Indio City Council
January 17, 2024

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 108 of 1555 Section 8
Section 9
Section I0
Section 11
Section 12
Amendments.

Severability.

Time of Essence.

Al1orneys' Fees
Execution
Assignment and Assumption Agreement shall be held exclusively in a state court in the County of Riverside, California.
. No provision of this Assignment and Assumption
Agreement may be amended or added to except by an agreement in writing by the parties hereto. . Any provision of this Assignment and Assumption
Agreement which shall prove to be invalid, void, or illegal shall in no way affect,impair, or invalidate any other provision hereof and such other provisionsshall remain in full force and effect.
. Time is of the essence of this Assigmnent and
AssumptionAgreement.
. In the event any party hereto brings an action or
proceeding to enforce or interpret this Assignment and Assumption Agreement, the prevailing party or partiesshall be entitled to an award of reasonable attorneys‘ fees and costs. . This Assignment and Assumption Agreement may be
executed in several counterparts, each of which shall constituteone and the same instrument and shallbe binding upon the Parties.

WITNESS WHEREOF, the Assignor and Assignee have executed this Assignment and Assumption Agreement as of the Effective Date written above.

ASSIGNOR:

COACHELLA VALLEY DEVELOPMEN

PARTNERS, LLC T
a California limited liability company
4120 rm/vv
nu//L
121810001/2684702.}

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 109 of 1555 Califcmi co oration
ASSIGNEE:

VERSED DEVELOPMENTGROUP
a
The above Assignment and Assumption Agreement is hereby approved by the City of Indi o
APPROVED:

CITY OF INDIO,
A municipal corporation(“City”)
Montgomery
ATTEST:

Cynthia
l2l83.000l/2684702.] 4 -

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 110 of 1555 néum 7.»: -an Mmw §w~._g_r5;..3,vV~J\
Dame‘$c.v~wn.«-r\
A Notary Public or other officer completingthis
certi?cate veri?es only the identity of the individual
who signed the document, to which this certi?cate
is attached, and not the truthfulness, accuracy, or
validitv of that document.

NOTARY ACKNOWLEDGMENT

STATE OF CALIFORNIA )
)

COUNTY OF )
\Jo/\-rvrox
O , before me. , Notary Public,
personally appeared , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribedto the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizedcapacity(ies),and that by his/her/theirsignature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executedthe instrument.

I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraphis true and correct.

MATVHEW WITNESS my hand and of?cial seal.

Comm.

Signature
(Seal)
121810001/2684702.]

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 111 of 1555 Nnmry ic or other of?cer completing
rti?cate ?es only the identityofthe in
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y appeared L ' he proved
the has of satisfa y evidence pers n(s) whose name(s) subscribed within stmment acknowlcd e tha he/shc/they execute ame in his/ A Publ this
ce veri dividual
who signed the document, to which this certi?cate
is attached, and not the truthfulness, accuracy, or
validitvof that document.

NOTARY ACKNOWLEDGMENT

STATE OF CALIFORNIA )
)

COUNTY OF RIVERSIDE )
O
,N ic,
personall , w to me on
is ctor to be the o is/are to the
in and ged to m t d the s her/their
authorized capacity(ies), and that by his/her/theirsignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executedthe instrument.

I certify under PENALTY of PERJURY underthe laws of the State of Californiathat the foregoing paragraphis true andcorrect.

MARIAsumo WITNESSmy hand and officialseal.

Notary Public Caiifurnia
RiversideCounty
Commission at
C rn Ex ires‘7‘.367i557!m25 un . _ m P 7770 '2 J
Signature
(Seal)
121810001/2684702.1

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 112 of 1555 on3'l-Ute’L°l.ZOIZ.beforeme, Sahel.‘Sanchez , Notary Public, appeared r 0 t , who proved to me
f satisfactory evidence to be the perso whosenameh??resubscribed to the within instrument and acknowledged to me that@she/theyexecuted the same @@her/their authorized capacityéies), and thatbar/their signaturesqynthe instrument the personkl, or (s){ced, executed the instrument.
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A Notary Public or other officer completing this
certificate Veri?es only the identity of the individual who signed the document, to which this certi?cate
is attached, and not the truthfulness, accuracy, or
Validitv of that document.

NOTARY ACKNOWLEDGMENT

STATE OF CALIFORNIA )
)

COUNTY OF RIVERSIDE )
personally on
the basis 0
the entity upon behalf of which the person t
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS official seal.

Signature
(Seal)

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 113 of 1555 EXHIBIT “A”

LEGAL DESCRIPTION
LOTS 20 AND 21 IN BLOCK “O” OF KING AND NARRAMOREADDITION TO INDIO NO. 1, AS SHOWN BY MAP ON FILE IN BOOK 10, PAGE(S) 51, OF MAPS OF RIVERSIDE COUNTY, CALIFORNIA.

APN 611-164-011 AND 611-164-013

THE FOLLOWING PROPERTY INTHE CITY OF INDIO, RIVERSIDECOUNTY, STATE OF CALIFORNIA DESCRIBED AS LOT 10, 11, 12 BLOCK) OF TRACT KING AND NARRAMORE ADDITION TO INDIO NO. 1, IN THE CITY OF INDIO, COUNTY OF RIVERSIDE AS PER MAP RECORDED IN BOOK 10, PAGE(S) 51, OF MAPS IN THE OFFICE OF THE COUNTY RECORDEROF SAID COUNTY.

APN: 611-64-014
LOTS 22, 23, AND 24 IN BLOCK “O" OF KINGAND NARRAMORE ADDITION TO INDIO N0. 1, AS SHOWN BY MAP ON FILE IN BOOK I0 PAGE 51 OF MAPS, RIVERSIDE COUNTY RECORDS;

EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN ALL

PETROLEUM, OIL, NATURAL GAS, OR OTHER MINERALS, AS RESERVED IN DEED FROM JOHN R. HAYNES AND WIFE TO H. C. WILMOT AND GEORGE N. HURD, RECORDED DECEMBER 22, 1919 IN BOOK 506 PAGE 240 OF DEEDS, RIVERSIDE COUNTY RECORDS.

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 114 of 1555 EXHIBIT “B”

DEVELOPMENT AND DISPOSITION AGREEMENT AND ITS AMENDMENTS

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 115 of 1555 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 CALIFORNIA
Office of the Secretary of State

AMENDMENT 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
-FILEDFile No.: BA20220696525
Date Filed: 8/17/2022

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 116 of 1555 _

RESOLUTION NO. 1957

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIO CONDITIONALLY APPROVING DESIGN REVIEW (DR) 20-08-477 TO ALLOW THE CONSTRUCTION OF A 4-STORY MIXED USE BUILDING CONSISTING OF 70

MARKET RATE APARTMENT UNITS, TENANT AMENITIES, AND GROUNDFLOOR LEASABLE COMMERCIAL SPACES, TOTALLING 72,000 SQUARE FEET WITH

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 and 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 Indio 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

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 119 of 1555 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 substantial 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, finds 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 of 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

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 120 of 1555 in particular the planning area of Downtown Neighborhood (DT-N) with a Retail Ready Overlay (RRO), in which the site 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. All applicable development standards, such as height, setback, and width of drive aisles will be required to comply with the Downtown Specific Plan Interim Development Standards. 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 multistory, 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

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 121 of 1555 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 condition 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 herein, this term shall apply also to the Property owner, any developer, or any successor in interest of the Applicant.

