Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 305 of 417 1 ORDINANCE NO. 1803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDI ,
CALIFORNIA AUTHORIZING A ONE (1) YEAR EXTENSION OF THE
DESIGN REVIEW APPROVAL FROM DECEMBER 31, 202 3 TO
DECEMBER 31, 2024 FOR THE OASIS AND BLISS MIXED -USE
PROJECT ALSO KNOWN AS SKYLINE (CITY OF INDIO FILE
REFERENCE NO. DR 20-08-477) COMPRISED OF APPROXIMATELY 1.4 ACRES IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 611-164-011, 611-164-013, 611-164-014, AND 611 -164-015 LOCATED NORTH WEST OF
THE INTERSECTION OF OASIS STREET AND BLISS AVENUE
WHEREAS, the City Council adopted the Downtown Specific Plan on April 15 , 2020.
The Specific Plan covers approximately 140 acres of Downtown Indio bounded by Highway 111 on the south, Indio Boulevard on the north, Grace Street on the east and Deglet Noor Street/King Street on the west; and,
WHEREAS, on August 7, 2020, Coachella Valley Development Partners submitted a Design Review land use entitlement application (City of Indio Case File No. DR 20 -08-447) for the construction of a four (4) -story mixed use building consisting of seventy (70) market rate apartment units, tenant amenities, ground floor leasable commercial spaces and a redesigned parking area on approximately 1.4 acres at the northwest corner of Oasis Street and Bliss; and,
WHEREAS, on September 23, 2020, the Planning Commission following the close of a duly noticed public hearing and deliberation approved Resolution No. 19 57 granting conditional approval to the Design Review land use entitlement application for the Oasis and Bliss Mixed-Use Project; and,
WHEREAS, in June 2022, Versed Development Group, LLC assumed the development rights and obligations for the Oasis and Bliss Mixed-Use Project; and,
WHEREAS, on November 4, 2020, the Indio City Council passed Ordinance No. 1757 extending the expiration date of conditional use permits and design review approvals to December 31, 2023 for qualifying projects. The City Council passed this Ordinance in response to the then significant impacts resulting from the COVID-19 pandemic to the funding and construction of new development projects in the City of Indio; and,
WHEREAS, the Community Development Director has conferred with the City Attorney regarding extension requests for projects under the authority of Ordinance No. 1757. The City Attorney has advised that the City Council must take ordinance action to approve extension requests beyond the period specified in this Ordinance; and,
WHEREAS, on December 5, 2023, Versed Development Group, LLC submitted a written request for a one (1) year extension of Oasis and Bliss Mixed-Use Project (City of Indio Case File No. DR 20-08-447); and,
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 306 of 417 2 WHEREAS, Versed Development Group, LLC identified that delays in starting and completing the project are a result from financing and related components included interest rates, loan to costs ratio, loan origination fee and appraisal value and that the requested extension will grant it the opportunity to pursue private financing for the project, find a local appraiser that can appraise property to its true value of original appraisal, and allow the financial markets to return to representative figures of the project offering proforma.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. The City Council finds and determines that t he extension request is consistent with the City of Indio General Plan 2040 as said request will support the City’s economic development by providing additional time for development planning for the subject site that was impacted by external market forces resulting from financing and related components included interest rates, loan to costs ratio, loan origination fee and appraisal value as specified by the authorized representative for Versed Development Group, LLC. Therefore, the City Council finds that the one (1) -year extension request is consistent with the goals, objectives, and policies of the General Plan 2040.
Section 3. The current extension request was previously covered under the provisions of Ordinance No. 1757 as the Design Review approval by the Indio Planning Commission on September 23, 2020 was within the nature and timeframe of the project approvals, the project approval had not expired as of 30 days from the date of the final passage of Ordinance No. 1757 and the subject site has been maintained in accordance with Chapters 95A and 950 of the Indio Municipal Code and all fees applicable to the site's development have been paid.
Section 4. The City Council finds that adoption of this extension request is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because this action will not have the potential for causing a significant effect on the environment as the ordinance only extends the expiration of a previously approved land use entitlement that was previously analyzed in conformance with CEQA.
Section 5. The City Council hereby approves a one (1) year extension of the conditional approval of the Oasis and Bliss Mixed-Use Project also known as Skyline (DR 20-08-477).
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 307 of 417 3 Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this uncodified ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this uncodified ordinance . The City Council hereby declares that it would have passed this uncodified ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 7. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED and ADOPTED this 20th day of December 2023.
___________________________
LUPE RAMOS AMITH
MAYOR
ATTEST:
__________________________________
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 308 of 417 SERVICESINC.License#95I607-GENERALCONTRACTOR-ARCHITECTURALDESIGN-CONSTRUCTIONMANAGEMENTLicense#936I47IGENERALENGINEERING December5,2023RE:LandUseEntitlementExtension_Sky|ineMixedUseProject_CaseFileNo.DR-20-08-477DearCouncilMembers,ThankyouinadvanceforyourreviewandconsiderationofanentitlementextensiontotheSkylinemixeduseprojectonOasis&Bliss.Ourgroupwasassignedthedisposition&developmentagreement(DDA)lateJuneearlyJuly2022,uponassignmentandassumptionweimmediatelyfundedandsubmittedallconstructiondocumentstocloseontheprojectsiteby12/30/2022,whichwedid.Duringthoseinitial6monthsofconstructiondocuments,permittingandacquisition,thefinancialmarkettookadrasticturninregulation,requirements,leadingtoanimpedingimpactonourproject.Financinganditsrelatedcomponents:interestrate,loantocostsratio,loanoriginationfeeandappraisalaretheunequivocalreasonstheprojecthasnotbrokengroundtodate.Ourinitialproformasandappraisalwererepresentativeofasuccessfulproject,whichiswhyourgrouptookassignmentandinvestedover1.6millioninequityina6-monthperiodtofullyentitleandpayrelatedfees.Wearecommittedtoseeingtheprojectthrough.Wehavecommittedsubstantialresources,time,andhavemadebesteffortstosecureadequatefinancing.Sucheffortsinclude:multipleappraisals,abovemarketrentalcommitmentsbyownershipteam,solicitedsyndicationsandthecommitmenttose|f—fundthe1“floorofficespaceoutsideofconstructionfinancing.Therequestedextensionwillgrantustheopportunitytocontinueourbesteffortsbypursuingprivatefinancingmoreaggressively,findalocalappraiserthatcanappraisepropertytoitstruevalueoforiginalappraisal,andallowthefinancialmarketstoreturntorepresentativefiguresofourofferingproforma.Weareactivelynegotiatingconstructioncoststovalueengineer;generalcontractorhasreduceditsbuildingfeetolessthanhalfof”industrystandard”toenhanceloantocostratio.Wecurrentlyhave3privateequityfirmswearesolicitinglettersofintentfrom(LTVPrivateEquity,StoneHawkCapitalPartners,OneSourceCapitalGroup)and2"familywealth”advisorswearepursuing(RobertT.BestandTomFellman).Ownershipispreparedandmotivatedtoensurethefruitionandconstructabilityofproject.
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 309 of 417 Grantingtheextensionisanecessitytoensurethepartnershipweagreedtoismaintained.Ourgroupiscommittedbothfinanciallyandvestedinourcommunity;allthreepartnersarestaplesinourcommunity,especiallyinlndio.Ourcommitmentistomovecorporateofficestoourmixed-usedevelopment,buildthelargestprivateprojectindowntownlndioandbringthemuch-neededconstituentdiversitytothedowntownimprovementeffort.Itgoeswithoutsayingthebenefitismonumentaltotheconstituentsweallaimtoserviceandlocalbusinessesthathaveequallymadeacommitmenttothedowntownefforts.FailureisnotanoptiononthisprojectaswearepastthepointofdissolutionbothfinanciallyandperexecutedDDA.Wecontinuetomarkettheprojectonourwebsite:www.skylineindio.comandhaveaninterestlistthatkeepsgrowing.Uponsecuringfavorablefinancingwewillmoveforwardwithconstructionandbuildtheprojectcollectively.Inclosing,IwanttothankyoufortheconsiderationandfavorablereviewtobetterourcommunityandthefruitionofSkylineinIndio.Wecanmakeourselvesavailableforareviewwithcouncilorstaff.Wecanprovideanyrequesteddocumentation,updatedproformas,andbesteffortpracticestoreiterateourcontinuedcommitmentanddailyeffortstobreakground.Sincerely, OscarLua,GeneralPartnerStatewideServices,Inc
StatewideServices,Inc47050WashingtonStreet,Suite4101ILaQuinta,CA92253760.699.5434OfficeI760.699.5466FaxI www.statewideinc.net
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 310 of 417 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Project Location Map for 1 Year Design Review Extension Notes
REPORT PRINTED ON... 12/12/2023 12:06:06 PM
Request for Oasis and Bliss Mixed Use Project (Skyline) 0 376188 Feet
County Boundary
City Boundaries
Parcel APNs
Parcels, Public
County Centerlines
Blueline Streams
City Areas
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (...Page 311 of 417 ,, ,__. ,_,,on
RECORDINGREQUESTEDBYANDWHENRECORDEDRETURNTO:CityofIndioAttn:CityClerkIndioCityHall100CivicCenterMallIndio,CA92201NoRecordingFee(GovernmentCodeSecti6103)
ASSIGNMENTANDASSUMPTIONOFCOACHELLAV ALLEYPARTNERS,LLCDISPOSITIONANDDEVELOPMENTAGREEMENT ThisAssignmentandAssumptionoftheDispositionandDevelopmentdatedDecember2,2020anditsamendmentsisenteredintobyandbetweentheCOACHELLAV ALLEYDEVELOPMENTPARTNERS,LLC,aCalifornialimitedliabilitycompany("Assignor"or"Developer")andVERSEDDEVELOPMENTGROUP,aCaliforniacorporation(“Assignee”)onJune28,2022(“EffectiveDate”),andissubjecttoapprovalbytheCITYOFINDIO,amunicipalcorporation(the"City").TheAssignorandAssigneeareindividuallyreferredtohereinasa“Party”andcollectivelyreferredtoasthe“Parties.”RECITALSThisAssignmentandAssumptionAgreementismadeandenteredintowithregardtothefollowingfacts,eachofwhichisacknowledgedastrueandcorrectbytheParties:A.CityandDeveloperenteredintoaDispositionandDevelopmentAgreementdatedDecember2,2020,(the“DDA”)andwhichprovidesforthesalebytheCitytoDeveloperofcertainlanddescribedthereinandassetforthinExhibitA(the“Property”)andthedevelopmentbyDeveloperofaprojectthereon(the“Project”).TheextensionofthedeadlinefortheCloseofEscrowundertheDDAwasextendedpursuanttoAmendmentNo.1andAmendmentNo.2totheDDA.TheCityandDeveloperenteredintotheThirdAmendmenttotheDDAonJune15,2022,toextendcertaindeadlinesandestablishcertainparametersregardingtheProject.TheDDA,AmendmentNo.1,Amendment2andtheThirdAmendmentarecollectivelyreferredtoastheDDAandareattachedhereinasExhibitB.B.AssignordesirestoassigntheDDAtotheAssigneeandthepartieshaveprovidednoticetotheCityofAssignee’sintenttoacquiretherightsandassumetheobligationsoftheDeveloperundertheDDA.AsrequiredbytheDDA,AssignorandAssigneehaverequestedthattheCityapprovesaidassignmentandassumption. 84610.012—266453lV
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 312 of 417 Section2 Assignme
Section3 Assumgtion.
ReprescnlalionsandWammties.
Section5 Authority.
AGREEMENTNOW,THEREFORE,inconsiderationofthemutualpromisesandcovenantshereincontainedandothervaluableconsideration,thereceiptandadequacyofwhichisherebyacknowledged,theAssigneeandAssignorheretoagreeasfollows:Section1.Recitals.TheforegoingrecitalsaretrueandcorrectandareherebyincorporatedintothisAssignmentandAssumptionAgreementbythisreference.. nt.EffectiveasoftheEffectiveDate,AssignorherebyirrevocablyassignsandtransferstoAssigneeallofitsrights,interestsandobligationsinandto,theDDA.. Assigneeherebyacceptsallsuchrights,interestsandobligationsarisingfromandrelatedtotheDDAandexpresslyassumesandcovenantstokeep,perform,fulfillanddischargealloftheterms,covenants,conditionsandobligationsrequiredtobekept,performed,ful?lledanddischargedbyAssignorundertheDDAonandaftertheEffectiveDate.Section4 AssigneerepresentsandwarrantstotheCityasofthedateofthisAssignmentandAssumptionAgreementthat:A.VersedDevelopmentGroupisacorporationvalidlyexistingandingoodstandingunderthelawsoftheStateofCalifornia.B.VersedDevelopmentGrouphasdulyauthorizedtheexecutionandperformanceofthisAssignment.C.CoachellaValleyDevelopmentPartners,LLC,hasdulyauthorizedtheexecutionandperformanceofthisAssigmnentandAssumptionAgreement.. Eachpartyheretoherebyrepresentsandwarrantstotheotherpartyheretothatithasallrequisitepowerandauthoritytoexecuteanddeliver,andtoperformallofitsobligationsunderthisAssignmentandAssumptionAgreement,andthatnothingprohibitsorrestrictsitsrightorabilitytoclosethetransactionscontemplatedhereunderandcarryoutthetermshereof.Section6.EffectofAssignment.ExceptassetforthinthisAssignmentandAssumptionAgreement,thetermsoftheDDAshallremainunchangedandinfullforceandeffect.Section7.GoverningLaw.ThisAssignmentandAssumptionAgreementshallbegovernedbyandconstruedandenforcedinaccordancewiththelocalorsubstantivelawsoftheStateofCaliforniaandallmattersrelatingtoit,andanyactionbroughtrelatingtothis 121830001/2684702.]
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 313 of 417 Section8
Section9
SectionI0
Section11
Section12
Amendments.
Severability.
TimeofEssence.
Al1orneys'Fees
Execution
AssignmentandAssumptionAgreementshallbeheldexclusivelyinastatecourtintheCountyofRiverside,California.. NoprovisionofthisAssignmentandAssumptionAgreementmaybeamendedoraddedtoexceptbyanagreementinwritingbythepartieshereto.. AnyprovisionofthisAssignmentandAssumptionAgreementwhichshallprovetobeinvalid,void,orillegalshallinnowayaffect,impair,orinvalidateanyotherprovisionhereofandsuchotherprovisionsshallremaininfullforceandeffect.. TimeisoftheessenceofthisAssigmnentandAssumptionAgreement.. IntheeventanypartyheretobringsanactionorproceedingtoenforceorinterpretthisAssignmentandAssumptionAgreement,theprevailingpartyorpartiesshallbeentitledtoanawardofreasonableattorneys‘feesandcosts.. ThisAssignmentandAssumptionAgreementmaybeexecutedinseveralcounterparts,eachofwhichshallconstituteoneandthesameinstrumentandshallbebindingupontheParties.
WITNESSWHEREOF,theAssignorandAssigneehaveexecutedthisAssignmentandAssumptionAgreementasoftheEffectiveDatewrittenabove.
ASSIGNOR:COACHELLAV ALLEYDEVELOPMENTPARTNERS,LLCaCalifornialimitedliabilitycompany 4120rm/vvnu//L
121810001/2684702.}
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 314 of 417 Califcmicooration
ASSIGNEE:VERSEDDEVELOPMENTGROUPa
TheaboveAssignmentandAssumptionAgreementisherebyapprovedbytheCityofIndioAPPROVED:CITYOFINDIO,Amunicipalcorporation(“City”) Montgomery
ATTEST:
Cynthia
l2l83.000l/2684702.]4-
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 315 of 417 néum7.»:-an Mmw§w~._g_r5;..3,vV~J\Dame‘$c.v~wn.«-r\
ANotaryPublicorotherofficercompletingthiscerti?cateveri?esonlytheidentityoftheindividualwhosignedthedocument,towhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvaliditvofthatdocument.