2. The Design Review 20-08-477 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 issued; 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 challenging 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 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 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 indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 122 of 1555 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. 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)

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)
DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2

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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.

DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 124 of 1555

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 engineer 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)
DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2

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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. 1684. (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 landscape, 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 schedule 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 existing 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 and final study will be developed once a customer project application and loading calculations are received. This detailed information will allow IID to perform an accurate assessment and provide a full report of any potential impacts and 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)
DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 126 of 1555

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 decisionmaking 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 and 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 plan 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 structures as identified on the site plan:

Convenience Store, Restaurant/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 capabilities 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 system 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. Furthermore, 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 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)

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 future 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 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. (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 shall 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 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)

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 Bureau 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 building 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 4th 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 Applicant 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 Elimination 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 onsite storm water retention basin(s) or system(s). Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100-year storm event of 24-hour duration and shall completely drain/percolate any storm event within 72 hours. (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=2540),
No. 13 (http://www.iid.com/home/showdocument?id=2553),
No. 15 (http://www.iid.com/home/showdocument?id=2555) and No. 20 (http://www.iid.com/home/showdocument?id=2560.

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

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 133 of 1555 Estate Section should be contacted at (760) 339-9239 for additional information regarding encroachment permits or agreements. (Imperial Irrigation District)

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 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 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 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 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 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)

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 grind 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 proposed 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):

DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 136 of 1555 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 permit 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 American 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 commercial use is not precluded.

25.Street addresses shall be shown on Precise Grading Plans. (Engineering Division)

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

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 boundaries, 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 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. (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 authorized 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 plan 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/vegetationmanagement. (Imperial Irrigation District) DocuSign Envelope ID: 526E6653-401D-42AF-88E9-B8EC496058A2

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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 recommended 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, 2023 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 NORTHWEST 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. 1957 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

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 140 of 1555 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 the 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).

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 141 of 1555 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

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 142 of 1555

Second Reading of Ordinance No. 1803 : Request by Versed Development Gro... Page 143 of 1555 City of Indio
City Council
January 17, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Conflict: NO
Subject: Approve Second Reading of 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 Second Reading of 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)
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.

AGENDA ITEM #9.10
Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 144 of 1555 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 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 145 of 1555 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, 2023 TO
DECEMBER 31, 2024 FOR THE INDIO MEDICAL OFFICE BUILDING 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 Owens 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 square foot 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. 1945 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 Medical Office Building Project; and,
WHEREAS, 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.

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 146 of 1555 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 the 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 COVID-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.

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 147 of 1555 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 148 of 1555 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.

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 149 of 1555 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,
Warren
il-rL. Owens
lndio M.O.B., LLC
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Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 150 of 1555 *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 4:26:13 PM
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Indio M.O.B., LLC
Design Review 20-02-471

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 152 of 1555 3DJH_2
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Warren Owens
12/12/2023

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 153 of 1555 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 49,990 SQUARE FEET WITH PARKING ON A 3.98 ACRES (APN: 616-160-036), LOCATED NORTHWEST CORNER

OF CHEYENNE ROAD AND BUFFALO TRAIL AND DETERMINING THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 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 Road 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 Zoning 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 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 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 154 of 1555

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 Guidelines. 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 retail, 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 155 of 1555 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 circulation 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 automatically 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 Design Review 20-02-471 with the following conditions of approval. The Applicant shall demonstrate compliance to ALL conditions of approval, 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 fully 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 156 of 1555 A. General Conditions of Approval
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. These conditions, as applicable and when necessary, shall be complied 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 with 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 157 of 1555 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 selection 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 modified herein (see Attachment B of the Memo dated February 19, 2021). (Planning Division)

8. 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)

9. The Applicant shall complete/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
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h. California Green Building Standards Code

11.The Applicant shall install automatic fire suppression systems 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)

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 comply 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 construction 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 shall 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)
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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 required 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 Standards 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 sheet 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 complex, 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)
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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 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. (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 applicant 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 Fire 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 by 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 161 of 1555 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 72. 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 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).

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49.The proposed project will comply 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 extensions or other upgrades as well as applicable permits, zoning changes, landscaping (if required by the City) and rightsof-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 district 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 extensions 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).

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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 improvements such as proposed new streets, driveways, parking lots, landscape; and all water, sewer, storm water, or any other above ground or underground utilities; will require an encroachment permit, or encroachment agreement (depending on the circumstances).

A copy of the IID encroachment permit application and instructions for its completion are available at 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/vegetationmanagement. (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 questions 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 places 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 164 of 1555 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 Approval 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 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 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 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 DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 165 of 1555 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 issuance of a Building Permit 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
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Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 166 of 1555 *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 provide on-site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100-year storm event of 24-hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention 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. 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 grading 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 167 of 1555 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 minimum 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)
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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 right-of-way and heavy foottraffic next to sidewalks and/or walkways. c. Use of very fine DG (decomposed granite) is prohibited. A thickness of twoinch (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 project 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 169 of 1555

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.

DocuSign Envelope ID: A2135C30-1B02-4A61-99DF-284B8AD1D57E

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 170 of 1555

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 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 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

Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 171 of 1555 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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Second Reading of Ordinance No. 1804 : Request by Indio M.O.B., LLC for ... Page 177 of 1555 City of Indio
City Council
January 17, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Amendment No. 2 to the Agency Reimbursement Agreement by and between the Coachella Valley Association of Government (CVAG) and the City of Indio for work related to the Arts and Music Line
RECOMMENDATION:

Approve Amendment No. 2 to the Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG) and the City of Indio, in an amount not-toexceed $250,255.55 for additional work related to the Arts and Music Line; authorize the City Manager to execute the Amendment.

SUMMARY:

The Arts and Music Line is a spur of the regional CV Link connecting the cities of Coachella and La Quinta through Avenue 48 in the City of Indio. The project consists of creating a separated bike lane on Avenue 48 and providing connections to area schools. A map of the Arts and Music Line project is included as Attachment 1. CVAG, as the lead agency, is funding 75% of the costs and the three cities are splitting the remaining 25% proportionally. Amendment No. 2 to the agreement amends the cost sharing agreement by adding consultants who will provide construction management services, professional engineering, and public outreach services. Contracts totaling $1,494,063 were approved by the CVAG Executive Committee on December 4, 2023, to provide these services.

The City of Indio’s proportionate share is $250,255.55. CVAG anticipates being under construction in early 2025.

BACKGROUND INFORMATION:

On March 4, 2020, the City of Indio approved a reimbursement agreement with CVAG using the 2019 Bicycle and Pedestrian Safety Program funds. This agreement established a partnership between CVAG, Indio, Coachella and La Quinta for the Arts and Music Line project and to prepare the necessary engineering to be a more competitive grant application for funding. Under this agreement CVAG agreed to provide 75% of the engineering costs, with each agency contributing their proportionate share of the remaining costs.

On July 20, 2022, the City of Indio approved a revised reimbursement agreement with CVAG to clarify the proportional split of the local share between the cities of Indio, Coachella, and La Quinta.

The agreed share are the City of Indio 67%, the City of Coachella 8% and the City of La Quinta 25% respectively.

AGENDA ITEM #9.11
Amendment No. 2 to the Agency Reimbursement Agreement by and between the... Page 178 of 1555 On October 20, 2022, the California Transportation Commission (CTC) recommended the award of $36.483 million of Active Transportation Program (ATP) funding for the Arts and Music Line.

On December 5, 2022, the CVAG Executive Committee approved Contract Amendment No. 1 in an amount of $1,060,000 for additional engineering services, including National Environmental Policy Act (NEPA) compliance and right-of-way acquisition services. The City of Indio’s share was $177,550, for a total not-to-exceed amount of $635,143 on this project.

In 2023, CVAG released requests for proposals for construction management, professional engineering, and public outreach services. Representatives from CVAG and each City were part of the evaluation committees who selected the consultants.

On December 4, 2023, the CVAG Executive Committee approved Contract Amendment No. 2 in an amount of $1,494,063 for construction management services, professional engineering, and public outreach services. The City of Indio’s share is $250,255.55, for a total not-to-exceed amount of $885,398.30 on this project. If approved, the effective date of this amendment will be December 4, 2023, because the various agencies sharing in the costs will be approving their share on various dates.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$250,255.55 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$250,255.55 Strategic Objective:

Source of funds: Measure A Fund-Org-Object
Reference:
212-523006
Additional Financial Details:

The CVAG Agency Reimbursement Agreement divides costs of the scope of work into a 75% Regional Share and a 25% Local Share. CVAG is paying for the Regional Share and of the Local Share, the City of Indio is responsible for 67%, the City of Coachella is responsible for 8% and the City of La Quinta is responsible for 25%.

The agreement breakdown is as follows:

Regional
(75%) Local Share (25%)
CVAG City of Indio City of
Coachella
City of La
Quinta
Total
Amount
Original
Contract $2,048,922.75 $457,592.75 $54,637.94 $170,743.56 $2,731,897 Amendment
No. 1 $795,000.00 $177,550.00 $21,200.00 $66,250.00 $1,060,000 Amendment
No. 2 $1,120,547.25 $250,255.55 $29,881.26 $93,378.94 $1,494,063 Total 964,470.00 $885,398.30 $150,719.20 $330,372.50 $5,285,960

Amendment No. 2 to the Agency Reimbursement Agreement by and between the... Page 179 of 1555 The City has allocated $645,143 in Measure A funds for the original Contract and Amendment No. 1 for this project. The City intends to allocate $250,255.55 for this agreement from Measure A funds for the FY24/25 fiscal year.

ATTACHMENTS:

Attachment 1
Attachment 2
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 09 Jan 2024 Steven Graham, City Attorney Approved - 11 Jan 2024
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 11 Jan 2024 Bryan H. Montgomery, City Manager Approved - 11 Jan 2024

Amendment No. 2 to the Agency Reimbursement Agreement by and between the... Page 180 of 1555 ATTACHMENT 1

PROJECT LOCATION MAP

Amendment No. 2 to the Agency Reimbursement Agreement by and between the... Page 181 of 1555

Amendment No. 2 to the Agency Reimbursement Agreement by and between the... Page 182 of 1555 ATTACHMENT 2
Amendment No. 2

Amendment No. 2 to the Agency Reimbursement Agreement by and between the... Page 183 of 1555

Amendment No. 2 to the Agency Reimbursement Agreement by and between the... Page 184 of 1555

Amendment No. 2 to the Agency Reimbursement Agreement by and between the... Page 185 of 1555 Contract No. CVAG-22-003-02
Project: ATP - Arts and Music Line
The parties hereto have caused this Amendment Number Two to be executed by their duly authorized representatives on the above-reference date.

ATTEST
By: ______________ _
Bryan Montgomery, City Manager

APPROVED AS TO FORM
By:-----------­
Stephen P. Graham, City Attorney
ATTEST
By: ____________ _
Tom Kirk, CVAG Executive Director

CITY OF INDIO
By:-----------­
Mayor

COACHELLA ASSOCIATION OF

GOVERNMENTS
By:----/����- Scott Matas, CVAG Chair

Amendment No. 2 to the Agency Reimbursement Agreement by and between the... Page 186 of 1555 City of Indio
City Council
January 17, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Construction contract with Universal Construction and Engineering, in an amount not-to-exceed $4,217,196.30 for the Jackson Street Complete Streets Project (City Project No. ST2211, State Project No. CCL-5275-038) RECOMMENDATION:

Approve the project plans and specifications for the Jackson Street Complete Streets Project (City Project No. ST2211, State Project No. CCL-5275-038); and award a construction contract to Universal Construction and Engineering, in the amount of $4,217,196.30; and approve a 5% contingency, allowing for unexpected costs, for a total of $4,428,056.

SUMMARY:

On December 19, 2023, staff received four (4) construction bids for the Jackson Street Complete Streets Project. After a thorough bid analysis and due diligence, staff determined that Universal Construction and Engineering is the lowest bidder.

BACKGROUND INFORMATION:

The City was successful in receiving a Caltrans Clean California Local Grant Program funds in the amount of $4,997,670 for the Jackson Street Complete Streets Project between Kenner Avenue and Avenue 45. A map of the project location is included as Attachment 1. This project includes new sidewalks, artistic shade structures, Bigbelly trash and recycling receptacles, shade trees and also incorporates clean up events, and an anti-litter campaign with local schools.

The construction part of the project was advertised on October 26, 2023. The City received and opened bids on December 19, 2023. A total of four (4) sealed bids were received. A summary of the bids are provided below.

Bidder’s Name Location Total Bid
Universal Construction and Engineering Palm Desert, CA $4,217,196.30 LC Paving & Sealing, Inc. Escondido, CA $4,357,021.80
Granite Construction Company Indio, CA $5,188,815.00
Alfaro Communications Construction Inc. Compton, CA $5,916,084.19 Public Works staff examined the submissions, and after a careful review of the project requirements and bid documents, staff determined that the lowest responsible bidder is Universal Construction and Engineering. The company is appropriately licensed and qualified to perform the work within the AGENDA ITEM #9.12
Construction contract with Universal Construction and Engineering, in an... Page 187 of 1555 project specifications. The Engineer’s construction cost estimate was $4,200,000. The bid amount is

0.4% higher than the cost estimate, reflecting the competitive market for this work.