NOTARYACKNOWLEDGMENTSTATEOFCALIFORNIA))COUNTYOF )\Jo/\-rvroxO ,beforeme. ,NotaryPublic,personallyappeared ,whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYofPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.MATVHEWWITNESSmyhandandof?cialseal.
Comm. Signature(Seal)
121810001/2684702.]
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 316 of 417 Nnmryicorotherof?cercompletingrti?cate?esonlytheidentityofthein n Snug33Lobbbeforcmc,[Ma?aSgm; otaryPubl
yappeared L ' heprovedthehasofsatisfayevidencepersn(s)whosename(s)subscribedwithinstmmentacknowlcdethahe/shc/theyexecuteameinhis/ A Publ thisce veri dividualwhosignedthedocument,towhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvaliditvofthatdocument.
NOTARYACKNOWLEDGMENTSTATEOFCALIFORNIA))COUNTYOFRIVERSIDE)O ,N ic,personall ,w tomeonis ctortobetheo is/are tothein andgedtomt dthes her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYofPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.MARIAsumoWITNESSmyhandandofficialseal.NotaryPublicCaiifurniaRiversideCountyCommissionat‘7‘.367i557!m25CrnExiresun. _ JmP 7770'2Signature(Seal) 121810001/2684702.1
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ANotaryPublicorotherofficercompletingthiscertificateVeri?esonlytheidentityoftheindividualwhosignedthedocument,towhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orValiditvofthatdocument.
NOTARYACKNOWLEDGMENTSTATEOFCALIFORNIA))COUNTYOFRIVERSIDE) personally onthebasis0
theentityuponbehalfofwhichthepersontIcertifyunderPENALTYofPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSofficialseal.
Signature(Seal)
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 318 of 417 EXHIBIT“A”
LEGALDESCRIPTIONLOTS20AND21INBLOCK“O”OFKINGANDNARRAMOREADDITIONTOINDIONO.1,ASSHOWNBYMAPONFILEINBOOK10,PAGE(S)51,OFMAPSOFRIVERSIDECOUNTY ,CALIFORNIA.APN611-164-011AND611-164-013THEFOLLOWINGPROPERTYINTHECITYOFINDIO,RIVERSIDECOUNTY ,STATEOFCALIFORNIADESCRIBEDASLOT10,11,12BLOCK)OFTRACTKINGANDNARRAMOREADDITIONTOINDIONO.1,INTHECITYOFINDIO,COUNTYOFRIVERSIDEASPERMAPRECORDEDINBOOK10,PAGE(S)51,OFMAPSINTHEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTY .APN:611-64-014 LOTS22,23,AND24INBLOCK“O"OFKINGANDNARRAMOREADDITIONTOINDION0.1,ASSHOWNBYMAPONFILEINBOOKI0PAGE51OFMAPS,RIVERSIDECOUNTYRECORDS;EXCEPTINGTHEREFROMANUNDIVIDEDONE-HALFINTERESTINALLPETROLEUM,OIL,NATURALGAS,OROTHERMINERALS,ASRESERVEDINDEEDFROMJOHNR.HAYNESANDWIFETOH.C.WILMOTANDGEORGEN.HURD,RECORDEDDECEMBER22,1919INBOOK506PAGE240OFDEEDS,RIVERSIDECOUNTYRECORDS.
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 319 of 417 EXHIBIT“B”DEVELOPMENTANDDISPOSITIONAGREEMENTANDITSAMENDMENTS
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 320 of 417 BA20220696525
Amendment Details
Limited Liability Company Information
Limited Liability Company Name VERSED DEVELOPMENT GROUP, LLC Entity No. 3861025
The Limited Liability Company will be managed by More than One Manager Review and Signature
Additional information and signatures set forth on attached pages, if any, are incorporated herein by reference and made part of this filing.
Electronic Signature
By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign.
Oscar Lua
Manager/Member Signature
08/17/2022
Date
STATE OF CALIFORNIAOffice of the Secretary of StateAMENDMENT OF ARTICLES OF ORGANIZATION CA LIMITED LIABILITY COMPANY California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B1030-1212 08/17/2022 3:23 PM Received by California Secretary of State
For Office Use Only
-FILED-
File No.: BA20220696525
Date Filed: 8/17/2022
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Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 323 of 417
RESOLUTION NO. 1957
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIO CONDITIONALLY APPROV ING DESIGN REVIEW (D R) 20-08-477 TO ALLO W THE CONSTRUCTION OF A 4 -STORY MIXED USE BUILDING CONSISTING OF 70
MARKET RATE APARTMEN T UNITS, TENANT AMENITIES, AND GROUNDFLOOR LEASABLE COMMERCIAL SPACES, TOTALLING 72 ,000 SQUARE FEET WIT H
REDESIGN PARKING LOT AT THE NORTHWEST CORNER OF BLISS AVENUE AND OASIS STREET (APNS: 611-164-011, 013, 014 and 015)
WHEREAS, on August 7, 2020, David Shuman (“Applicant”) applied for a Design Review 20-08-447 for the construction of a 4 -story mixed use building consisting of 70 market rate apartment units, tenant amenities, ground floor leasable commercial spaces, and a redesigned parking lot, (“the Proposed Project”) on an approximately one (1.4) acre (“Site”); and,
WHEREAS, the project site is located within the downtown area within the City of Indio at the northwest corner of Bliss Avenue and Oasis Street within Riverside County, California (APNs: 611-164-011, 013, 014 and 015) (“Property”); and,
WHEREAS, a notice of a public hearing for the Proposed Project was conducted in accordance with Section 159.905 of the Indio Municipal Code , inclusive of the publication on September 12, 2020 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 300 feet of the subject properties on September 11, 2020; and,
WHEREAS, the City of Indio Community Development Department and other internal and external review agencies conducted a technical analysis of the Project addressing compliance to relevant Chapters, Sections and standards a nd regulations of the Indio Municipal Code, Indio Zoning Code, Indio Downtown Specific Plan, adopted International Codes as well as other adopted standards and regulations and issued a staff report and recommendations dated September 18, 2020; and,
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the State Guidelines for Implementation of CEQA (State CEQA Guidelines) and the City of Indio CEQA Implementation Requirements, a Final Environmental Assessment/FEIR (EA 17-07-536) was prepared for Downtown Specific Plan to address the potential environmental impacts associated with the implementation of the proposed Indio Downtown Specific Plan as well as the other subsequent entitlements necessary to implement the In dio Downtown Specific Plan . By Resolution No. 10131, the Indio City Council approved the Final Environmental Report with a Mitigation Monitoring and Reporting Program on March 18, 2020; and,
DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 324 of 417 WHEREAS, on September 23, 2020, the Planning Commission held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing. At the conclusion of the public hearing, the Planning Commission adopted this Resolution approving Design Review 20 -08-477, subject to the conditions listed herein.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF INDIO, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVESAS FOLLOWS:
SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct and are incorporated into this Resolution by reference and constitute a material part of this Resolution
SECTION 2. Based upon the evidence presented at the hearing, including the staff report, the Planning Commission hereby finds:
A. Pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code, § 21000 et seq.), the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.), and the City’s Local Guidelines, the potential environmental impacts of the Oasis and Bliss project and Design Review 20-08-477 were considered in light of the previously certified Environmental Impact Report (EIR) for the Downtown Specific Plan project, including the impacts and mitigation measures identified therein. The Downtown Specific Plan Environmental Impact Report (EIR) (EA 17 -07-536), adopted by Resolution No. 10131 of the Indio City Council on March 18, 2020, was prepared to respond to the anticipated environmental impacts associated with the Downtown Specific Plan Project and addresses the potential environmental impacts associated with the implementation of the proposed Indio Downtown Specific Plan as well as the other subsequent entitlements necessary to implement the Indio Downtown Specific Plan. Consistent with Section 21166 of CEQA and Sections 15162 and 15168 of the State CEQA Guidelines, the Project is within the scope of the Downtown Specific Plan EIR and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and the Project does not involve new information of substantia l importance which shows that the Project will have significant effects not discussed in the prior EIR. All potential environmental impacts associated with the Oasis and Bliss Project and Design Review 20-08-477 are adequately addressed by the prior EIR. This project is within the Downtown Specific Plan and is consistent with the Downtown Specific Plan and is therefore exempt from additional CEQA review. Therefore, the Planning Commission, based upon the above facts and based upon its independent review, f inds that the proposed project is not subject to further review pursuant to Sections 15162 and 15168 of the CEQA Guidelines because none of the conditions exist that would require the preparation of subsequent environmental review.
B. The proposed location o f the use is in accord with the objectives of Title XV (Land Usage) of the Indio Municipal Code and the purpose of the Downtown Specific Plan, DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 325 of 417 in particular the planning area of Downtown Neighborhood (DT-N) with a Retail Ready Overlay (RRO), in which the s ite is located. The proposed project is a mixed -use development with a combination commercial and residential uses, which is in line with the development contemplated at this site location. As specified on the Table 3.5, Specific Land Use Provisions shall be allowed by right unless prohibited elsewhere in the Indio Municipal Code. The proposed use of mixed-use development is an allowed use under the Indio Downtown Specific Plan.
C. The proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The zoning regulations of the Downtown Specific Plan are adopted to protect, promote and enhance the public health, safety and general welfare. The recommended conditions of approval require development in accordance with approved site plan, elevations, floor plan, landscape plan and irrigation plan, which allows the City to protect and promote the public health, safety and general welfare by reviewing all proposals and regulating approval. All structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the Project will be required as a condition of approval to be continually maintained in good condition and repair including the replacement of all dead or dying landscape material with new landscape material. In addition, handicapped parking spaces are required for common parking areas, a security plan must be submitted and approved by the City and an approved fire sprinkler system is required. The Applicant will also be conditioned to provide a water system capable of delivering enough water for the Fire Department’s use in an emergency.
D. The proposed project will be located on vacant lot and an existing parking lot within the Downtown Specific Plan. A ll applicable development standards, such as height, setback, and width of drive aisles will be required to comply with the Downtown Specific Plan Interim Development Sta ndards. The Applicant has proposed to build ground floor residential units to comply with standards for Flex Frontages (Sections
3.8.1, 3.8.2, 3.8.3). The project must also comply with Sections 3.5 Specific Land Use Provisions, 3.6 Building Placement, 3.7 Building Height & Massing, 3.8 Private Frontages, 3.9 Private Open Space, 3.10 Parking and 3.11 Signs of the Indio Downtown Specific Plan. The Applicant is not requesting approval of any variances or adjustments as part of the proposed entitlements. The specific improvements related to the proposed Project will be reviewed and approved by the City staff and outside agencies during the plan check and building permit process.
E. The proposed mixed-use development is consistent with the General Plan 2040. The General Plan 2040 designates Downtown (DT) land use designation for the subject property, which supports a lively, thriving Downtown area by accommodating multi - story, mixed-use buildings at higher densities and intensities. The project is proposed to incorporate high quality building materials, has ideal building placement and is an appropriate use within the downtown area and therefore is consistent with Land Use Policies LU-1.3, LU-4.3 and LU-5.7. The Downtown designation allows for vertical and horizontal mixed use, and standalone uses. The proposed project is a mixed -use DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 326 of 417 development adding to the diversity of residential use and commercial use to the downtown. Furthermore, the residential component of this project is consistent with the 2014 -2021 Housing element, as it provides additional housing units in the downtown area.
SECTION 3. Based on the foregoing findings, the Planning Commission hereby approves Design Review 20-08-477, subject to the following conditions of approval:
A. General Conditions of Approval Design Review 20-08-477:
The Applicant shall demonstrate full compliance to the following conditions of approval.
The relevant City department or division or outside agency is noted in parentheses in the event that there are questions or additional information needed regarding a c ondition of approval. The Applicant shall adhere to and comply with each of these conditions, as set forth herein, as applicable and when necessary, and in no event later than the issuance of Certificate of Occupancy:
1. Where the term “Applicant” is used he rein, this term shall apply also to the Property owner, any developer, or any successor in interest of the Applicant.
2. The Design Review 20 -08-477 approval granted by this Resolution shall be valid for twenty-four (24) months from the effective date of this Resolution; unless prior to the expiration of the two years, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is issu ed; otherwise, this Design Review approval will automatically expire unless an extension of time has been granted as specified in Section 159.730 of the City of Indio Municipal Code.(Planning Division)
3. In the event of any court action or proceeding challe nging the approval of this resolution or otherwise challenging the approval of Design Review 20-08-477 or the environmental determination conducted, the Applicant shall defend, at its own expense, the action or proceeding. In addition, the Applicant shall reimburse the City for the City's cost of defending any such court action or proceeding. The Applicant shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In the event the Applicant fails or refuses to reimburse the City for its c ost to defend any challenge, the City shall have the right, among other remedies, to revoke this approval.
In order to ensure compliance with this condition, within twenty (20) days after notification by the City of the filing of any claim, action or proc eeding to attack, set aside, void or annul the approval of this design review, the Applicant shall deposit with the City cash or other security in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemni fication 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 DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 327 of 417 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 pr ovide such additional security within thirty (30) calendar days of notice from the City Attorney. The City shall promptly notify the Applicant of any claim, action or proceeding within the scope of this condition. (Planning Division)
4. All Conditions of App roval shall be provided on a full -size sheet as part of the construction plan set. All notes and specifications as shown on the plans shall be considered Conditions of Approval. If there is a conflict between the approved plans and the Conditions of Approv al, the Conditions of Approval shall prevail. (Planning Division)
5. The Applicant shall ensure that all development shall occur substantially as shown on the site plan, floor plans, elevations, and landscape plans, and as modified herein (see Attachment C of the Staff Report). (Planning Division)
6. All parking lot landscaping shall be maintained in perpetuity, with all maintenance to include, but be limited to, irrigation corrections, fertilization, and pruning and staking.
All maintenance shall be performed with the overall goal of providing maximum plant health with minimum damage to hardscape, vehicles and persons. Pursuant to Section 159.653(F)(5) of the Indio Municipal Code, all significantly injured, decayed or dead trees and other plant material must be replaced within thirty (30) calendar days. (Planning Division)
7. Shall comply with the latest adopted edition of the following codes as applicable (Building and Safety Division):
a. California Building Code
b. California Residential Code
c. California Electrical Code
d. California Mechanical Code
e. California Plumbing Code
f. California Energy Code
g. California Fire Code
h. California Green Building Standards Code
8. 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. (Building and Safety Division)
9. 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. (Building and Safety Division)
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10. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code. (Building and Safety Division)
11. 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. (Building and Safety Division)
12. 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. (Building and Safety Division)
13. All signs shall be Underwriters Laboratories approved, or equal. (Building and Safety Division)
14. Permits are required prior to the removal and/or demolition of structures. (Building and Safety Division)
15. In addition to approval from Building & Safety, approval is required from the County of Riverside, Department of Public Health for public swimming pools and spas and for occupancies involving foods and beverages. (Building and Safety Division)
16. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties. (Building and Safety Division)
17. The Applicant shall abide by the Lighting specifications under the Downtown Specific Plan Section 3.9.1.B.
3.9.1.B.2 Outdoor Lighting
3.9.1.B.2.a Lighting shall be shielded by permanent attachments to fixtures so that light sources are not visible from adjacent properties or the public right of way.
3.9.1.B.2.b Specific to surface parking lots, private frontages, and any other on -site open space that abuts a public right of way.
3.9.1.B.2.b.i Lighting shall be shielded by permanent attachments to fixtures so that light sources are not visible from adjacent properties of the public right of way.
3.9.1.B.2.b.ii No freestanding fixture shall exceed a height of 15 feet as measured from finished adjacent grade.
3.9.1.B.2.b.iii Light sources shall have a maximum output of no greater than 3,000 lumens.