On December 22, 2023, LC Paving & Sealing, Inc. (“LC Paving”) the second lowest bidder, submitted a timely bid protest, a copy of which is provided as Attachment 2. The basis of their protest was that they felt that Universal Construction and Engineering (“Universal”) did not submit copies of the Addendum Acknowledgement Forms for the three Addendums issued for this bid. The Notice Inviting Bids and the Addendum Signature Page asks the bidders to email a copy of each form and include a copy in the bid package, to confirm eligibility.

On December 27, 2023, Universal submitted a response to LC Paving’s bid protest letter, which is provided as Attachment 3. While Universal did include documentation that the Addendum Acknowledgement form was emailed to the City, confirming receipt of all three Addenda. Universal included a copy of an Addenda Acknowledgement Form that summarizes the receipt of the Addenda; however, the copy of each individual form was not included with their bid.

As a threshold matter, the City has broad discretion to determine responsiveness and accept a responsive bid even if there are minor irregularities or mistakes, as long as such mistakes do not affect the price of the bid, or otherwise give a bidder an unfair competitive advantage. (See Menefee v. County of Fresno (1985) 163 Cal. App. 3d 1175; Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal. App. 4th 897.)
Further, the California Legislature adopted public bidding laws and requirements for the benefit of the public and public-agencies, and not for the financial benefit or gain of any particular bidder. As cited in Ghilotti, referring to Judson Pacific-Murphy Corp. v. Durkee [(1956) 144 Cal. App. 2d 337, 383]:

It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal or license application of the low bidder after the fact [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.

The Notice Inviting Bids, also states, “The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.”
The review of the documents found that Universal has submitted all Addenda Acknowledgement Forms electronically, confirming that Universal and LC Paving had the same information available to them to prepare their respective bids. The fact that the form was not included in their bid package does not change their bid price, nor gives Universal an unfair competitive advantage. The LC Paving bid is $139, 825.50 higher than Universal’s bid. Because it is not material to the bid, the City reserves the right to waive this informality in the Bid in the best interest of the public.

Therefore, the City Engineer recommends that the City Council reject the bid protest by LC Paving, approve the project bid documents, which are on file in the Department of Public Works, and award the contract to Universal Construction and Engineering. Construction is scheduled to take place from March to July 2024.

FINANCIAL SUMMARY:

Construction contract with Universal Construction and Engineering, in an... Page 188 of 1555 Current FY Financial
Impact:
$4,428,056 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: Measure A and Grant Funds Fund-Org-Object Reference:
300-523006
Additional Financial Details:

The City will be using Local Measure A and State Clean California grant funds that were set aside for the construction of the Project, per the approved FY 23/24 Capital Improvement Program budget.

ATTACHMENTS:

Attachment 1
Attachment 2
Attachment 3
Attachment 4
APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 09 Jan 2024 Steven Graham, City Attorney Approved - 11 Jan 2024
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 11 Jan 2024 Bryan H. Montgomery, City Manager Approved - 11 Jan 2024

Construction contract with Universal Construction and Engineering, in an... Page 189 of 1555 ATTACHMENT 1
Project Location Map

Construction contract with Universal Construction and Engineering, in an... Page 190 of 1555

COUNCIL MEETING DATE
N
W E

E N G I N E E R I N G S E R V I C E S
LEGEND

PROJECT LOCATION
JANUARY 17, 2024

V I C I N I T Y M A P
S
NOT TO SCALE JACKSON ST AVENUE 44

INDIO BLVD

DILLON AVE

KENNER AVE

MARKET ST
AVENUE 45

GOLF CENTER PKWY
HWY 111

Construction contract with Universal Construction and Engineering, in an... Page 191 of 1555 ATTACHMENT 2
Bid Protest Letter
LC Paving & Sealing, Inc.

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Construction contract with Universal Construction and Engineering, in an... Page 193 of 1555 ATTACHMENT 3
Bid Protest Response
Universal Construction Engineering

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Contract

Construction contract with Universal Construction and Engineering, in an... Page 205 of 1555 C-2
City Project: ST2211 City of Indio Public Works
State Project: CCL-5275-038

CONTRACT

CITY OF INDIO CONTRACT FOR

JACKSON STREET COMPLETE STREET
City Project No.:ST2211
State Project No.: CCL-5275-038
THIS CONTRACT (“Contract”) is made and entered this January 17, 2024 (“Effective Date”), by and between the CITY OF INDIO, a California municipal corporation (“City”) and Universal Construction Engineering, a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 1019619; Class A). Contractor’s DIR registration number is 1000534892.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Jackson Street Complete Street (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of four million, two hundred seventeen thousand, one hundred ninety-six hundred dollars and thirty cents ($4,217,196.30) in accordance with the prices as submitted in the Bid.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

Construction contract with Universal Construction and Engineering, in an... Page 206 of 1555 C-3
City Project: ST2211 City of Indio Public Works
State Project: CCL-5275-038
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

CITY OF INDIO
By:

Mayor, Oscar Ortiz
ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk, Sabdi Sanchez City Attorney, Steven Graham
Dated: Universal Construction Engineering
(“CONTRACTOR”)
By:

Signature
By:

Print Name and Title

Construction contract with Universal Construction and Engineering, in an... Page 207 of 1555 City of Indio
City Council
January 17, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Conflict: NO
Subject: Resolution No. 10415: Request for Conditional Use Permit and Planning Review Permit Land Use Entitlement Approvals for Indio Gas Station Urban Plaza (Case File No. CUP 22-12-1078/DR 22-05-500) on Assessor's Parcel Number 611-373-041 located east and south of the intersection of Indio Boulevard, Requa Avenue and Flower Street pursuant to the provisions of the Highway 111 Corridor Specific Plan
RECOMMENDATION:

Approve Resolution No. 10415
SUMMARY:

Request for Conditional Use Permit and Planning Review Permit Land Use Entitlement approvals by Hayward Pardue and Puru Amin, 76405 Highway 111 Suite 9-139 La Quinta, CA 92253, for the development of an 8-pump gas station with covered fuel island canopy inclusive of two (2) electrical charging stations, 3,060 square-foot convenience market, on-site parking and landscaping on a

0.87-acre parcel at the corner of Indio Boulevard, Requa Avenue and Flower Street on Assessor’s Parcel Number 611-373-041
BACKGROUND INFORMATION:

Overview:

On September 21, 2022, the City Council conducted a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan, reviewed the staff report, accepted and considered public testimony and approved Resolution No. 10326 adopting the Highway 111 Corridor Specific plan and repealing the Central Highway 111 Corridor Specific Plan and the Mixed-Use Specific Plan-300 (MUSP-300). On September 21, 2022, the City Council approved Resolution No. 10325 making afinding of consistency with the Program Final environmental Impact Report (PFEIR) for the General Plan 2040certified by the City Council on September 18, 2019 for the adoptionoftheHighway111CorridorSpecificPlan.