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3.9.1.B.2.b.iv Required illuminance (in footcandles): Max: 4.0; Min: 0.2’ Max. average: 0.8; Uniformity ratio (max/min): 20/1; Uniformity ratio (average/min): 4/1 (Planning Division)
18. The Applicant shall note that the proposed Project lies wholly within the Valley Sanitary District (VSD) boundary, a public agency for sanitary sewer service. There is an 8-inch sewer main within Oasis Street adjacent to the property that is available for connection and use. (Valley Sanitary District)
19. The Owner/Developer’s engi neer shall meet with VSD staff and discuss proposed sewer main connections and requirements prior to design. (Valley Sanitary District)
20. 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. (Valley Sanitary District)
21. The proposed project will comply with all Valley Sanitary District and other agency standards and requirements. (Valley Sanitary District)
22. Improvements in the public right of way will require bonding by the Owner/Developer and installation by a licensed underground contractor. (Valley Sanitary District)
23. The proposed project will be subject to all terms and conditions of the State of California mandated pre-treatment regulations. (Valley Sanitary District)
24. 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. (Valley Sanitary District)
25. Building will require its own domestic water meter with back flow assembly. Size of meter to be determined based on approved plumbing plan by E.O.R and Form B-2 by IWA. (Indio Water Authority)
26. A separate water meter with back flow assembly for irrigation will be required for proposed landscaping. - Size of meter to be determined based on approved Landscape plan by Landscape Designer and Form B -2 by IWA. Submit final landscape plans to IWA. (Indio Water Authority)
27. All new polymer meter boxes will be required per IWA standards. (Indio Water Authority)
28. Any existing service laterals not in use shall be properly abandoned per IWA standards. (Indio Water Authority)
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29. Water Improvement plans will be required for new water meters, DCDA, and fire hydrants being proposed. (Indio Water Authority)
30. The applicant shall complete the Landscape Documentation Package in accordance with the Water Efficient Landscape Development Standards Ordinance No. 1 684. (Indio Water Authority)
31. The applicant shall reserve a 6 -inch by 3 -inch space for an IWA signature block in lower right corner of the cover sheet and on all of the l andscape, irrigation design/detail/ specification sheets. (Indio Water Authority)
32. The Applicant shall submit a customer project application available at https://www.iid.com/home/showdocument?id=12923, detailed loading information, panel sizes, project sc hedule and estimated in -service date. After the application is submitted, Imperial Irrigation District (IID) will begin any engineering or estimate costs to provide electrical service for the project. (Imperial Irrigation District)
33. The Applicant shall bear all costs associated with the construction of any additional facilities, including applicable permits, zoning change, landscaping (if required by the City) and rights -of-way and easements needed to extend electrical service to the proposed project. (Imperial Irrigation District)
34. Based on the preliminary information provided to the IID, the district can accommodate the power requirements of the project by extending distribution backbone (conduit and cable) along Bliss Avenue from the project to the exi sting N32 circuit facilities (pole #920559). The district’s ability to provide service from existing infrastructure is based on currently available capacity, which may be impacted by future development in the area. It is important to note that a detailed a nd 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 mitigations. The conditions of service could change as a result of the additional studies. (Imperial Irrigation District)
35. Underground infrastructure that includes trenching, conduits, pull boxes, switch boxes and pads shall be installed following IID approved plans. Physical field installation of underground infrastructures shall 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). (Imperial Irrigation District)
36. The Applicant shall find additional information regarding electrical service for a project, the applicant should be advised to contact the lID 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. (Imperial Irrigation District)
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37. The Applicant shall note that Imperial Irrigation District’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. (Imperial Irrigation District)
38. Approved accessible on-site fire hydrants shall be located not to exceed 400 feet apart in any direction as measured by an approved route around the complex, exterior of the facility or building a nd Appendix C. Fire hydrants shall provide the required fire flow. (Indio Fire Department)
39. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on the property/lot. (Indio Fire Department)
40. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy. (Indio Fire Department)
41. The installation of the onsite water system shall comply with all requirements of NFPA 24 and the California Fire Code 2019 edition and City of Indio Water Standard and drawings. (Indio Fire Department)
42. Super fire hydrant required (6” X 4” X 2 ½” X 2 ½ “). The valve stem of the 4 –inch discharge shall be a minimum 18 -inches above final grade, which means hydrant screw plate shall be above final grade. (Indio Fire Department)
43. Access lanes will not have an up, or downgrade of more than 12 percent. (access will not be less than 24-feet in width.) and will have an unobstructed vertical clearance not less than 13’6”. Access lanes shall be designed to withstand the weight of sixty thousand (60,000) pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. Streets shall be constructed in accordance with Indio City Street Standards. (Indio Fire Department)
44. Driveway loops, fire apparatus access lanes and entrance curb radius shall be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall prepare and submit to the Fire Department for approval; a site p lan designating required fire lanes with appropriate lane printing and/or signs. Required identification standard/guidelines handout shall be obtained from the Indio Fire Prevention Bureau. (Indio Fire Department)
45. Fire apparatus access shall be provided when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. (Indio Fire Department)
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46. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. (Indio Fire Department)
47. The Applicant shall install a complete commercial fire sprinkler system (per NFPA 13).
Fire sprinkler system(s) with pipe sizes in excess of 4” in diameter will require the Project Structural Engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and Fire Department connection shall be located to the front, within 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Contact Fire Department for guideline handout. (Indio Fire Department)
48. All structures 3,600 square feet or larger will be required to install a fire sprinkler system. This would include the following structure s as identified on the site plan:
Convenience Store, Restaura nt/Retail, Carwash, Fuel Canopy. (Indio Fire Department)
49. If the building is equipped with a fire alarm system or burglar alarm, the lock boxes will require tamper monitoring. (Indio Fire Department)
50. The Applicant shall ensure that if the building is equipped with a fire alarm system or burglar alarm, the lock boxes will require tamper monitoring. (Indio Fire Department)
51. The Applicant/developer shall be responsible to install a U. L. Central Station Monitored Fire Alarm System, per NFPA 72. Monitoring system shall monitor the fire sprinkler system(s) water flow, P. I. V. ‘s and all control valves. Plans must be submitted with current permit fee to the Fire Department for review and approval prior to installation. (Indio Fire Department)
52. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turnaround c apabilities of fire apparatus. (Indio Fire Department)
53. The Applicant/developer shall provide a minimum of one elevator which is designed & designated for Emergency Medical Services. The elevator shall provide access to all levels and all habitable spaces of the development. (Indio Fire Department)
54. Gate(s) shall be at a minimum 20 feet wide and power controlled, and gate access shall be equipped with a rapid entry system approved by the Fire Department. Plans shall be submitted to the Fire Department for review/approval prior to installation.
Power controlled gates shall be equipped with emergency backup power and designed to be easily opened in the event of a power failure. Non-powered type gates DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2
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If commercial cooking appliances are to be utilized, a U. L. (300) upgraded hood and duct fire extinguishing s ystem must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. A licensed C -16 contractor must install system. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. (Indio Fire Department)
55. The Applicant shall accommodate the remaining 8 parking spaces required for the project. The Applicant may utilize parking off-site, provided that the off-site parking is entirely located within the boundaries of the Downtown Specific Plan, within 1,000 feet of the property, and connected to the project property by streets improved with sidewalks or walkways. Further more, any off-site parking must be tied to the project site with contractual agreement reviewed and approved by the City Attorney that is filed with the City and recorded with the County of Riverside. (Indio Fire Department)
B. Prior to Issuance of a Building Permit:
During or prior to issuance of a building permit for any building or structure governed by this Design Review 20-08-477, the Applicant shall demonstrate full compliance to the following conditions of approval:
1. The Applicant shall submit a photometric plan (light plan) to, and obtain approval from, the Planning and Police Departments for approval prior to the building permit issuance. This plan must address all areas around the location and must prevent any dark areas of places where people can hide. On-site light standards shall not exceed 24 feet in height. (Planning Division)
2. All Conditions of Approval shall be provided on a full -size sheet as part of the construction plan set. All notes and specifications as shown on the plans shall be considered Conditions of Approval. If there is a conflict between the approved plans and the Conditions of Approval, the Conditions of Approval shall prevail. (Planning Division)
3. The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project (Building and Safety Division):
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
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4. If hazardous substances are used and/or stored, a technical opinion and report, identifying and developing methods of protection from the hazards pre sented 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 lis t all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter -mixing in the event of an accident or spill. (Building and Safety Division)
5. The existing parcels (APN: 611-164-015, 611 -164-013, 611 -164-011) 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. (Building and Safety Division)
6. The Applicant shall coordinate with IWA staff and all applicable fees, forms and agreements shall be addressed. (Indio Water Authority)
7. The Applicant shall provide or show there exists a water system capable of delivering a fire flow of 4,000 gallons per minute for four hours duration at 20 -psi residual operating pressure, which must be available before any combustible material is placed on the construction site. The above fire flow gallons per minute (gpm) is based on type V-B construction and includes a 50% reduction/credit, provided a fire sprinkler system is installed. Due to construction type and sprinkler credits, additional and/or less fire flow capabilities may be changed, but this will be determined and based on futur e building plans. (Indio Fire Department)
8. Prior to building plan approval and construction, applicant/developer shall furnish one copy of the water system fire hydrant plans to Indio Fire Services for review and approval. Plans shall be signed by a registe red civil engineer, and shall conform 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. (Indio Fire Department)
9. Prior to issuance of building permits, the water system for fire protection must be provided as approved by Indio Fire Services and the local water authority. A fire flow verification test shall be obtained from the local water purveyor and submitted to the Indio Fire Prevention Bureau for approval prior to any combustible material placed on the property/lot. (Indio Fire Department)
10. Submittal of construction/architectural plans shall be submitted to the Fire Department for review and approval. (Indio Fire Department)
11. Shell building will receive a shell final only. No certificate of occupancy (human occupant and/or materials) will be issued until the building occupant has been DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2
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12. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to field inspection. All questions regarding the meaning of the code requirements should be referred to the Fire Prevention Bureau at 760-347-0756. (Indio Fire Department)
13. All proposed traffic calming elements for this development s hall be submitted to the Fire Department for review and approval. (Indio Fire Department)
14. The Applicant shall furnish one copy of the water system fire hydrant plans to Indio Fire Services for review and approval. Plans shall be signed by a registered civi l engineer, and shall conform 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. (Indio Fire Department)
15. The Applicant shall provide the water system for fire protection as approved by Indio Fire Services and the local water authority. A fire flow verification test shall be obtained from the local water purveyor and submitted to the Indio Fire Prevention Bure au for approval prior to any combustible material placed on the property/lot. (Indio Fire Department)
16. Access shall be provided to all mechanical equipment located on the roof as required per the Mechanical Code. (Indio Fire Department)
17. Precise Grading plan shall be submitted to the Fire Department for review and approval. (Indio Fire Department)
18. The Conditions of Approval subject to change with adoption of new fire codes, ordinances, or when buildings permits are not obtained within twelve (12) months. (Indio Fire Department)
19. Final Fire conditions will be addressed when complete buildings plans are reviewed. (Indio Fire Department)
20. Prior to the issuance of a Building Permit the applicant shall provide VSD with both civil and architectural drawings of the bui lding and site improvements for review and approval. (Valley Sanitary District)
21. Valley Sanitary District 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. (Valley Sanitary District)
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22. The Applicant shall incorporate shading treatments on windows and covered trellis to match the building materials on the residences on the 4 th floor for solar control. (Planning Division)
23. The Applicant shall specify and reflect a minimum of a ground floor story height of 12 feet from finished floor to ceiling on the building plans. Story height is measured from floor to ceiling. For the topmost story, it is measured from the top of the floor finish to the bottom of the ceiling joists or, where there is not a ceiling, the bottom of the roof rafters. (Planning Division)
24. The A pplicant shall ensure that the side street build -to line shall observe a 2 feet setback along Bliss Avenue. (Planning Division)
25. The Applicant shall include a solar ready carport/shade structure in the middle portion of the redesigned parking lot to maximize the shading area for future tenants. (APN:
611-164-014) (Planning Division)
C. Prior to Issuance of a Grading Permit:
Prior to issuance of a grading permit, the Applicant shall demonstrate full compliance to the following conditions of approval:
1. The Applicant shall comply with National Pollution Discharge E limination System (NPDES) requirements per state regulations, contact information is as follows (Engineering Division):
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 a Water Quality Management Plan for City approval prior to the issuance of any grading permit. (Engineering Division)
3. The Applicant shall submit for City approval the following items (Engineering Division):
a. Precise grading plans – shall include the street address for each lot building foot print
b. Rough Grading Plans
c. Soils Report
d. Hydrology Report
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4. 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. (Engineering Division)
5. 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. (Engineering Division)
6. Applicant shall submit plans to, and obtain approval from the City Engineer, for an on- site storm water retention basin(s) or system(s). Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equi valent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100 -year storm event of 24 -hour duration and shall c ompletely drain/percolate any storm event within 72 hours. (Engineering Division)
7. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin 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. (Engineering Division)
8. Applicant shall submit a Lot Merger Application and record it prior to the issuance of a Grading Permit. (Engineering Division)
9. All grading and pad elevations will be subject to approval by the Director of Community Development Services and the City Engineer based on grading plans and additional information to be submitted during plan check. (Engineering Division)
10. Line extensions are made in accordance with Imperial Irrigation District Regulations:
No. 2 (http://www.iid.com/home/showdocument?id=254 0),
No. 13 (http://www.iid.com/home/showdocument?id=255 3), No. 15 (http://www.iid.com/home/showdocument?id=2555) and No. 20 (http://www.iid.com/home/showdocument?id=256 0.
11. The Applicant shall obtain an encroachment permit or encroachment agreement (depending on the circumstances) for any construction or operation on Imperial Irrigation District (IID) property or within its existing and proposed right or 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 able ground or underground utilities. A copy of the Imperial Irrigation District (IID) encroachment permit application and instructions for its completion are available at http://www.iid.com/departments/real-estate. The Imperial Irrigation District (IID) Real DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2
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12. Relocation of existing Imperial Irrigation District (IID) facilities to accommodate the project and/or to accommodate street widening improvements imposed by the City of Indio will be deemed developer driven and all costs, as well as securing of rights of way and easements for relocated facilities, shall be borne by the applicant. (Imperial Irrigation District)
13. 11D requires the dedication of public utility easements over all private and public roads and an additional ten (10) feet in width on both side of these roads for the construction, operation and maintenance of its electrical infrastructure. (Imperial Irrigation District)
14. The Applicant shall ensure that any new, relocated, modified or reconstructed Imperial Irrigation District (IID) facilities required for and by the project (which can include but is not limited to electrical utility substations, electrical transmission and distribution lines, etc.) need to be included as part of the project's CEQA and/or NEPA documentation, environmental impact analysis and mitigation. Failure to do so will result in postponement of any construction and/or modification of lID facilities unt il 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 Imperial Irrigation District facilities is the responsibility of the project proponent. (Imperial Irrigation District)
D. During or Prior to Construction:
During or prior to construction, the Applicant shall demonstrate full compliance to the following conditions of approval.
1. The Applicant shall ensure that 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. (Valley Sanitary District)
2. During the construction of this project, the Applicant shall clearly post the site address at the job site entrance. This will enable incoming emergency equipment and the inspectors to locate the job site from the assigned street location. Numbers shall be a minimum of 24 inches in height. Fire safety during construction shall be in accordance with California Fire Code Chapter 33. (Indio Fire Department)
E. Prior to Issuance of a Certificate of Occupancy for any Building or Structure governed by Design Review 20-08-477:
Prior to issuance of a certificate of occupancy, the Applicant shall demonstrate full compliance to the following conditions of approval.