Hayward Pardue and Puru Amin, 76405 Highway 111 Suite 9-139 La Quinta, CA 92253, represented by PBLA Engineering Attn: Hayward Pardue, 76405 Highway 111 Suite 9-139 La Quinta, CA 9225 submitted a land use entitlement application on May 4, 2022 for the development of an 8-pump gas station with covered fuel island canopy inclusive of two (2) electrical charging stations, 3,060 square-foot convenience market, on-site parking and landscaping on a 0.87-acre AGENDA ITEM #10.1
Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 208 of 1555 parcel at the corner of Indio Boulevard, Requa Avenue and Flower Street on Assessor’s Parcel Number 611-373-041. PBLA Engineering on behalf of its clients has requested Conditional Use Permit and Planning Review Permit approvals pursuant to the regulatory provisions of the adopted Highway 111 Corridor Specific Plan.

Public Notice:

On July 12, 2023, the City mailed written notices of the public hearing for the July 26, 2023 Planning Commission public hearing for the Indio Gas Station Urban Plaza Project to all property owners within 500 feet of the perimeter of the subject properties and published a legal notice of public hearing in the Desert Sun, the newspaper of record, on July 14, 2023. On July 26, 2023, 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. Following the conclusion of the public hearing and discussion, the Planning Commission directed the applicant to fully address recommended conditions of approval to the City Council and continued the public hearing to a date and time certain of August 25, 2023. At the request of the applicant, the Planning Commission continued to a date and time certain the public hearing on August 25, 2023 to September 27, 2023 and then continued the public hearing on September 27, 2023 at which the applicant requested that the Planning Commission continue the item to a date and time certain. Following the September 27, 2023 Planning Commission meeting, the applicant requested to be placed on the October 11, 2023 Planning Commission meeting for which a public hearing notice was published in the Desert Sun on November 30, 2023 and mailed notice was conducted to property owners of record within 500-feet on all sides. The applicant requested that the October 25, 2023 public hearing be continued to a date and time uncertain.

Subsequently the applicant requested to be placed on the December 13, 2023 Planning Commission meeting agenda for which a public hearing notice was published in the Desert Sun and mailed notice was conducted on November 30, 2023. The applicant resubmitted written and plan information on November 28, 2023 that was found by the Planning Services Division of the Community Development Department to be in substantial conformance with applicable provisions of the Highway 111 Corridor Specific Plan and substantively addressed the previous recommended conditions of approval to the City Council that the Planning Commission requested be addressed fully before the Planning Commission made its recommendation to the City Council.

The City published a legal notice of public hearing in the January 5, 2024 edition of the Desert Sun, the newspaper of record, for the January 17, 2024 City Council public hearing. On December 20, 2023, the City mailed written notices of the public hearing for the January 17, 2024 City Council public hearing for the Starbucks Drive-Through Restaurant Project to all property owners within 500 feet of the perimeter of the subject properties.

Planning Commission Review and Recommendation:

On December 13, 2023, the Planning Commission held a duly noticed continued 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. Following the conclusion of the public hearing and discussion, the Planning Commission approved this Resolution recommending to the City Council for the City of Indio, California the conditional approval of the Conditional Use Permit and Planning Review Permit for the Indio Gas Station Urban Plaza Project with the motion vote outcome specified in the meeting minutes for the December 13, 2023 Planning Commission meeting.

California Environmental Quality Act (CEQA) Findings:

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 209 of 1555 Section § 15168 (c)(2) of the California Environmental Quality Act (CEQA) Guidelines specifies that if the agency finds that pursuant to Section § 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental documentation would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making the determination include, but are not limited to, consistency of the later activity with the type of allowable land use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the Program EIR; (PFEIR).

Section § 15162 of the California Environmental Quality Act (CEQA) Guidelines specifies the following: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Section § 15162 (b) of the California Environmental Quality Act (CEQA) Guidelines specifies that if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.

Section §15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) states that additional environmental review is not required for projects “which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified”, except as might be necessary to determine whether there are project-specific significant effects. On September 18, 2019, the Indio City Council certified the Program Final Environmental Impact Report (PFEIR) for the General Plan 2040 through its adoption of Resolution No. 10106. This FEIR was prepared as a program EIR.

Pursuant to CEQA Guidelines Sections 15162, 15168 and 15183, the Community Development Director for the City of Indio, acting as the lead agency representative, determined that the Indio Gas Station Urban Plaza Project is within the scope of the PFEIR for the General Plan 2040 as the Project will substantively implement the General Plan 2040’s vision, intent, policies and goals and the signage and zoning amendments are intended to make these regulations consistent with the General Plan. Therefore, the Community Development Director determined that no new

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 210 of 1555 environmental documentation is required. The Planning Commission concurred with this determination.

Land Use Findings:

The General Plan 2040 specifies a Mixed-Use Neighborhood (MUN) land use designation for the project site. The MUN land use designation is intended to provide moderate- to higher-intensity neighborhood development that features a variety of multifamily housing choices and limited neighborhood-serving commercial uses in a walkable environment and allows commercial development along major streets and adjacent to a neighborhood center. Primary land uses for this designation include a range of single-family and multi-family residential uses, parks and recreation, mixed use (retail/office, retail/residential, office/residential, and neighborhood-serving retail, general commercial, services, entertainment, live/work, and office. Secondary land uses include public facilities, guest houses, places of worship, schools, family day care homes, public facilities, and others which are determined to be compatible with and oriented toward serving the needs of neighborhoods may also be allowed. Secondary uses should be focused along mixed-use corridors or at the edges of centers. The project proposes a convenience market, fuel station and future retail development pad area with associated on-site improvements that are generally classified as neighborhood serving retail and/or general commercial.

Policy LU-1.1 (Overall City Structure) of the General Plan 2040 specifies that a clearly defined City structure will be partially established by creating mixed-use corridors along Highway 111, Monroe Street, Avenue 42, and Avenue 44 that contain a mix of retail, service, office, and residential uses.

Corridors should have defined nodes that provide a mix of local- and regional-serving uses. The project is comprised of a convenience market, fuel station and future retail development pad area and associated on-site improvements. The project site is located approximately 500 feet north of Highway 111 and is located along Indio Boulevard, both of which are mixed use corridors.

The City of Indio City Council adopted the Highway 111 Corridor Specific Plan on September 21, 2022. The stated goal of this Specific Plan is: “The City will utilize this Specific Plan as strategic action plan to attract, enable and guide market based economic development to deliver new housing, employment, and public improvements along this important city center corridor, in patterns and forms that systematically realize the long-term vision for central Indio, one project and one improvement at a time.” The subject property proposed for the Indio Gas Station Urban Plaza Project is currently vacant and undeveloped. It is adjacent to existing developed properties to the south, west and east comprised of mini-storage and automotive repair, recreational vehicle, light industrial and office uses.