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1. The Applicant shall install landscaping and an automatic irrigation system for the entire site prior to the final Occupancy Permit. The irrigation system shall be an a utomatic system with an irrigation timer and two drip or bubbler heads per tree to produce deep root irrigation. Any changes or modifications to the landscaping plan during the Design Review process shall be addressed during the plan check process. (Planning Division)
2. All signage for the Property shall comply with all standards and regulations of the 3.11 Sign Section of the Downtown Specific Plan. (Planning Division)
3. The Applicant shall ensure that any roof -mounted mechanical equipment shall be screened from view of the adjacent properties and City streets by a parapet wall high enough to screen the highest piece of equipment and around the entire perimeter of the building. The Applicant shall also screen all ground mounted mechanical equipment from view from City streets and adjacent properties by a wall/fence or landscaping. (Planning Division)
4. A minimum of 15 percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, other plant material and har dscape material. A minimum of one-third (1/3) of the required landscaping shall be distributed within the interior of the parking facility and the remaining two -thirds (2/3) of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area. (Planning Division)
5. The Applicant shall provide a final landscape/irrigation plan with a variety of additional plant materials and irrigation system as a part of the plan check process to the Planning Division for review and approval. The landscape/irrigation plan shall include, at a minimum:
a. Type, size, name, and number of planting materials shall be suitable for the site and shall be drought tolerant (use 5-gallon shrubs/24-inch height at planting).
b. Five (5) gallon (24 -inch height at planting) and 15 -gallon (36 -inch height at planting) mature shrubs shall be provided along right-of-way and heavy foot-traffic next to sidewalks and/or walkways.
c. Use of very fine DG (decomposed granite) is prohibited. A thickness of two -inch (2”) DG cover shall be used in all the planting areas except the lawn area. Date Palms shall be included as a part of the overall landscaping design. The Date Palm trees shall be a 15-foot round brown trunk minimum at time of planting. (Planning Division)
6. The Applicant shall ensure that all shrubs shall be a minimum of 5 -gallons in size at time of planting. (Planning Division)
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7. The Applicant shall include a 3’ decorative block wall with cap and design elements from the proposed building to completely screen the redesigned main (on-site) parking lot at the corner of King Street and Bliss Avenue. (Planning Division)
8. The Applicant shall apply for and receive a business license from the City of Indio Finance Department. (Planning Division)
9. 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. (Indio Water Authority)
10. Applicant shall (Engineering Division):
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 for City approval the following items (Engineering Division):
a. Street improvement plans
b. Streetlight plans
c. Landscape and Irrigation plans
12. Applicant shall construct full off -site street improvements on the following street (Engineering Division):
a. Oasis Street, one-half street improvements (West Side) b. Bliss Avenue, one-half street improvements (North Side) c. King Street, one-half street improvements (East Side)
13. The improvements shall include construction of asphalt concrete pavement, curb/gutter, sidewalk, street lights, storm drain system (catch basins, storm drain pipe, etc.) Along the property frontages. (Engineering Division)
14. Existing pavement along the north side of Bliss Avenue, west side of Oasis Street and East side of King Street shall be gri nd to the minimum depth of two (2) inches and new pavement shall be placed from centerline to curb/gutter. (Engineering Division)
15. Existing pavement on the alley fronting the prop osed project property frontage shall be grind to the minimum depth of two (2) inches and new pavement shall be placed from Bliss Avenue to the most northern property line. (Engineering Division)
16. All off-site street improvements including energizing of street lights and installation of irrigation and landscaping along (Engineering Division):
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a. Oasis Street, Bliss Avenue, King Street and Alley shall be constructed and accepted by the City prior to issuance of a temporary or permanent certificate of occupancy.
17. Remove existing sidewalk and replace it per the Downtown Specific Plan along Oasis Street property frontage. (Engineering Division)
18. Applicant shall remove and replace the existing curb ramps at Oasis Street and Bliss Avenue, King Street and Bliss Avenue and at Alley and Bliss Avenue, to comply with American with Disabilities Act Standards. (Engineering Division)
19. Remove existing sidewalk and replace it per Downtown Specific Plan along Bliss Avenue from Oasis Street to Alley. (Engineering Division)
20. Applicant shall obtain an encroachment permi t prior to starting any street improvements within the public right-of-way. (Engineering Division)
21. Remove existing street lights along Oasis Street and Bliss Avenue and replace them per City of Indio Std Plan No’s 201,202,203 and 205 (Engineering Division)
22. The proposed driveways shall be radius driveway per City of Indio Std Plan No. 130, R=20’min (Engineering Division)
23. The proposed project shall comply with Americ an with Disabilities Act (ADA) requirements. (Engineering Division)
24. The Applicant shall ensure that the ground floor is designed so that future compliance with Americans with Disabilities Act of 1990 (ADA) for c ommercial use is not precluded.
25. Street addresses shall be shown on Precise Grading Plans. (Engineering Division)
26. All improvements shall comply with City standar ds, requirements and polici es.
Applicant is required to construct all transition and missing links between existing and proposed improvements. (Engineering Division)
27. All overhead utilities less than 92kv, located within the project bound aries, bordering the project and/or fronting the project shall be undergrounded. (Engineering Division)
28. Prior to the issuance of a Certificate of Occupancy, the applicant shall install a grease interceptor approved by the Valley Sanitary District for all proposed cooking facilities and maintain the interceptor as mandated in the District’s sewer use ordinance. (Valley Sanitary District)
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29. The Applicant shall display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in height for building(s) up to 25’ in height. Numbers and letters shall be a minimum of 24” in height for building(s) over 25’ in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible , of a contrasting color, and adequately illuminated to be visible from street at all hours. (Indio Fire Department)
30. Display boards will be as follows: Each complex shall have an illuminated diagrammatic representation of the actual layout which shows nam e of complex, all streets, building designators, unit members, and fire hydrant locations within the complex. These directories shall be a minimum 4’ x 4’ dimension and located next to roadway access. Plans must be submitted to the Fire Department for revi ew and approval prior to installation. (Indio Fire Department)
31. Approved addressing shall be provided for all new and existing buildings in such a position to be plainly visible and legible from the street or road fronting the property.
Ref CFC section 505. (Indio Fire Department)
32. Room/area occupancy load as approved by the building official shall be posted in a conspicuous place near the main exit from room(s)/area. The location shall be approved by the Fire Department. Posting shall be by means of a durable sign having a contrasting color from the background to which it is attached. Signs shall be an approved type and shall be maintained in a legible manner by the owner. No person shall deface, remove or change the occupant load on signs except as author ized by the building official. (Indio Fire Department)
33. The Applicant shall install “No Trespassing/Loitering” signs at all driveway and pedestrian entrances. The Applicant shall file, and keep on file, “No Trespass Authorizations Forms” with the Indio Police Department. (Indio Police Department)
34. The Applicant shall proactively enforce all “No Trespassing” and “No Loitering” laws and report all crimes to the Indio Police Department. (Indio Police Department)
35. The Applicant shall submit complete floor pl an of new or existing buildings and landscaping plans to Indio Police Department in high resolution, “PDF” format prior to the Certificate of Occupancy. (Indio Police Department)
36. The Applicant should be advised that landscaping can be dangerous if items are planted too close to Imperial Irrigation District’s electrical equipment. In the event of an outage, or equipment failure, it is vital that Imperial Irrigation District 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. Imperial Irrigation District landscaping guidelines are available at https://www.iid.com/energy/vegetation- management. (Imperial Irrigation District)
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37. The Applicant shall paint or otherwise treat to proposed exterior building material to minimize reflectivity. Façade materials shall be durable, and not require frequent repainting or replacement. Natural ground floor materials such as stone, brick, glass, smooth stucco, concrete and ceramic tile are re commended where pedestrians may come into direct contact with wall materials. (Planning Division)
38. The Applicant shall install metal gates for the trash enclosure(s) to match the architectural style, features, colors, and finishes as the proposed buildings. (Planning Division)
SECTION 4. The Planning Commission Secretary shall certify to the passage, approval, and adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 23rd day of September, 2020 by the following vote, to wit:
AYES: FRANZ, LOPEZ, CEJA, YSIANO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
___________________________
GLORIA R. FRANZ
PLANNING COMMISSION CHAIR
ATTEST:
________________________________
EVELYN BELTRAN
PLANNING COMMISSION SECRETARY
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDI ,
CALIFORNIA AUTHORIZING A ONE (1) YEAR EXTENSION OF THE
DESIGN REVIEW APPROVAL FROM DECEMBER 31, 202 3 TO
DECEMBER 31, 2024 FOR THE OASIS AND BLISS MIXED -USE
PROJECT ALSO KNOWN AS SKYLINE (CITY OF INDIO FILE
REFERENCE NO. DR 20-08-477) COMPRISED OF APPROXIMATELY 1.4 ACRES IDENTIFIED AS ASSESSOR'S PARCEL NUMBERS 611-164-011, 611-164-013, 611-164-014, AND 611 -164-015 LOCATED NORTH WEST OF
THE INTERSECTION OF OASIS STREET AND BLISS AVENUE
WHEREAS, the City Council adopted the Downtown Specific Plan on April 15 , 2020.
The Specific Plan covers approximately 140 acres of Downtown Indio bounded by Highway 111 on the south, Indio Boulevard on the north, Grace Street on the east and Deglet Noor Street/King Street on the west; and,
WHEREAS, on August 7, 2020, Coachella Valley Development Partners submitted a Design Review land use entitlement application (City of Indio Case File No. DR 20 -08-447) for the construction of a four (4) -story mixed use building consisting of seventy (70) market rate apartment units, tenant amenities, ground floor leasable commercial spaces and a redesigned parking area on approximately 1.4 acres at the northwest corner of Oasis Street and Bliss; and,
WHEREAS, on September 23, 2020, the Planning Commission following the close of a duly noticed public hearing and deliberation approved Resolution No. 19 57 granting conditional approval to the Design Review land use entitlement application for the Oasis and Bliss Mixed-Use Project; and,
WHEREAS, in June 2022, Versed Development Group, LLC assumed the development rights and obligations for the Oasis and Bliss Mixed-Use Project; and,
WHEREAS, on November 4, 2020, the Indio City Council passed Ordinance No. 1757 extending the expiration date of conditional use permits and design review approvals to December 31, 2023 for qualifying projects. The City Council passed this Ordinance in response to the then significant impacts resulting from the COVID-19 pandemic to the funding and construction of new development projects in the City of Indio; and,
WHEREAS, the Community Development Director has conferred with the City Attorney regarding extension requests for projects under the authority of Ordinance No. 1757. The City Attorney has advised that the City Council must take ordinance action to approve extension requests beyond the period specified in this Ordinance; and,
WHEREAS, on September 19, 2023, Canopy LP submitted a written request for a one (1) year extension of Citrus Plaza II - Planning Area 2 (DR 21-04-488); and,
WHEREAS, Versed Development Group, LLC identified that delays in starting and completing the project are a result from financing and related components included
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 345 of 417 2 interest rates, loan to costs ratio, loan origination fee and appraisal value and that the requested extension will grant it the opportunity to pursue private financing for the project, find a local appraiser that can appraise property to its true value of original appraisal, and allow the financial markets to return to representative figures of the project offering proforma.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. The City Council finds and determines that t he extension request is consistent with the City of Indio General Plan 2040 as said request will support the City’s economic development by providing additional time for development planning for the subject site that was impacted by external market forces resulting from financing and related components included interest rates, loan to costs ratio, loan origination fee and appraisal value as specified by the authorized representative for Versed Development Group, LLC. Therefore, the City Council finds that the one (1) -year extension request is consistent with the goals, objectives, and policies of the General Plan 2040.
Section 3. The current extension request was previously covered under the provisions of Ordinance No. 1757 as the Design Review approval by the Indio Planning Commission on September 23, 2020 was within the nature and timeframe of the project approvals, the project approval had not expired as of 30 days from the date of the final passage of Ordinance No. 1757 and the subject site has been maintained in accordance with Chapters 95A and 950 of the Indio Municipal Code and all fees applicable to the site's development have been paid.
Section 4. The City Council finds that adoption of this extension request is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because this action will not have the potential for causing a significant effect on the environment as the ordinance only extends the expiration of a previously approved land use entitlement that was previously analyzed in conformance with CEQA.
Section 5. The City Council hereby approves a one (1) year extension of the conditional approval of the Oasis and Bliss Mixed-Use Project also known as Skyline (DR 20-08-477).
Ordinance No. 1803: Request by Versed Development Group, LLC for a One (... Page 346 of 417 3 Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this uncodified ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this uncodified ordinance . The City Council hereby declares that it would have passed this uncodified ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 7. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED and ADOPTED this 20th day of December 2023.
___________________________
LUPE RAMOS AMITH
MAYOR
ATTEST:
__________________________________
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
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City Council
December 20, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Extension of Design Review Approval for the Indio Medical Office Building Project (City of Indio Case File No. DR 20-02-471) located at the northwest corner of the intersection of Cheyenne Street and Buffalo Trail comprised of Assessor Parcel Number 616-160-036
RECOMMENDATION:
Approve request by Indio M.O.B., LLC for a One (1) Year Extension of Design Review Approval for the Indio Medical Office Building Project (City of Indio Case File No. DR 20-02-471)
SUMMARY:
Request by Indio M.O.B., LLC for a One (1) Year Extension of Design Review Approval for the Indio Medical Office Building Project (City of Indio Case File No. DR 20-02-471)
BACKGROUND INFORMATION:
On March 16, 2020, Indio M.O.B., LLC c/o of Warren Owens submitted a Design Review land use entitlement application (City of Indio File No. DR 20-02-471) for the construction of a two (2) story/49,990 square foot medical office building on approximately 3.98 acres at the northwest corner of Cheyenne Road and Buffalo Trail. The project site is comprised of one (1) parcel of land identified as Assessor's Parcel Number 616-160-036. On February 24, 2021, the Planning Commission following the close of a duly noticed public hearing and deliberation approved Resolution No. 1945 granting conditional approval to the Design Review land use entitlement application for the Indio Medical Office Building Project.
On November 4, 2020, the Indio City Council passed Ordinance No. 1757 extending the expiration date of conditional use permits and design review approvals to December 31, 2023 for qualifying projects. The City Council passed this Ordinance in response to the then significant impacts resulting from the COVID-19 pandemic to the funding and construction of new development projects in the City of Indio. The Community Development Director has conferred with the City Attorney regarding extension requests for projects under the authority of Ordinance No. 1757. The City Attorney has advised that the City Council must take ordinance action to approve extension requests beyond the period specified in this Ordinance.
On December 11, 2023, Indio M.O.B., LLC submitted an application inclusive of the required fee requesting a one (1) year extension of the conditional approval of the Design Review land use AGENDA ITEM #11.3
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 349 of 417 entitlement (DR 20-02-471) for the Indio Medical Office Building Project. Indio M.O.B., LLC identified that delays in starting and completing the project are a result of the aftereffects of the COVID-19 pandemic. More specifically, Indio M.O.B, LLC has identified that the pandemic made major changes to the medical practices of the tenants that it had been working with that caused temporary and permanent delays in medical office space needs and that it is only recently have the doctors and the managers of the medical practices have been willing and able to make strategic decisions that has led to renewed in practice expansions and has resulted in the recent signing of leases at the project.
ATTACHMENTS:
Attachment1_OrdinanceNo1804_IndioMedicalOfficeBuilding_DR1YearExtension Attachment2_IndioMOBLLC_DesignReviewExtensionRequest
Attachment3_ProjectLocationMap
Attachment4_Indemnification Agreement 2023
Attachment5_PlanningCommissionResolutionNo1945_IndioMedicalOfficeBuilding Attachment6_ProjectSitePlan
Attachment7_ProjectElevations
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 12 Dec 2023 Steven Graham, City Attorney Approved - 14 Dec 2023
Javier Estrada, Senior Accountant Approved - 14 Dec 2023 Bryan H. Montgomery, City Manager Approved - 14 Dec 2023
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 350 of 417 1 ORDINANCE NO. 1804
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO , CALIFORNIA AUTHORIZING A ONE (1) YEAR EXTENSION OF THE
DESIGN REVIEW APPROVAL FROM DECEMBER 31, 202 3 TO
DECEMBER 31, 2024 FOR THE INDIO M EDICAL OFFICE BUIL DING PROJECT ( CITY OF INDIO FILE REFERENCE NO. DR 20-02-471) COMPRISED OF APPROXIMATELY 3.98 ACRES IDENTIFIED AS
ASSESSOR'S PARCEL NUMBER 616-160-036 LOCATED NORTHWEST
OF THE INTERSECTION OF CHEYENNE ROAD AND BUFFALO TRAIL
WHEREAS, on March 16, 2020, Indio M.O.B., LLC c /o Warren Ow ens submitted a Design Review land use entitlement application (City of Indio Case File No. DR 20 -02-471) for the construction of a two (2) story /49,990 s quare foo t medical office building on approximately 3.98 acres at the northwest corner of Cheyenne Road and Buffalo Trail; and,
WHEREAS, on February 24, 2021, the Planning Commission following the close of a duly noticed public hearing and deliberation approved Resolution No. 19 45 granting conditional approval to the Design Review land use entitlement application for the Indio Medical Office Building Project; and,
WHEREAS, on November 4, 2020, the Indio City Council passed Ordinance No. 1757 extending the expiration date of conditional use permits and design review approvals to December 31, 2023 for qualifying projects. The City Council passed this Ordinance in response to the then significant impacts resulting from the COVID-19 pandemic to the funding and construction of new development projects in the City of Indio; and,
WHEREAS, the Community Development Director has conferred with the City Attorney regarding extension requests for projects under the authority of Ordinance No. 1757. The City Attorney has advised that the City Council must take ordinance action to approve extension requests beyond the period specified in this Ordinance; and,
WHEREAS, on December 11, 2023, Indio M.O.B., LLC submitted an application inclusive of the required fee requesting a one (1) year extension of the conditional approval of the Design Review land use entitlement (DR 20-02-471) for the Indio M edical Office Building Project; and,
WHEREAS, Indio M.O.B. , LLC identified that delays in starting and completing the project are a result of t he aftereffects of the COVID-19 pandemic. More specifically, Indio M.O.B, LLC has identified that the pandemic made major changes to the medical practices of the tenants that it had been working with that caused temporary and permanent de lays in medical office space needs and that it is only recently have the doctors and the managers of the medical practices have been willing and able to make strategic decisions that has led to renewed in practice expansions and has resulted in the recent signing of leases at the project.
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 351 of 417 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. The City Council finds and determines that t he extension request is consistent with the City of Indio General Plan 2040 as said request will support the City’s economic development by providing additional time for development planning and building, fire and engineering reviews for the subject site that was impacted by external market forces resulting from the impacts of the C OVID-19 pandemic. Therefore, the City Council finds that the one (1)-year extension request is consistent with the goals, objectives, and policies of the General Plan 2040.
Section 3. The current extension request was previously covered under the provisions of Ordinance No. 1757 as the Design Review approval by the Indio Planning Commission on September 23, 2020 was within the nature and timeframe of the project approvals, the project approval had not expired as of 30 days from the date of the final passage of Ordinance No. 1757 and the subject site has been maintained in accordance with Chapters 95A and 950 of the Indio Municipal Code and all fees applicable to the site's development have been paid.
Section 4. The City Council finds that adoption of this extension request is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because this action will not have the potential for causing a significant effect on the environment as the ordinance only extends the expiration of a previously approved land use entitlement that was previously analyzed in conformance with CEQA.
Section 5. The City Council hereby approves a one (1) year extension of the conditional approval of the Indio Medical Office Building Project (DR 20-02-471).
Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this uncodified ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this uncodified ordinance . The City Council hereby declares that it would have passed this uncodified ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 352 of 417 3 Section 7. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED and ADOPTED this 20th day of December 2023.
___________________________
LUPE RAMOS AMITH
MAYOR
ATTEST:
__________________________________
SABDI SANCHEZ, CMC
CITY CLERK ADMINISTRATOR
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 353 of 417 December 11, 2023
Indio City Council
100 Civic Center Mall
Indio, CA 92201
Indio M.O.B., LLC
3900 Sherman Dr., Suite 120
Riverside, CA 92503
714-981-2194
[email protected]
RE: Extension request for Design Review 20-02-471. Two Story Medical Office Building to be built on Northwest Corner of Cheyenne Road and Buffalo Trail (APN: 616-160-036) City Council,
Please accept this letter as a formal request for a one-year extension of the Design Review referred to above.
The project was delayed by the aftereffects of the Covid pandemic. The pandemic made major changes to the medical practices of the tenants we have been working with. Meetings between patients and doctors were moved to video conferencing which caused a major disruption in the way medicine is practiced. The owners of the medical practices spent a long period of time reviewing their business plans and how it would affect their need for additional office space, since less patients were being seen in person. That trend has been dwindling as the pandemic gets further and further away from us and we slowly return to normal practices.
Once the trends were analyzed, the doctors and the managers of the practices were able to make strategic decisions once again that moved them towards renewing their interest in expanding their practices. We now have the leases needed to make the project viable.
We took a gamble during the period the doctors were not able to make a decision, and we paid $600,000.00 for all of the rest of the architecture, structural engineering, Civil engineering, MEP engineering and landscape engineering.
This project will bring over 120 high-paying medical jobs to the City of Indio. In addition, it will bring medical specialties to enhance the medical services being provided in Indio and the surrounding communities.
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 354 of 417 lf our request is granted, we are ready to submit the complete set of construction drawings for plan check and to pursue the development of this project in a timely manner. We have submitted the paperwork requested by the Community Development Director and paid the required fees.
I am ready to answer any questions you may have in regard to this request for extension.
Thank you for your consideration of our request.
Sincerely,
il-r-
Warren L. Owens
lndio M.O.B., LLC
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Design Review 20-02-471
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 357 of 417 3DJH_2
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Warren Owens
12/12/2023
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 358 of 417 RESOLUTION NO. 1945
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIO CONDITIONALLY APPROVING DESIGN REVIEW 20-02-471 TO CONSTRUCT A TWO STORY MEDICAL OFFICE BUILDING TOTALING 4 9,990 SQUARE FEET WI TH PARKING ON A 3.98 ACRES (APN: 616-160-036), LOCATED NORTHWEST CORNER
OF CHEYENNE ROAD AND BUFFALO TRAIL AND D ETERMINING THAT THE
PROJECT IS EXEMPT FR OM THE CALIFORNIA EN VIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO C EQA GUIDELINES SECTI ON 15332 (IN -FILL
DEVELOPMENT PROJECTS)
WHEREAS, on March 16, 2020, Warren Owens (“Applicant”) applied for Design Review 20-02-471 for the construction of a two story medical office totaling 49,990 square feet, Indio Medical Office (“Project”) on an approximately 3.98 acre lot located northwest corner of Cheyenne Roa d and Buffalo Trail (Assessor Parcel Number 616 -160-036) (“Project Site”); and,
WHEREAS, a notice of a public hearing was conducted in accordance with Section 159.905 of the Indio Municipal Code inclusive of the publication on January 2, 2021 of a legal public hearing notice were 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 300 feet of the subject properties on December 29, 2020 and,
WHEREAS, the City of Indio Community Development Department and other internal and external review agencies conducted a technical analysis of the Project addressing compliance to relevant Chapters, Sections and standards and regulations of the Indio Municipal Code, Indio Zonin g Code, adopted International Codes as well as other adopted standards and regulations and issued a staff report and recommendations dated January 8, 2021; and,
WHEREAS, on January 13, 2021 , the Planning Commission held a duly noticed public hearing to co nsider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing. At the conclusion of the public hearing, the Planning Commission continued the hearing to a date certain of February 24, 2021 for the Applicant to work on the project’s exterior building facade details; and,
WHEREAS, on February 24, 2021, the Planning Commission held a duly noticed public hearing to consider the application for the Project during which evidence, both written and oral, including the staff report and supporting documents was presented at said hearing. At the conclusion of the public hearing, the Planning Commission adopted this Resolution approving Design Review 20 -02-471, conditioned with the motion vote outcome specified in the meeting minutes for the February 24, 2021 Planning Commission meeting.
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 359 of 417
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS:
SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct.
SECTION 2. Based upon the evidence presented at the hearing, including the staff report, the Planning Commission hereby finds:
A. The proposed project has been reviewed pursuant to the requirements of California Environmental Quality Act ( CEQA) and the State CEQA Guid elines. The Project is exempt from CEQA pursuant Guidelines Section 15332, In-Fill Development Projects, because (a) the project is consistent with the Indio 2040 General Plan Mixed Use Neighborhood land use designation and all applicable General Plan policies as well as with applicable Commercial Office zoning designation and regulations; (b) the proposed project occurs within the City limits on a project site totaling 3.98 acres, less than 5 acres, and is substantially surrounded by urban uses including but not limited to existing commercial buildings ; (c) the project site has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the project site can be adequately served by all required utilities and public services. The Planning Commission, based on the staff report and materials and testimony presented during the hearing, based on its own independent judgement, hereby finds that no further environmental review is required because the project is exempt from CEQA pursuant to CEQA Guidelines Section 15332.
B. The proposed project is within the Mixed Use Neighborhood (MUN) land use designation pursuant to the 2040 General Plan adopted September 18, 2019. Per the MUN designation allowable primary use of single-family and multi -family residential uses, parks and recreation, mixed use (retail/office, retail/residential, office/residential, and neighborhood -serving retai l, general commercial, services, entertainment, live/work, and office. The proposed project is a medical office, which is an allowable primary use under the MUN land use designation. In addition, Policy LU-1.3 of General Plan 2040 states: “Contiguous 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 proposed medical office is within close proximity to existing development, medical offices are to the north and east across of Cheyenne Road. It is in close proximity to the JFK Memorial Hospital. The proposed Project will increase service capacity, provide greater community access to necessary healthcare services, improves the quality of life, and reduce the delay for service or the need for residents to seek the same service from facilities outside of Indio . Furthermore, the medical office is specified as a permitted use under the Commercial Office zoning designation and as a primary use within the MUN General Plan land use designation. Therefore, the Project complies with the goals, objectives, and policies of the City’s General Plan 2040 and Commercial Office zoning designation.
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 360 of 417
C. The project site is located within the Commercial Office (CO) Zoning District. The purpose of the Commercial Office zoning district is to promote the development of professional offices and directly related commercial services. The allowed uses under the Commercial Office zoning district include but are not limited to: (i) medical offices or clinics and (ii) administrative, business or professional offices. The location of the proposed medical office is a permitted use and therefore is in accord with the objectives and purposes of Title XV of the Indio Municipal Code and Section 159.267 et seq.
D. The zoning regulations of the City are adopted to protect, promote and enhance the public health, safety and general welfare. The recommended conditions of approval require development in accordance with approved site plan, elevations, floor plan and landscape plan, which allows the City to protect and promote the public health, safety and general welfare by reviewing all proposals and regulating approval. All structures, landscaping, sidewalks, parking lot surfacing, and all other improvements within the Project will be required as a condition of approval to be continually maintained in good condition and repair including the replacement of all dead or dying landscape material with new landscape material. In addition, handicapped parking spaces are required for common parking areas, a security plan must be submitted and approved by the City and an approved fire sprinkler system is required. Furthermore, the overall access and cir culation of the subject site and building addition has been reviewed and approved by the City’s Consulting Traffic Engineer and Indio Fire Department. The Applicant will also be conditioned to provide a water system capable of delivering enough water for the Fire Department’s use in an emergency. These conditions and others protect the public health, safety and general welfare. Pursuant to Section 159.730 of the Indio Municipal Code, approved design reviews are valid for two (2) years and shall otherwise au tomatically expire (unless extended), which ensures timely oversight of public health, safety or welfare concerns
E. The Project complies with each of the applicable provisions of Title XV of the Indio Municipal Code and Section 159.272 et seq. including the development standards and applicable regulations therein, such as the height, setback, parking and landscaping requirements. The Applicant is not requesting approval of any variances or adjustments as part of the proposed entitlements. The specific improvements related to the proposed Project will be reviewed and approved by the City staff and outside agencies during the plan check and building permit process.
SECTION 3. Based on the foregoing, the Planning Commission hereby conditionally approves Desig n Review 20-02-471 with the following conditions of approval. The Applicant shall demonstrate compliance to ALL conditions of approva l, listed in Resolution No. 1945. Failure to demonstrate compliance to these conditions of approval may result in the delay of the project or the rescinding of the City of Indio’s conditional project approval. It is the Applicant’s or Applicant’s successor in interest responsibility to ful ly comply with the conditions of approval, unless subsequently modified in accordance with the City’s required processes and procedures.
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 361 of 417 A. General Conditions of Approval
The Applicant shall demonstrate full compliance to the following conditions of approv al.
The relevant City department or division or outside agency is noted in parentheses in the event that there are questions or additional information needed regarding a condition of approval. These conditions, as applicable and when necessary, shall be co mplied with no later than the issuance of Certificate of Occupancy, unless otherwise specified:
1. Where the term “Applicant” is used herein, this term shall apply also to the Property owner, any developer, or any successor in interest of the Applicant.
2. The Design Review 20-02-471 approval granted by this Resolution shall be valid until December 31, 2023 from Planning Commission the date of approval; unless prior to the expiration on December 31, 2023, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is required; otherwise, this permit will automatically expire unless an extension of time has been granted as specified in Section 159.730 of the City of Indio Municipal Code. For approvals where construction may take longer than beyond December 31, 2023, the approval shall be automatically be extended in 12-month increments provided valid building permits are in effect. If construction has ceased for a period of more than 12 months and no valid building permits are in effect, the approval shall be considered expired. Prior to the expiration of the permit, the applicant may request a 12-month time extension by filing an application w ith the Planning Commission. The Indio City Council adopted Ordinance No. 1757 on November 4, 2020 which is a City initiated uncodified ordinance to extend the expiration date of certain condition use permits and design review approvals through December 31, 2023. (Planning Division)
3. In the event of any court action or proceeding challenging the approval of this resolution or otherwise challenging the approval of Design Review 20 -02-471 or the environmental determination conducted in conjunction with this conditional use permit, the Applicant shall defend, at its own expense, the action or proceeding. In addition, the Applicant shall reimburse the City for the City's cost of defending any such court action or proceeding. The Applicant shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In the event the Applicant fails or refuses to reimburse the City for its cost to defend any challenge, the City shall have the right, among other remedies, to revoke this approval. In order to ensure compliance with this condition, within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul the approval of this conditional use permit, the Applicant shall deposit with the City cash or other security in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition . If the City is required DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 362 of 417 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. The City shall promptly notify the Applicant of any claim, action or proceeding within the scope of this condition. (Planning Division)
4. The Applicant shall, within 15 days after approval of this Resolution, submit to the Community Development Director its written consent to all of the conditions of approval contained in this Resolution without amendment. (Planning Division)
5. The Applicant shall deliver to the Community Development Department a cashier’s check, money order or other acceptable form of payment made payable to the City of Indio in the amount of $50.00 to cover the County administrative fee to enable the City of Indio to file the CEQA Notice of Exemption pursuant to CEQA Guidelines Section 15062. (Planning Division).
6. The Applicant shall utilize the paint selecti on from those colored elevation originally submitted and presented on the January 13, 2021 Planning Commission meeting with earth tone colors without the incorporation of the yellow color. (Planning Commission)
7. The Applicant shall ensure that all development shall occur substantially as shown on the updated site plan, floor plan , elevations, and landscape plans, and as mo dified herein (see Attachment B of the Memo dated February 19, 2021). (Planning Division)
8. All parking lot landscaping shall be maintain ed in perpetuity, with all maintenance to include, but be limited to, irrigation corrections, fertilization, and pruning and staking.