The Vision Statement for the Highway 111 Corridor Specific Plan is ”The Highway 111 Corridor will be transformed from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the city of Indio - respecting the Corridor’s history and context, building on its existing amenities, reflecting community desires, and leveraging evolving economic opportunities for the benefit of the entire community.” The proposed Indio Gas Station Urban Plaza Project is an auto-oriented land use. As a stand-alone auto oriented land use, it does not by itself contribute to a lively dynamic center of social, cultural and economic activity for the City of Indio.

However, the Specific Plan has identified certain limited land uses in the Mixed-Use Corridor (MU-C) zoning designation that are conditionally allowed in recognition that the transformation of the Corridor will likely take significant time and to balance the Corridor’s transformation with the economic development needs and interests of the City and private property rights.

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 211 of 1555 The proposed project is being evaluated for consistency with applicable provisions of the Highway 111 Corridor Specific Plan and is being processed as Conditional Use Permit and Planning Review Permit land use entitlement applications. Pursuant to Table 3.4.2 of the Specific Plan, the subject site is located within Subarea 25 that is in turn has been an assigned regulatory designation consisting of Mixed-Use Corridor Zone. Further, these uses are considered a Limited Land Use in the Mixed-Use Corridor (MU-C) zoning designation pursuant to Section 3.14 of the Plan and are subject to extraordinary review and approval procedures consisting of a public hearing before the Planning Commission that will issue a recommendation to the City Council and the City Council that will hold its own public hearing and make a final decision.

Pursuant to Section 3.4.C.2 of the Specific Plan, the Mixed Use Corridor Zone is intended to implement the vision for Highway 111 to evolve into a mixed-use central boulevard - characterized by strong urban buildings with active ground-floor uses and frontages that provide services and amenities to the adjacent neighborhoods, inject the corridor with daily human activity, and establish a clear and attractive identity for the corridor that is unique to the City of Indio. Section 3.14 of the Plan. Section 3.14.A,1 of the Plan specifies that the General Plan defines a vision for Boulevard 111 that is characterized by 3 to 6 story urban buildings, built close to and facing 111, with active, human-scale, pedestrian-oriented ground floor frontages, and windows on all floors overlooking the street. The Mixed-Use Corridor Zone is intended to deliver that vision and requires that buildings within 200 to 300 feet of 111 be at least 3 stories in height. Such buildings are to be built along over 50% of corridor frontages to provide strong spatial definition for Boulevard 111 and to deliver relatively high intensities of housing, employment, and commercial uses in the center of Indio. This Plan recognizes that many of the existing 1- and 2-story buildings along the corridor may remain for an indefinite period of time, and that current and near-term market forces may not support the feasibility of 3-story and greater development within some properties within the Mixed-Use Corridor Zone. In order to enable market forces to attract near-term reinvestment to the Mixed-Use Corridor Zone - while also ensuring that over time the vision for that Zone is realized - this Section provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea - defined herein as “Limited Uses” - may be approved in the Mixed-Use Corridor Zone through the Administrative Use Permit (AUP) or Conditional Use Permit (CUP) process. Based on the preceding intent, the Planning Commission and City Council may consider the proposed convenience market and fuel station land uses as interim land uses until such time that market forces enable successful redevelopment of the subject site with land uses that are consistent with the vision of the Highway 111 Corridor Specific Plan. It should be further noted that the irregular shape of the parcel and the relatively small size of the property would limit significant mixed-use development of the site.

Section 3.5 (Allowed Uses) of the Specific Plan addresses allowed land uses within the boundaries of the Specific Plan and corresponding permit requirements for each regulatory zone, as applicable.

Table 3.5-1 (Allowed Uses) specifies that fuel stations are a conditional use permit and an aforementioned Limited Land Use in the MU-C zoning designation. This Table further specifies that convenience markets are generally an administrative use permit and a Limited Land Use, however, when combined with a fuel station land use, both uses are considered land uses subject to issuance of a conditional use permit approval from the City Council following review and issuance of a recommendation by the Planning Commission.

Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) specifies that thisChapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC), where noted. In cases where this Chapter is silent, the requirements of the IMC or UDC shall apply (as prescribed in those documents). In cases where

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 212 of 1555 there is conflict between the requirements of this Chapter and those of the IMC or UDC, the requirements of this Chapter shall supersede.

Section 3.2.G.3.A (Council Approval Required) of the Specific Plan specifies that the following Limited Uses shall require City Council approval inclusive of fueling stations, car washes and any use including a vehicular drive-through. Because the proposed fueling station is combined with a convenience market, both land uses are subject to the issuance of a conditional use permit approval from the City Council.

The adopted Specific Plan does not specifically list the require findings for the consideration of the issuance of a conditional use permit approval, therefore, pursuant to Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code), applicable provisions of the City’s Unified Development Code for consideration of conditional use permits shall apply.

Section 6.04.04.F.1-6 of the City of Indio Unified Development Code comprise the required findings for a conditional use permit land use:

1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code;

2. The proposed use is consistent with the General Plan and any applicable Specific Plan;

3. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

4. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code;

5. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

6. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

Regarding Section 6.04.04.F.1, Section 3.5 (Allowed Uses) of the Specific Plan addresses allowed land uses within the boundaries of the Specific Plan and corresponding permit requirements for each regulatory zone, as applicable. Table 3.5-1 (Allowed Uses) specifies that fuel stations are a conditional use permit and an aforementioned Limited Land Use in the MU-C zoning designation.

This Table further specifies that convenience markets are generally an administrative use permit and a Limited Land Use, however, when combined with a fuel station land use, both uses are considered land uses subject to issuance of a conditional use permit approval from the City Council following review and issuance of a recommendation by the Planning Commission. Section 3.3 (Glossary) of the Specific Plan defines a limited use as a development that provides neighborhood serving amenities (including job-creation) along the corridor, but that does not meet all of the formbased standards of the MU-C Zone and may be considered an impermanent use of the land until it is redeveloped to its highest allowed density. Section 3.14.1 (Limited Uses in the MU-C Zone – Intent) of the Specific Plan states that in order to enable market forces to attract near-term reinvestment to the Mixed-Use Corridor Zone - while also ensuring that over time the vision for that Zone is realized - this Section provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea - defined herein as “Limited Uses” - may be approved in the Mixed-Use Corridor Zone through the Administrative Use Permit (AUP) or Conditional Use Permit (CUP) process. This Section further states that accordingly, four specific categories of Limited Uses are defined in this Section, including adaptive reuse of existing 1 and 2-story commercial and office buildings, development of limited quantities of new buildings of those types, and development of blocks with lower Frontage Buildout percentages and larger quantities of street-adjacent surface

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 213 of 1555 parking that otherwise allowed. The convenience market and fuel station are considered Limited Land Uses use within the Mixed-Use Corridor (MU-C) designation of the Specific Plan and is subject to City Council review and approval as conditional land use and are further subject to applicable design and development standards and regulations of Section 3.14 (Limited Uses in the MU-C Zone). The Indio Gas Station Urban Plaza is a convenience market and fuel station project along with a pad site for future retail development t that provides neighborhood serving amenities for individuals interested in the products being offered and that will also contribute to job creation in the corridor. As noted in other areas of these findings, the Project does not meet all of the form-based standards of the MU-C zone. In some instances, this lack of compliance is due to the auto-oriented nature of the land uses. However, the Project does comply or can be made to comply with the application of conditions of approval with a significant number of the MU-C zone standards as noted in the findings herein. Therefore, as a Limited Land Use, the project does not meet all of the formbased standards of the MU-C Zone and may be considered an impermanent use of the land until it is redeveloped to its highest allowed density.