All maintenance shall be performed with the overall goal of providing maximum plant health with minimum damage to hardscap e, vehicles and persons. Pursuant to Section 159.653(F)(5) of the Indio Municipal Code, all significantly injured, decayed or dead trees and other plant material must be replaced within thirty (30) calendar days. (Planning Division)
9. The Applicant shall co mplete/enclose the parapet returns around the building. (Planning Commission)
10. The Applicant shall comply with the latest adopted edition of the following codes as applicable: (Building and Safety Division)
a. California Building Code
b. California Residential Code
c. California Electrical Code
d. California Mechanical Code
e. California Plumbing Code
f. California Energy Code
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 363 of 417 g. California Fire Code
h. California Green Building Standards Code
11. The Applicant shall install automatic fire suppression systems in all n ew 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. (Building and Safety Division)
12. The Applicant shall satisfy the requirements of the Air Quality Management District prior to the issuance of any permit if dusts and/or pollutants will be discharged into the atmosphere. (Building and Safety Division)
13. The Applicant shall com ply with the City Code with any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project. (Building and Safety Division)
14. The Applicant shall design and construct all perimeter/boundary walls 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 constructio n by the Building Official on a case by case basis for extenuating circumstances. (Building and Safety Division)
15. The Applicant shall ensure that 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. (Building and Safety Division)
16. The Applicant shall record the Tract or Parcel map shal l record prior to the issuance of any permits. (Building and Safety Division)
17. The Applicant shall be aware that permits are required prior to the removal and/or demolition of structures. (Building and Safety Division)
18. The Applicant shall seek approval from Building & Safety, approval is required from the County of Riverside, Department of Public Health for public swimming pools and spas and for occupancies involving foods and beverages. (Building and Safety Division)
19. The site, or a portion of the site, is located in a flood hazard area. Justification that the proposed development does not adversely affect the location or carrying capacity of the floodway, nor does it adversely affect upstream or downstream sites shall be provided to Building & Safety. Additionally, all development shall comply with Chapter 153: FLOODPLAIN MANAGEMENT of the Code of the City of Indio and all requisite provisions must be taken to protect the site from flood damage. (Building and Safety Division)
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 364 of 417
20. The Applicant shall ensure that all exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties. (Building and Safety Division)
21. The Applicant is r equired to provide the building its own domestic water meter with back flow assembly. (Indio Water Authority)
22. The site has an existing 1” Irrigation service lateral (for meter with backflow to be installed by contractor) - Submit final landscape plans to IWA for review and to determine if size is adequate. (Indio Water Authority)
23. The Applicant is required to provide all new polymer meter boxes per IWA standards. (Indio Water Authority)
24. The Applicant shall submitted the required Water improvement plans. (Indio Water Authority)
25. The Applicant shall complete the Landscape Documentation Package in accordance with the Water Efficient Landscape Development Sta ndards Ordinance No. 1684. (Indio Water Authority)
26. The Applicant shall reserve a 6 -inch by 3 -inch space for an IWA signature block in lower right corner of the cover shee t and on all of the landscape, irrigation design/detail/ specification sheets. (Indio Water Authority)
27. Approved accessible on-site fire hydrants shall be located not to exceed 350 feet apart in any direction as measured by an approved route around the com plex, exterior of the facility or building and Appendix C. Fire hydrants shall provide the required fire flow. (Fire Department)
28. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on the property/lot. (Fire Department)
29. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy. (Fire Department)
30. The installation of the onsite water system shall comply with all requirements of NFPA 24 and the California Fire Code 2019 edition and City of Indio Water Standard and drawings. (Fire Department)
31. Super fire hydrant required (6” X 4” X 2 ½” X 2 ½ “). The valve stem of the 4” discharge shall be a minimum 18” above final grade, which means hydrant screw plate shall be above final grade. (Fire Department)
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
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32. Applicant/developer shall mount blue retro reflective pavement markers on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, the Indio Fire Services must approve placement of markers. (Fire Department)
33. Access lanes will not have an up, or downgrade of more than 12%. (access will not be less than 24’ in width.) and will have an unobstructed vertical clearance not less than 13’6”. Access lanes will be designed to withstand the weight of eighty thousan d (60,000) pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. Streets shall be constructed in accordance with Indio City Street Standards. (Fire Department)
34. The Applicant shall provide motorized gates with means to be automatically opened remotely by emergency vehicles in accordance with Riverside County Fire Department standards. (Fire Department)
35. Gate(s) shall be at a minimum 20 feet wide and power controlled or manual and gate access shall be equipped with a rapid entry system approved by the Fire Department.
Plans shall be submitted to the Fire Department for review/approval prior to installation. Power controlled gates shall be equipped with emergency backup power and designed to be easily opened in the event of a power failure. Non -powered type gates shall have a means of emergency access approved by the Fire Department.
Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Required order forms shall be obtained from Fire Department. Ref ICC Chapter 93, section 93.07 (A). (Fire Department)
36. If no gates are to be installed on project site, the following statement shall be on plans, “NO GATES WILL BE INSTALLED TO RESTRICT THE FLOW OF TRAFFIC”. (Fire Department)
37. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The appl icant or developer shall prepare and submit to the Fire Department for approval; a site plan designating required fire lanes with appropriate lane printing and/or signs. Required identification standard/guidelines handout shall be obtained from the Indio F ire Prevention Bureau. (Fire Department)
38. Fire apparatus access shall be provided when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured b y an approved route around the exterior of the building or facility. (Fire Department)
39. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 366 of 417 building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. (Fire Department)
40. Install a complete commercial fire sprinkler system (per NFPA 13). Fire sprinkler system(s) with pipe sizes in excess of 4” in diameter will require the Project Structural Engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and Fire Department connection shall be located to the front, within 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Contact Fire Department for guideline handout. (Fire Department)
41. If the building is equipped with a fire alarm system or burglar alarm, the lock boxes will require tamper monitoring. (Fire Department)
42. The Applicant/developer shall be responsible to install a U. L. Central Station Monitored Fire Alarm System, per NFPA 72. Monitoring system shall monitor the fire sprinkler system(s) water flow, P. I. V. ‘s and all control valves. Plans must be submitted with current permit fee to the Fire Department for review and approval prior to installation. (Fire Department)
43. The Applicant/developer shall be responsible to install a manual Fire Alarm System, per NFPA 7 2. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. (Fire Department)
44. The Applicant shall comply with Chapter 4, Emergency Planning & Preparedness of the 2019 California Fire Code. (Fire Department)
45. Conditions subject to change with adoption of new codes, ordinances, or when buildings permits are not obtained within twelve (12) months. (Fire Department)
46. Final conditions will be addressed when complete building plans are reviewed.
Additional requirements maybe required based on future plan submittals. (Fire Department)
47. Access shall be provided to all mechanical equipment located on the roof as required by the Mechanical Code. (Fire Department)
48. Generally, the sewer main lateral and con nection 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. (Valley Sanitary District).
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
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49. The proposed project will c omply with all Valley Sanitary District and other agency standards and requirements. (Valley Sanitary District)
50. The proposed project will be subject to all terms and conditions of the State of California mandated pre-treatment regulations. (Valley Sanitary District)
51. 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. (Valley Sanitary District)
52. Imperial Irrigation District (IID) will not begin any studies, engineering or estimate costs to provide electrical service to the project until the applicant submits a customer project application (available at http:// www.iid.com/home/showdocument?id=12923, detailed loading information, panel sizes, project schedule and estimated in -service date. Applicant shall bear all costs associated with providing electrical service to the project, including but not limited to the construction of any additional facilities needed to extend electrical service to the proposed development such as backbone feeders, distribution overhead and/or underground line extensions, the re -configuration of distribution circuits, transmission line e xtensions or other upgrades as well as applicable permits, zoning changes, landscaping (if required by the City) and rights - of-way and easements. (Imperial Irrigation District)
53. Underground infrastructure that includes trenching , conduits, pull boxes, switch boxes and pads shall be installed following IID approved plans. Physical field installation of underground infrastructures shall be verified and approved by an IID inspector prior to cable installation as per IID Developer's Guide (available at the dis trict website. https://www.iid.com/home/showdocument?id=14229 (Imperial Irrigation District)
54. It is important to note that IID's policy is to extend its electrical facilities only to those developments that have obtained the approval of a city or county planning commission and such other governmental authority or decision -making body having jurisdiction over said developments. (Imperial Irrigation District)
55. The applicant will be required to provide rights -of-way and easements for any power line extension s and overhead or underground infrastructure needed to serve the project. (Imperial Irrigation District)
56. Line extensions are made in accordance with IID Regulations: (Imperial Irrigation District)
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/showdocumetn?id=2560 and No. 23 (https://www.iid.com/home/showdocument?id=17897).
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
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57. Any construction or operation on IID property or within its existing and proposed right of way or easements including but not limited to: surface impr ovements 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 http://www.iid.com/departments/real-estate. The IID Real Estate Section should be contacted at (760) 339-9239 for additional information regarding encroachment permits or agreements. (Imperial Irrigation District)
58. Relocation of existing IID facilities to accommodate the project and/or to accommodate street widening improvements imposed by the City will be deemed project-driven and all costs, as well as securing of rights of way and easements for relocated facilities, shall be borne by the applicant. (Imperial Irrigation District)
59. 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 distribution lines, etc.) need to be included as part of the project's CEQA and/or 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. (Imperial Irrigation District)
60. The Applicant should be advised that landscaping can be dangerous if items are planted too close to 11D's electrical equipment. In the event of an outage, or equipment failure, it is vital that 11D 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. 11D landscaping guidelines are available at https://www.iid.com/energy/vegetation- management. (Imperial Irrigation District)
B. Prior to Issuance of Building Permit:
During or prior to issuance of a building permit, the Applicant shall demonstrate full compliance to the following conditions of approval. The relevant City department or division or outside agency is noted in parentheses in the event that there are questi ons or additional information needed regarding a condition of approval:
1. A complete lighting plan shall be submitted to, and approved by, the Indio Police Department. This plan must address all areas around the location and must prevent any dark areas or pl aces where people can hide prior to a Building Permit. On -site light standards shall not exceed 24 feet in height. (Indio Police Department)
2. The Applicant (as applicable) shall be complete and/or submit to Building & Safety prior to the issuance of building permits for this project: (Building and Safety Division) DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 369 of 417 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
3. 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) inter -mixing in the event of an accident or spill. (Building and Safety Division)
4. All Conditions of Approval shall be provided on a full -size sheet as part of the construction plan set. All notes and specifications as shown on the plans shall be considered Conditions of Approval. If there is a conflict between the approved plans and the Conditions of Approval, the Conditions of A pproval shall prevail. (Planning Division)
5. The Applicant shall include a blue -line sheet(s) showing all conditions of approval contained herein within the building construction plans. (Planning Division)
6. The Applicant/developer shall coordinate with IWA staff and all applicable fees, forms and agreements shall be addressed. (Indio Water Authority)
7. The Applicant shall provide or show there exists a water system capable of delivering a fire flow of 3,250 gallons per minute for four hours duration at 20 -psi residual operating pressure, which must be available before any combustible material is placed on the construction site. The above fire flow gallons per minute (gpm) is based on type V-B construction and includes a 50% reduction/credit, provided a fire sp rinkler system is installed. Due to construction type and sprinkler credits, additional and/or less fire flow capabilities may be changed, but this will be determined and based on future building plans. (Fire Department)
8. Prior to building plan approval and construction, the applicant/developer shall furnish one copy of the water system fire hydrant plans to Indio Fire Services for review and approval. Plans shall be signed by a registered civil engineer, and shall conform 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. (Fire Department)
9. Prior to issuance of building permits, the applicant shall provide t he water system for fire protection as approved by Indio Fire Services and the local water authority. A fire flow verification test shall be obtained from the local water purveyor and submitted to DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 370 of 417 the Indio Fire Prevention Bureau for approval prior to any combustible material placed on the property/lot. (Fire Department)
10. Shell building will receive a shell final only. No certificate of occupancy (human occupant and/or materials) will be issued until the building occupant has been identified with their occupancy classification and have been conditioned by the Indio Fire Prevention Department. (Fire Department)
11. Conditions subject to change with adoption of new codes, ordinances, or when buildings permits are not obtained within twelve (12) months. (Fire Department)
12. Final conditions will be addressed when complete buildings plans are reviewed. (Fire Department)
13. Nothing in our review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to field inspection. All questions regarding the meaning of the code requirements should be referred to the Fire Prevention Bureau at 760-347-0756. (Fire Department)
14. Prior to the iss uance of a Building Perm it the applicant shall provide Valley Sanitary District with both civil and architectural drawings of the building and site improvements for review and approval. (Valley Sanitary District)
15. Valley Sanitary District 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. (Valley Sanitary District)
C. Prior to Issuance of Grading Permit
Prior to issuance of a grading permit, the Applicant shall demonstrate full compliance to 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
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 371 of 417 *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. (Engineering Division)
2. The Applicant shall submit PM10 implementation plans for City Engineer or designee approval. (Engineering Division)
3. Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit. (Engineering Division)
4. The Applicant shall submit for City approval the following items (Engineering Division):
a. Precise grading plans – shall include the street address for each lot building foot print
b. Soils report
c. Revised Hydrology Report
5. Retaining walls shall be required at elevational differences greater than 12 inches between lots throughout the project and in relation to adjacent boundary properties (if applicable) unless otherwise approved by the City Engineer. (Engineering Division)
6. The Applicant shall use Riverside County Flood Control District standards and submit local on-site and regional hydrology, hydraulic storm calculations for City review and approval. (Engineering Division)
7. The Applicant shall pro vide 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 a 100 -year storm event of 24 -hour duration and shall completely drain/percolate any storm e vent within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin 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 wel l blow -off water. (Engineering Division)
8. The design of the lot pads, street improvements and the storm drainage improvements shall be design coordinated with all adjacent projects to the satisfaction of the City Engineer. (Engineering Division)
9. All gradi ng and pad elevations will be subject to approval of the Director of Development Services and the City Engineer based on grading plans and additional DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 372 of 417 information to be submitted during plan check. Pad elevations shown on the tentative map are for reference only and may be required to be changed. (Engineering Division)
D. During or Prior to Construction:
During or prior to construction, the Applicant shall demonstrate full compliance to the following conditions of approval.
1. The Applicant shall ensure that 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. (Valley Sanitary District)
2. During the construction of this project, the site address shall be clearly posted at the job site entrance. This will enable incoming emergency equipment and the inspectors to locate the job site from the assigned street location. Numbers shall be a minimu m of 24 inches in height. Fire safety during construction shall be in accordance with California Fire Code Chapter 33. (Fire Department)
E. Prior to Issuance of Certificate of Occupancy:
Prior to issuance of a certificate of occupancy, the Applicant shall demonstrate full compliance to the following conditions of approval. The relevant City department or division or outside agency is noted in parentheses in the event that there are questions or additional information needed regarding a condition of approval:
1. The Applicant shall install landscaping and an automatic irrigation system for the entire site prior to the final Occupancy Permit. The irrigation system shall be an automatic system with an irrigation timer and two drip or bubbler heads per tree to produce deep root irrigation. Any changes or modifications to the landscaping plan during the Design Review process shall be addressed during the plan check process.(Planning Division)
2. All signage for the Property shall comply with all standards and regulations of Chapter 150 (Billboards and Signs) of the Indio Municipal Code. (Planning Division)
3. The Applicant shall ensure that any roof -mounted mechanical equipment shall be screened from view of the adjacent properties and City streets by a parapet wall high enough to screen the highest piece of equipment and around the entire perimeter of the building. The Applicant shall also screen all ground mounted mechanical equipment from view from City streets and adjacent properties by a wall/fence or landscaping. (Planning Division)
4. A minimum of 15 percent of the total off-street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, other plant material and hardscape material. A minimum of one-third (1/3) of the required landscaping shall be distributed within the interior of the parking facility and the remaining two -thirds (2/3) of the required landscaping shall be provided as peripheral planting on the exterior edges of the parking area. (Planning Division)
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
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5. The Applicant shall provide a final landscape/irrigation plan with a variety of additional plant materials and irrigation system as a part of the plan check process to the Planning Division for review and approval. The said plan shall include:
a. Type, size, name, and number of planting materials shall be suitable for the site and shall be drought tolerant (use 5-gallon shrubs/24-inch height at planting). b. Five (5) gallon (24 -inch height at planting) and 15 gallon (36 -inch height at planting) mature shrubs shall be provided along rig ht-of-way and heavy foot - traffic next to sidewalks and/or walkways.
c. Use of very fine DG (decomposed granite) is prohibited. A thickness of two - inch (2”) DG cover shall be used in all the planting areas except the lawn area.