Regarding Section 6.04.04.F.2, the City of Indio City Council adopted the Indio General Plan 2040 on September 18, 2019. The City of Indio City Council subsequently adopted the Highway 111 Corridor Specific Plan on September 21, 2022. The stated goal of this Specific Plan is: “The City will utilize this Specific Plan as strategic action plan to attract, enable and guide market based economic development to deliver new housing, employment, and public improvements along this important city center corridor, in patterns and forms that systematically realize the long-term vision for central Indio, one project and one improvement at a time.” The subject property proposed for the Indio Gas Station Urban Plaza Project is currently vacant and undeveloped. Table 3.5-1 (Allowed Uses) specifies that fuel stations are a conditional use permit and an aforementioned Limited Land Use in the MU-C zoning designation. This Table further specifies that convenience markets are generally an administrative use permit and a Limited Land Use, however, when combined with a fuel station land use, both uses are considered land uses subject to issuance of a conditional use permit approval from the City Council following review and issuance of a recommendation by the Planning Commission. Section 3.3 (Glossary) of the Specific Plan defines a limited use as a development that provides neighborhood serving amenities (including job-creation) along the corridor, but that does not meet all of the form-based standards of the MU-C Zone and may be considered an impermanent use of the land until it is redeveloped to its highest allowed density. Section 3.14.1 (Limited Uses in the MU-C Zone – Intent) of the Specific Plan states that in order to enable market forces to attract near-term reinvestment to the Mixed-Use Corridor Zone - while also ensuring that over time the vision for that Zone is realized - this Section provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea - defined herein as “Limited Uses” - may be approved in the Mixed-Use Corridor Zone through the Administrative Use Permit (AUP) or Conditional Use Permit (CUP) process. Therefore, the conditional use consideration of the convenience market and fuel station is consistent with the General Plan because they are a general commercial land use as specified in the General Plan. It is further consistent with applicable provisions of the Specific Plan because they are considered a limited land use and are being considered as a conditional land use pursuant to applicable provisions of the Specific Plan. Finally, if the portion of the property identified a future retail development area is proposed for one or more land uses, these land uses must be consistent with the General Plan 2040 and the Highway 111 Corridor Specific Plan and will be subject to future separate land use entitlement review by the City.

Regarding Section 6.04.04.F.3, the project as currently presented is an auto-oriented project comprised of a convenience market and fuel station. The land use (s) for the future retail development area is unknown at this time. The project is an auto-oriented land use whose overall land use intent is to provide convenient and auto oriented food products, other products and fuel

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 214 of 1555 services to patrons. As currently conceived, the convenience market will be located adjacent to the public right-of-way for Flower Street and immediately south of the Indio Boulevard/Requa Avenue/Flower street intersection. The proposed fuel station canopy is located approximately 18 feet southwest of the Indio Boulevard public right-of-way with a proposed striped pedestrian connection to the convenience market building. The Vision Statement for the Highway 111 Corridor Specific Plan is” The Highway 111 Corridor will be transformed from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the city of Indio - respecting the Corridor’s history and context, building on its existing amenities, reflecting community desires, and leveraging evolving economic opportunities for the benefit of the entire community.” The Indio Gas Station Urban Project as a stand-alone auto oriented land use-oriented project does not by itself directly contribute to a lively dynamic center of social, cultural and economic activity for the City of Indio. However, the Specific Plan has identified certain limited land uses that are conditionally allowed in recognition that the transformation of the Corridor will likely take significant time and to balance the Corridor’s transformation with the economic development needs and interests of the City and private property rights. In addition, the subject property proposed for the proposed Indio Gas Station Urban Plaza Project is currently vacant and undeveloped. The Project will re-introduce land use activity to the subject and will create employment and property tax revenue that is not currently present resulting from the undeveloped nature of the property.

Regarding Section 6.04.04.F.4, the Indio Gas Station Urban Plaza Project complies or can be made to comply with a substantial majority of the applicable design and development standards specified in the Specific Plan. Section 3.3 (Glossary) of the Specific Plan defines a limited use as a development that provides neighborhood serving amenities (including job-creation) along the corridor, but that does not meet all of the form-based standards of the MU-C Zone and may be considered an impermanent use of the land until it is redeveloped to its highest allowed density.

Section 3.14.1 (Limited Uses in the MU-C Zone – Intent) of the Specific Plan states that in order to enable market forces to attract near-term reinvestment to the Mixed-Use Corridor Zone - while also ensuring that over time the vision for that Zone is realized - this Section provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea - defined herein as “Limited Uses” - may be approved in the Mixed-Use Corridor Zone through the Administrative Use Permit (AUP) or Conditional Use Permit (CUP) process. This Section further states that accordingly, four specific categories of Limited Uses are defined in this Section, including adaptive reuse of existing 1 and 2-story commercial and office buildings, development of limited quantities of new buildings of those types, and development of blocks with lower Frontage Buildout percentages and larger quantities of street-adjacent surface parking that otherwise allowed.

Therefore, the project is generally compliant or will be compliant with the application of conditions of approval and in those instances where the project is not compliant, there is a reasonable basis for the City Council to make a finding that this lack of compliance does not result in the project not being approvable.

Regarding Section 6.04.04.F.5, the Indio Gas Station Urban Plaza Project is generally compatible with the design, location, size and operating characteristics of existing and reasonably foreseeable future land uses in the vicinity. The project site is located in a largely built out area at the outer edge of the boundaries of the Highway 111 Corridor Specific Plan that is currently dominated by autooriented land uses including but not limited to mini-storage, auto repair, personal service and office uses. These land uses are primarily located in established buildings and sites that are not currently planned for significant revitalization or redevelopment. The Indio Gas Station Urban Plaza Project is generally consistent with the existing surrounding land uses and will not cause significant impacts to the operations of these land uses that would be considered excessive in nature.

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 215 of 1555 Regarding Section 6.04.04.F.6, the project site for the Indio Gas Station Urban Plaza Project is an irregularly shaped parcel of land. The project can be accessed via Indio Boulevard and/or Flower Street subject to compliance with applicable City of Indio driveway access requirements, is served or can be served by public and private utilities and would not create excessive land use intensity that would be out of character with the existing surrounding commercial oriented land uses.