Date Palms shall be included as a part of the overall landscaping design. The Date Palm trees shall be a 15 foot round brown trunk minimum at time of planting.
d. The Applicant shall ensure that all shrubs shall be a minimum of 5 -gallons in size at time of planting.
6. The Applicant shall apply for and receive a business license from the City of Indio Finance Department.
7. 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. (Indio Water Authority)
8. 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 Conservation and Outreach Coordinator. (Indio Water Authority)
9. Applicant shall (Engineering Division):
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 projec t to an approved disposal site. The Applicant shall submit landscape and irrigation plans for City approval (Engineering Division).
10. The Applicant shall submit landscape and irrigation plans for City approval (Engineering Division).
11. The Applicant shall submit City approval the following items (Engineering Division):
a. Street improvement plan
b. Streetlight plans
c. Landscaping and Irrigation plans
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
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12. The Applicant shall construct full off-site street improvements on the following streets (Engineering Division):
a. JFK Court, one-half street improvements (North side) b. Cheyenne Road , one-half street improvements (West side)
13. The improvements shall include construction of asphalt concrete pavement, curb/gutter, sidewalk, street lights, catch basins, and storm drains along the property frontage. (Engineering Division)
14. The Applicant shall construct sidewalk along JFK Court property frontage per City of Indio Standard Plan No.132. (Engineering Division).
15. The Applicant shall obtain encroachment permit prior to starting any street improvements within public streets. (Engineering Division)
16. Install handicap ramp per American with Disabilities Act (ADA) at the existing intersection of JFK Court and Cheyenne Road. (Engineering Division)
17. The Applicant shall cold mill the existing asphalt pavement to the minimum depth of
2.0 inches, crack seal, and new pavement shall be placed from centerline to curb and gutter along JFK Court and Cheyenne Road along the projects property frontage. (Engineering Division)
18. The Applicant shall remove and replace any damaged or broken asphalt concrete pavement, concrete curb/gutter on JFK Court & Cheyenne Road along the project’s property frontage. (Engineering Division)
19. Street addresses shall be shown precise grading plans. (Engineering Division)
20. All improvements shall comply with City standards, requirements and policies.
Applicant shall construct all transition and missing links between existing and proposed improvements, per the satisfaction of the City Engineer. (Engineering Division)
21. All overhead utilities less than 92kv, located within the project boundaries, bordering the project and/or fronting the project shall be underground. (Engineering Division)
22. 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.
23. 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 Conservation and Outreach Coordinator.
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24. A complete lighting plan shall be submitted to, and approved by, the Indio Police Department. This plan must address all areas around the location and must prevent any dark areas or places where people can hide prior to a Building Permit.
25. The Applicant shall install “No Trespassing/Loitering” signs at all driveway and pedestrian entrances. The Applicant shall file, and keep on file, “No Trespass Authorizations Forms” with the Indio Police Department prior to the Certificate of Occupancy. The Applicant shall proactively enforce all “No Trespassing” and “No Loitering” laws and report all crimes to the Indio Police Department. (Indio Police Department)
26. The Applicant shall submit complete floor plan of new and existing buildings and landscaping plans to the Indio Police Department in high resolution “PDF” format prior to the Certificate of Occupancy. (Indio Police Department)
27. The Applicant shall display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in height for building(s) up to 25’ in height. Numbers and letters shall be a minimum of 24” in height for building(s) over 25’ in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. (Fire Department)
28. The Applicant shall display boards will be as follows: Each complex shall have an illuminated diagrammatic representation of the actual layout which shows name of complex, all streets, building designators, unit members, and fire hydrant locations within the complex. These directories shall be a minimum 4’ x 4’ dimension and located next to roadway access. Plans must be submitted to the Fire Department for review and approval prior to installation. (Fire Department)
29. The Applicant shall post in a conspicuous place near the main exit from room(s)/area room/area occupancy load as approved by the building official. The location shall be approved by the Fire Department. Posting shall be by means of a durable sign having a contrasting color from the backgroun d to which it is attached. Signs shall be an approved type and shall be maintained in a legible manner by the owner. No person shall deface, remove or change the occupant load on signs except as authorized by the building official. (Fire Department)
30. Prior to the issuance of a Certificate of Occupancy, 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. (Valley Sanitary District)
SECTION 4. The Planning Commission Secretary shall certify to the passage, approval, and adoption of this Resolution.
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 376 of 417 PASSED, APPROVED, and ADOPTED this February 24, 2021 by the following vote, to wit:
AYES: Franz, Rodriguez Ceja, Ceja
NOES: None
ABSTAIN: Lopez
ABSENT: Ysiano
_________________________
JACQUELINE LOPEZ
PLANNING COMMISSION CHAIR
ATTEST:
________________________________
EVELYN BELTRAN
PLANNING COMMISSION SECRETARY
DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E
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(.7 mils minimum)
Ordinance No. 1804: Request by Indio M.O.B., LLC for a One (1) Year Exte... Page 382 of 417 City of Indio
City Council
December 20, 2023
STAFF REPORT
To: City Council
From: Rob Rockwell, Asst. City Manager & Dir. Of Finance Prepared by: Rob Rockwell, Asst. City Manager & Dir. Of Finance Subject: Developer mitigation fee reporting requirements pursuant to government code section 66006.
RECOMMENDATION:
Receive and file the AB1600 reports.
SUMMARY:
California Government Code Section 66006 requires that an accounting of mitigation fees paid by developers be made public and that project related expenditures be reviewed at a regularly scheduled public meeting. Additionally, the Building Industry Association (BIA) and the Desert Valley Builders Association (DVBA) have requested that the city provide a report identifying expenditures made AB1600. with compliance in is city to ensure fees mitigation development from the Accordingly, copies of the City’s AB1600 reports for the fiscal year ending June 30, 2023 were provided to both the BIA and the DVBA
BACKGROUND INFORMATION:
In 1989, AB1600 was codified as Section 66000 of the Government Code. AB1600 added a new chapter to the Government Code on fees collected for capital improvement projects. The chapter sets forth a number of requirements that local agencies must follow if they are to collect mitigation fees from developers.
Section 66006 mandates the fee reporting requirements that local agencies must adhere to each fiscal year. The BIA developed and the DVBA has updated, with the City's concurrence the reporting format (attached). Staff compiles the report of expenditures paid from the mitigation fees and interest accrued on those fees. Each report covers the fiscal year ending June 30, 2023. The city has complied with the following eight reporting requirements for mitigation fees:
1. Create separate capital improvement funds or accounts for each improvement funded with mitigation fees, Government Code Section 66006 a.
2. Remit all interest income earned by the fees to the same fund; interest income must be spent solely on the purpose for which the fee was originally collected, Section 66006 a.
3. Within 180 days after the close of each fiscal year, prepare a public report concerning each mitigation fee fund. The report must include the fund’s beginning and ending balance for the fiscal year, amount of fees and interest deposited into the fund for the fiscal year, and a AGENDA ITEM #12.1
Developer mitigation fee reporting requirements pursuant to government c... Page 383 of 417 description of each expenditure from the fund for that year, including identification of the improvement being funded with the fee, Section 66006 a.
4. Review these reports at public meetings not less than 15 days after the report‘s release to the public, Section 66006 (b) (2).
5. If mitigation fees remain unexpended or uncommitted for five years after being collected, the local agency is to make a finding that there remains a reasonable relationship between the current need for the fees and the purpose for which they were originally charged, Section 66001 (d).
6. Refund to current owners or developers fees collected with accrued interest, for which a continued need for the fees cannot be demonstrated (Section 66001 (f).
7. A local agency must not commingle mitigation fees with any other revenue, except for temporary investment purposes, Section 66006 (a).
8. Local agency may not spend mitigation fees for maintenance or operation of improvements funded with mitigation fees, Section 65913.8.
ATTACHMENTS:
AB1600 FY2023
DVBA Repsonse
APPROVAL(S):
Glendale Berdan, Accountant Approved - 13 Dec 2023
Steven Graham, City Attorney Approved - 14 Dec 2023
Bryan H. Montgomery, City Manager Approved - 14 Dec 2023
Developer mitigation fee reporting requirements pursuant to government c... Page 384 of 417 AB1600 Report
City of Indio, California Attachment No. 1
Storm Drain Storm Drain 311
Government Code 66000 Calculation
FYE 6/30/2023
August 1 2006 January 17 2022
Residential - Single Family Per gross acre 8,961 2,764 Residential - Condo/Townhouse Per gross acre 11,201 4,146 Residential - Apartment Per gross acre 15,682 4,146 Residential - Mobile Home Per gross acre 11,201 2,764 Commercial -Retail Per gross acre 20,162 4,976 Commercial - Office Per gross acre 20,162 4,976 Industrial Per gross acre 20,161 4,976 The Fee is payable when the building permit is issued.
Beginning Ending
Account Description Fund Balance FY 2023 Fund Balance
Revenues & Other Sources:
Interest Earnings (790)
Development Impact Fees 802,620
Intergovernmental/Other Agencies 50,588
Total Sources 852,417
Expenditures & Other Uses:
Capital Projects 382,243
Project Administration/Internal Engineering 29,624
Total Uses 411,867
Total Available 1,465,606 $ 440,551 $ 1,906,157$ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2019 299,268
2020 296,667
2021 634,056
2022 1,044,192
2023 802,620
Total DIF Revenue For Last Five Years 3,076,803 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.
FY 2023 Capital Improvement Expenditures FY Actuals
Jackson Street and Avenue 50 Improvements 21,805
Civic Center Storm Drain Program 360,438
Project Administration/Internal Engineering 29,624
Total 411,867 $
FY 2024 Planned Capital Improvement Expenditures DIF Share FY Budget Total Project Civic Center Storm Drain Project 30,428 4,026,000 4,150,000 Ave 44 Bridge 500,000 2,427,442 37,355,360
Jackson Street and Avenue 50 Improvements 552,009 6,266,075 16,098,624 Total 1,082,437 $ 12,719,517 $ 95,162,700 $ Development Type Unit
Effective Date
Developer mitigation fee reporting requirements pursuant to government c... Page 385 of 417 AB1600 Report
City of Indio, California Attachment No. 2
Roads & Bridges Roads & Bridges 312
Government Code 66000 Calculation
FYE 6/30/2023
August 1 2006 January 16 2022
Residential - Single Family DU 1,374 2,451 Residential - Condo/Townhouse DU 816 1,386 Residential - Apartment DU 844 1,386 Residential - Mobile Home DU 816 1,139 Commercial -Retail KSF 3,827 9,432
Commercial - Office KSF 1,520 2,847
Industrial KSF 1,000 1,560
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.
Beginning Ending
Account Description Fund Balance FY 2023 Fund Balance
Revenues & Other Sources:
Interest Earnings (3,995)
Development Impact Fees 800,707
Intergovernmental/Other Agencies 4,751
Total Sources 801,463
Expenditures & Other Uses:
Capital Projects 5,594
Project Administration/Internal Engineering 434
Prior Year Adjustment
Total Uses 6,028
Total Available 1,495,013 $ 795,435 $ 2,290,448 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2019 548,813
2020 383,750
2021 465,634
2022 877,147
2023 800,707
Total Revenue For Last Five Years 3,076,051 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.
FY 2023 Capital Improvement Expenditures FY Actuals
Avenue 52 Improvements (Monroe - Madison) 1,313
Avenue 38-40 Widening (Jefferson ) 4,281
Project Administration/Internal Engineering 434
Total 6,028
FY 2024 Planned Capital Improvement Expenditures DIF Share FY Budget Total Project Madison Street Improvements (Ave 48 - Hwy 111) 739,250 3,157,000 3,718,000 Jefferson Street and Highway 111 Intersection 155,835 822,000 974,000 Ave 44 Bridge 400,000 2,427,442 37,355,360
Jefferson Street Widening (Ave 38 - Ave 40) 40,000 300,000 3,344,000 Total 1,335,085 $ 6,706,442 $ 45,611,360 $ Development Type Unit
Effective Date
Developer mitigation fee reporting requirements pursuant to government c... Page 386 of 417 AB1600 Report
City of Indio, California Attachment No. 3
Traffic Signals Traffic Signals 313
Government Code 66000 Calculation
FYE 6/30/2023
August 1 2006 January 17 2022
Residential - Single Family DU 262 302 Residential - Condo/Townhouse DU 155 171 Residential - Apartment DU 161 171 Residential - Mobile Home DU 155 140 Commercial -Retail KSF 971 1,163 Commercial - Office KSF 386 351 Industrial KSF 254 192
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.
Beginning Ending
Account Description Fund Balance FY 2023 Fund Balance
Revenues & Other Sources:
Interest Earnings 4,924
Development Impact Fees 165,128
Intergovernmental/Other Agencies 0
Developer Payment 0
Total Sources 170,052
Expenditures & Other Uses:
Capital Projects 439,685
Project Administration/Internal Engineering 34,076
Prior Year Adjustment
Total Uses 473,761
Total Available 389,508 $ (303,709) $ 85,799 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2019 133,282
2020 89,376
2021 90,596
2022 183,598
2023 165,128
Total Revenue For Last Five Years 661,980 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.
FY 2023 Capital Improvement Expenditures FY Actuals
Monroe & Ave 41 Traffic Signal 400,416
HSIP 9 Traffic Signal Improvements 34,353
Avenue 44 and Lago Vista Traffic Signal 1,442
Shadow Ave Pedestrian Improvments 3,475
Project Administration/Internal Engineering 34,076
Total 473,761 $
FY 2024 Planned Capital Improvement Expenditures DIF Share FY Budget Total Project Monroe Street and Avenue 41 Traffic Signal 78,484 98,484 623,328 Jackson Street and Avenue 50 Improvements 50,000 6,266,075 16,098,624 Avenue 44 and Lago Vista Traffic Signal 50,000 100,000 800,000 Total 178,484 $ 6,464,559$ 17,521,952 $ Development Type Unit
Effective Date
Developer mitigation fee reporting requirements pursuant to government c... Page 387 of 417 AB1600 Report
City of Indio, California Attachment No. 4
Parks & Recreation Parks & Recreation 314
Government Code 66000 Calculation
FYE 6/30/2023
August 1 2006 January 17 2022
Residential - Single Family DU 4,227 2,972 Residential - Condo/Townhouse DU 3,303 2,625 Residential - Apartment DU 2,774 2,625 Residential - Mobile Home DU 3,303 2,774 Commercial -Retail N/A - - Commercial - Office N/A - - Industrial N/A - -
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.
Beginning Ending
Account Description Fund Balance FY 2023 Fund Balance
Revenues & Other Sources:
Interest Earnings 12,782
Development Impact Fees 1,676,980
Total Sources 1,689,762
Expenditures & Other Uses:
Debt Service Payment (Lease Revenue Park Bond) 1,270,252 Total Uses 1,270,252
Total Available 1,551,158 $ 419,510 $ 1,970,668$ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2019 877,555
2020 954,617
2021 1,276,641
2022 1,744,314
2023 1,676,980
Total Revenue For Last Five Years 6,530,107 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.
FY 2023 Capital Improvement Expenditures FY Actuals
Debt Service Payment (Lease Revenue Parks Bond ) 1,270,252 Total 1,270,252 $
FY 2024 Planned Capital Improvement Expenditures DIF Share FY Budget Total Project Debt Service Payment (Lease Revenue Parks Bond ) 1,236,773 N/A N/A Total 1,236,773 $ - $
Development Type Unit
Effective Date
Developer mitigation fee reporting requirements pursuant to government c... Page 388 of 417 AB1600 Report
City of Indio, California Attachment No. 5
Buildings Buildings 315
Government Code 66000 Calculation
FYE 6/30/2023
Development Type Unit August 1 2006 January 17 2022
Residential - Single Family DU 1,979 1,968 Residential - Condo/Townhouse DU 1,546 1,739 Residential - Apartment DU 1,299 1,739 Residential - Mobile Home DU 1,546 1,837 Commercial -Retail KSF 625 2,887 Commercial - Office KSF 142 2,109 Industrial KSF 649 773
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.
Beginning Ending
Account Description Fund Balance FY 2023 Fund Balance
Revenues & Other Sources:
Interest Earnings 3,006
Development Impact Fees 887,002
Total Sources 890,008
Expenditures & Other Uses:
Debt Service Payment (Lease Revenue Buildings Bond) 600,000 Total Uses 600,000
Total Available 822,808 $ 290,008 $ 1,112,816 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2019 454,769
2020 426,571
2021 618,717
2022 885,700
2023 887,002
Total Revenue For Last Five Years 3,272,759 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.
FY 2023 Capital Improvement Expenditures FY Actuals
Debt Service Payment (Lease Revenue Building Bond) 600,000 Total 600,000 $
FY 2024 Planned Capital Improvement Expenditures DIF Share FY Budget Total Project Debt Service Payment (Lease Revenue Building Bond) 1,120,218 N/A N/A Total 1,120,218 $ - $
Effective Date
Developer mitigation fee reporting requirements pursuant to government c... Page 389 of 417 AB1600 Report
City of Indio, California Attachment No. 6
Police Facilities Police Facilities 316
Government Code 66000 Calculation
FYE 6/30/2023
August 1 2006 January 17 2022
Residential - Single Family DU 930 1,289 Residential - Condo/Townhouse DU 672 1,138 Residential - Apartment DU 565 1,138 Residential - Mobile Home DU 672 1,203 Commercial -Retail KSF 272 1,890 Commercial - Office KSF 62 1,381 Industrial KSF 282 506 DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.
Beginning Ending
Account Description Fund Balance FY 2023 Fund Balance
Revenues & Other Sources:
Development Impact Fees 421,488
Total Sources 421,488
Expenditures & Other Uses:
Capital Projects
Project Administration/Management
Total Uses -
Total Available (595,158) $ 421,488 $ (173,670) $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2019 198,655
2020 200,849
2021 287,988
2022 401,737
2023 421,488
Total Revenue For Last Five Years 1,510,717 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.
FY 2023 Capital Improvement Expenditures FY Actuals
No Projects -
Total -
FY 2024 Planned Capital Improvement Expenditures DIF Share FY Budget Total Project Public Safety Campus - 17,000,000 48,891,299 Total - $ 17,000,000$ 48,891,299 $ Development Type Unit
Effective Date
Developer mitigation fee reporting requirements pursuant to government c... Page 390 of 417 AB1600 Report
City of Indio, California Attachment No. 7
Fire Facilities Fire Facilities
Government Code 66000 Calculation 317
FYE 6/30/2023
August 1 2006 January 17 2022
Residential - Single Family DU 205 505 Residential - Condo/Townhouse DU 148 446 Residential - Apartment DU 125 446 Residential - Mobile Home DU 148 472 Commercial -Retail KSF 60 741 Commercial - Office KSF 14 541 Industrial KSF 62 198
DU = dwelling unit; KSF = 1,000 gross sq ft of building area The Fee is payable when the building permit is issued.
Beginning Ending
Account Description Fund Balance FY 2023 Fund Balance
Revenues & Other Sources:
Interest Earnings 4,692
Development Impact Fees 115,453
Total Sources 120,145
Expenditures & Other Uses:
Capital Projects
Project Administration/Management
Total Uses -
Total Available 9,599 $ 120,145$ 129,743 $ Five Year Test-Unsing First In First Out Method Amount
DIF Collected
2019 63,432
2020 75,334
2021 72,814
2022 101,191
2023 115,453
Total Revenue For Last Five Years 428,224 $
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.
FY 2023 Capital Improvement Expenditures FY Actuals
No Projects -
Total -
FY 2024 Planned Capital Improvement Expenditures DIF Share FY Budget Total Project Fire Station 901,730 5,250,000 10,500,000 Total 901,730 $ 5,250,000$
Development Type Unit
Effective Date
Developer mitigation fee reporting requirements pursuant to government c... Page 391 of 417 AB1600 Report
City of Indio, California Attachment No. 8
Water Facilities Water Facilities 310
Government Code 66000 Calculation
FYE 6/30/2023
Water Meter Size (inches)
Impact Fee Charge
3/4" x 1" $4,030
1" $6,717
1.5" $13,157
2" $21,495
3" $46,702
4" $74,695
6" $101,353
8" $110,469
Beginning Ending
Account Description Fund Balance FY 22/23 Fund Balance
Revenues & Other Sources:
Developer fees 1,464,688
Interest income 45,561
Reimbursements -
Other PY 58,866
Total Sources 1,569,115
Expenditures & Other Uses
Capital Projects
Project Administration/Internal Engineering 30,000
Other
Total Uses 30,000
Total Available 8,475,022 1,539,115 10,014,137
Five Year Test Using First In First Out Method Amount
Revenues Collected
Revenues Collected from 2019 1,808,637
Revenues Collected from 2020 865,632
Revenues Collected from 2021 936,740
Revenues Collected from 2022 752,529
Revenues Collected from 2023 1,464,688
Total Revenue For Last Five Years 5,828,226
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.
FY 2022-23 Capital Improvement Expenditures
Capital Improvement Facilities FY 22/23
Project Administration/Internal Engineering 30,000
Total 30,000 $
FY 2023-24 Planned Capital Improvement Expenditures FY DIF Budget FY Project Budge t Total Project New Well Drilling and Equipping 250,000 250,000 5,000,000 Total $250,000 $250,000 $5,000,000
Fees are collected to fund construction of water facilities and water mains. Fees charged are based on meter size which determines capacity needs. Capacity is the amount available from the Indio Water Authority system when demanded by the user. Therefore the number of Equivalent Dwelling units (EDU) increases as the meter size (capacity) increases. The number of meters, and meter size, is estimated based on the type of development project. This fee structure Resolution 10242 was adopted on November 17, 2021 with an effective date of January 1, 2022.
Developer mitigation fee reporting requirements pursuant to government c... Page 392 of 417 AB1600 Report
City of Indio, California Attachment No. 9
Supplemental Water Supply Supplemental Water Suppl y 321 Government Code 66000 Calculation
FYE 6/30/2023
Annual Consumption
Factor with Return Flows SWSF
Development Type
(ac-ft/ac/yr) ($/acre)
Commercial/Institutional 0.65 $3,533
Hotel/Motel 1.42 $7,718
Industrial 0.93 $5,055
Irrigation 1.54 $8,370
Multi-Family Residential 1.23 $6,685
Single Family Residential 2.23 $12,120
City Parks/Irrigation and 1.36 $7,392
Landscape Lighting Districts 1.36 $7,392
Beginning Ending
Account Description Fund Balance FY 22/23 Fund Balance
Revenues & Other Sources
Developer fees 965,163
Interest income 34,557
Reimbursements -
Other PY 5,387
Total Sources 1,005,106
Expenditures & Other Uses
Capital Projects 222,455
Project Administration/Internal Engineering 15,000
Total Uses 237,455
Total Available 7,107,877 767,651 7,875,528
Five Year Test Using First In First Out Method Amount
Revenues Collected
Revenues Collected from 2019 984,269
Revenues Collected from 2020 689,454
Revenues Collected from 2021 825,843
Revenues Collected from 2022 904,745
Revenues Collected from 2023 965,163
Total Revenue For Last Five Years 4,369,474
Result : Five Year Spent Test Met in accordance with Government Code 66001 as there continues to be a reasonable relationship between the fee and the purpose for which it was adopted.
Capital Improvement Facilities
Capital Improvement Facilities FY 22/23
Recycled Water Treatment-Injection at VSD 222,455
Project Administration/Internal Engineering 15,000
Total 237,455
FY 2021-22 Planned Capital Improvement Expenditure FY Budget FY Project Budget Total Project EVRA Recycled Water Groundwater Replenishment Projec 200,000 300,000 70,000,000 Supplemental Water Supply Study 100,000 100,000 TBD
Total $200,000 $300,000 $70,000,000
As of March 1, 2013, a Supplemental Water Supply Fee is assessed on development projects in the City of Indio. The fee provides a framework to alleviate the strain on IWA's groundwater supply and is based on future water demands for new developments. Funds will be used to pursue the development of recycled water for future growth through indirect potable reuse injection. The fee varies based upon the development type, based upon the annual consumption factor with return flows multiplied by $5,435, prorated by the size in acreage of the development type. This is defined in Section 33.066 of the Indio City Code.
Developer mitigation fee reporting requirements pursuant to government c... Page 393 of 417
Developer mitigation fee reporting requirements pursuant to government c...Page 394 of 417 City of Indio
City Council
December 20, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $38,629 to purchase public safety equipment, approval of the JAG grant Interlocal Agreement; and budget adjustments.
RECOMMENDATION:
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $38,629; authorize the Police Department to use the funding to purchase public safety equipment; interlocal the execute to or designee City the authorize and approve Manager agreement between participating cities and the County of Riverside, the designated fiscal agent, and other related grant documents; and direct the Finance Department to adjust projected revenue and appropriations as reflected in the financial summary of the report.
SUMMARY:
The Edward Byrne Memorial Justice Assistance Grant (JAG) is a grant administered by the U.S.
Department of Justice, Bureau of Justice Assistance (BJA) program. The Bureau of Justice Assistance supports all components of the criminal justice system, such as evidence-based policing programs, personnel, and public safety equipment purchases through the JAG program. Staff is seeking approval to accept and use JAG funds to purchase public safety equipment and supplies.
BACKGROUND INFORMATION:
In August 2023, eligible jurisdictions in Riverside County submitted a joint grant application because they are under a disparate area-funding category. As defined by BJA, this type of disparity occurs when "multiple cities or municipalities are collectively allocated four times (400 percent) more than the county, and the county bears more than 50 percent of the collective costs associated with prosecution or incarceration of each municipality's Part 1 violent crimes." This disparity required the County of Riverside (the designated Fiscal Agent) to submit a consolidated application on behalf of the eligible jurisdictions and to administer the grant. The Fiscal Agent is also responsible for managing Fiscal interlocal the drafted Agent The JAG the to funds distributing and cities.
Agreement, which must be signed by each city's Authorized Representative (Attachment 1).
The JAG lnterlocal Agreement stipulates that each participating agency will allocate 10 percent of their administering with associated costs agent's to the offset award grant the fiscal grant.
Administrative costs are an allowable expense under the BJA grant program. Therefore, although the City's BJA eligible allocation is $42,921, the net amount awarded to the City is $38,629 - reflecting the 10 percent administrative costs retained by the fiscal agent. The Department is AGENDA ITEM #12.2
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 395 of 417 proposing to use the funding to purchase public safety equipment. These are allowable expenses under the JAG program.
Recipients of JAG funds must hold one public hearing (Attachment 2) in conjunction with City Council action to provide Indio residents an opportunity to comment about the proposed federal grant expenditures.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$38,629 In current year budget: No
Current FY General
Fund Impact:
$0.00 Budget adjustment: Yes
Next FY Financial
Impact:
$0.00 Strategic Objective: Public Safety
Source of funds: Justice Assistance Grant (JAG) Fund-Org-Object Reference:
223-Various
Additional Financial Details:
A budget adjustment is requested recognizing the projected FY23 JAG grant revenue and planned expenditures this fiscal year, and it is as follows:
Increase appropriations:
223-531060 Small Tools and
Equipment $ 15,421.00
223-555005 Machinery and Equipment $ 23,208.00
$ 38,629.00
Increase estimated revenue:
223-402325 State Grant $ 38,629.00
ATTACHMENTS:
Attachment 1: JAG23 Interlocal Agreement
Attachment 2: PHN - 2023 JAG Award (CCM 12.20.2023)
APPROVAL(S):
Mike Washburn, Chief of Police Approved - 08 Dec 2023
Jillian Martins, Assistant City Attorney Approved - 08 Dec 2023 Alan Garcia, Accountant Approved - 08 Dec 2023
Bryan H. Montgomery, City Manager Approved - 11 Dec 2023
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 396 of 417
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 397 of 417
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 398 of 417
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 399 of 417
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 400 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 5
CITY OF BANNING, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 401 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 6
CITY OF BEAUMONT, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 402 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 7
CITY OF CATHEDRAL CITY, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 403 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 8
CITY OF COACHELLA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 404 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 9
CITY OF CORONA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 405 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 10
CITY OF DESERT HOT SPRINGS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 406 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 11
CITY OF HEMET, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 407 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 12
CITY OF INDIO, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 408 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 13
CITY OF JURUPA VALLEY, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 409 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 14
CITY OF LAKE ELSINORE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 410 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 15
CITY OF MENIFEE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 411 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 16
CITY OF MORENO VALLEY, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 412 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 17
CITY OF PALM SPRINGS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 413 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 18
CITY OF PERRIS, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 414 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 19
CITY OF RIVERSIDE, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 415 of 417 WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
MOU 2023 Justice Assistance Grant Page | 20
CITY OF TEMECULA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 416 of 417
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VANESSA CASTILLO
CITY OF INDIO/CITY CLERK
100 CIVIC CENTER MALL
INDIO, CA 92201
HRG NOTICE OF HEARING
PHN: 2023 JAG Award (CCM 12.20.2023)
12/08/2023
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CITY OF INDIO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
the City Council of the City of
Indio, will hold a public hearing
on Wednesday, December 20,
2023 beginning at 5:00 p.m.
The public hearing will be held in
person at 150 Civic Center Mall,
Indio, CA 92201 and via
teleconference. The public can
participate in the hearing
remotely and in person, to
consider the following:
Public Hearing Item(s):
Acceptance of Fiscal Year
2023 Edward Byrne Memorial
Justice Assistance Grant
(JAG) in the amount o f $38,629
to purchase public safety
equipment, and approval of
the JAG grant Interlocal
Agreement.
City Council meetings may be
viewed via Livestream,
Facebook Live, You Tube, or
Zoom.
Zoom webinar information to
view and participate is as
follows:
Zoom Li nk:
https://us02web.zoom.us/j/81499
944856?pwd=VFlJdWtHdUg1L1
A1MXYvRkJBU2U1QT09
Webinar ID: 814 9994 4856
Passcode: 92201
Interested persons wishing to
express their views on the
hearing item(s) referenced above
may participate by providing oral
or written comments as follows:
Written Comments : Written
comments may be emailed to the
City Clerk at [email protected].
Comments will be distributed to
the City Council and posted on
the agenda portal. Written
comments will not be read during
public comment.
Oral Comments : Oral testimony
can be provided in person or
during the virtual live session.
Please use the “raise your hand”
function on zoom in order to be
recognized by the City Clerk.
Accessibility Accommodation :
If you are an individual with a
disability a nd need a reasonable
modification or accommodation
pursuant to the Americans with
Disabilities Act, please contact
the City Clerk at
[email protected] 24 hours in
advance of the hearing for
assistance.
Publication Date: December 8,
2023
/s/
Sabdi Sanchez , CMC
City Clerk Administrator
12/8/23
CNS -3763596#
THE DESERT SUN
Acceptance of Fiscal Year 2023 Edward Byrne Memorial Justice Assistance ... Page 417 of 417