Pursuant to Section 3.6 of the Specific Plan, the standards of this this section shall apply to any parcel within the Master Planned Design Overlay in Figure 3.4-1, or for any proposed development greater than 4 acres in size. No new subdivision, building, street or other improvement shall be approved on such a parcel without a Planning Review (PR) Permit and an approved Master Planned Development (MPD) Permit, based on a determination of consistency with these standards. The project site is 0.87 of an acre in size and therefore, this Section is not applicable to the proposed project.

Pursuant to Section 3.6.A.2.a, all new developments must complete and/or support—and in no way impede—the required connections and intersections which appear in their subarea. The project site is located in Subarea 25. Figure 3.6-1 does not identify required and/or recommended connections through the project site. Pursuant to Section 3.6.B.1.b, required connections form links through and between subareas and are required to be multi-modal streets with vehicular access and shall be further be designed as Avenues (per Section 3.7.B.4.a) or Neighborhood Streets (per Section

3.7.B.4.c). Pursuant to Section 3.6.B.1.d, recommended connections are included as suggested ways to meet the Block Standards of Section 3.6.C, but their quantity and placement is flexible.

Recommendations for how some of these connections can be implemented are included in Table

3.6-2. However, because the Specific Plan does not specify required or recommended connections through any portion of the project site, this Section is not applicable to the proposed project.

Pursuant to Section 3.6.C.1/Table 3.6.3 (Maximum Block Size), the maximum block perimeter for the Mixed-Use Corridor zone is 1,600 feet. Pursuant to Section 3.6.C.2.a, per Table 3.6-1, all blocks shall be defined—or in other words: bound at their perimeter—by one or more of the following types of public connections or open spaces: Street, Carless Street, Plaza/Green, Neighborhood Park, or Mini Park. Pursuant to Section 3.6.C.2.a.i, a block may be bound on no more than one (1) side by a Carless Street, Plaza/Green, Neighborhood Park, or Mini Park. Pursuant to Section 3.6.C.2.b, types which define a block shall be public and shall not be private or semi-public. Pursuant to Section

3.6.C.2.b.i, “Public” means those spaces and connections which are publicly accessible—providing public right-of-way—regardless of ownership. The project site is located on an existing parcel of land that measures approximately 345.21 lineal feet wide along the site’s northern (Indio Boulevard) perimeter, 169.54 lineal feet long along the site’s western (Flower Street) perimeter and 348.00 lineal feet along the site’s southern perimeter. As a result of the project site’s limited size and associated dimensions, it complies with this Section.

Section 3.7 (Public Realm Standards) specifies standards for the public realm areas of the Highway 111 Corridor. The project site is comprised of private property that is located along an existing built portion of Highway 111 that is not located along Highway 111, but that is within the boundaries of the Highway 111 Corridor Specific Plan. The applicant is not proposing nor is being required to make any substantive public realm improvements that would create a legal nexus for compliance to one or more standards in this Section. Therefore, this Section is not applicable to the proposed project.

Section 3.8 (Building Placement and Access) and more specifically Section 3.8.B.1 specifies standards to ensure that proposed development within the Specific Plan area promotes a pedestrian-friendly environment along the street by placing buildings at the front of the site and

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 216 of 1555 locating parking at the center or the back of the site. Table 3.8-1 (Building Placement) specifies building placement standards that are applicable to properties that are located within the Mixed-Use Corridor regulatory zone. This Table specifies that for non-Highway 111 fronting properties, the front street build to range should be 0 feet to 10 feet, that the front street build out should be 100 percent, that there is no side street build to range, that the side street build out should be 80 percent for the first 40 feet with no buildout requirement after 40 feet, that the building length should be a maximum of 300 feet, and that there are no building setback requirements except for a 10-foot separation between multiple buildings on a single lot. Section 3.14 (Limited Land Uses in the MU-C Zone) and more specifically Section 3.14.A.3.1.c.iv specifies that the Frontage Buildout requirements listed in Table 3.8-1 may be waived for provided buildings are in conformance with the requirements of the rest of this Section. The proposed convenience market building immediately abuts and is parallel to Flower Street while the proposed fuel canopy island is parallel to Indio Boulevard and is setback 12 feet/7 inches from the Indio Boulevard property line. The convenience market and the fuel island canopy both comply with the 100 percent front street build-out. Flower Street is an adjacent side street with the convenience market fronting directly along this Street. The convenience market building is approximately 80 feet long and complies with the maximum building length standard. The building separation between the convenience market building and the fuel island canopy structure is 30 feet/6 inches.

Section 3.8.B.2 specifies standards for Public Realm Extensions into project sites. The submitted site plan specifies interior striped pedestrian connections. Section 3.8.B.2.f specifies the following standards applicable to this connection:
i. Public Realm Extensions shall connect directly to the public sidewalk. Any necessary steps, ramps, and/or elevators to connect them shall be easy to locate and comfortable to use. Apart from steps and ramps, surfaces used by pedestrians shall be flat. ii. Decorative and/or permeable pavement is encouraged. iii. Landscaping, pedestrian-scale lighting, and seating areas are encouraged. iv. Public Realm Extensions may be enclosed from the public realm with landscaping, low walls, and/or fences, provided that entrances are provided.
v. On-site driving and parking areas shall either be designed as shared, multi-use spaces or be kept separate with strategic siting of buildings and/or landscaping.

The submitted site plan specifies an approximately 3-foot-wide pedestrian walkway from Flower Street to the convenience market primary entrance that is located along the eastern building elevation. There is also a 3-foot-wide pedestrian walkway from the convenience market primary building entrance to Indio Boulevard, however, there appear to be water and air supply cabinets and would therefore obstruct any pedestrian access to and from the primary building entrance to Indio Boulevard. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring the submittal of a modified site plan prior to City Council review and consideration specifying the removal and relocation of the water and air supply cabinets to another on-site location with the provision that this relocation should not block any other pedestrian connection. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023 by relocating the cabinets to the southeast corner of the project site.

The submitted site plan does not specify the design characteristics of the proposed pedestrian connection. However, Section 3.14.C.3.b.iii specifies that a clearly marked pedestrian walkway shall be provided and shall be designed as a crosswalk including signage and cues such as striping or material changes. The submitted site plan is unclear as to whether decorative and/or permeable pavement for interior and external pedestrian connections. Further, any interior pedestrian connections should be slightly raised to notify vehicles of the pedestrian crossing area. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring the

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 217 of 1555 submittal of a modified site plan prior to City Council review and consideration specifying decorative and/or permeable pavement for interior and external pedestrian connections and further specifying raised internal pedestrian connections with dimensioned height. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023 and a condition of approval has been added to this version of the Resolution to assure the construction of on-site sidewalks requires with this Section.

The project is a limited land use drive-through restaurant that has not been designed to incorporate enclosed public realm extensions that due to the irregular nature of the parcel, cross-circulation constraints and the auto-oriented nature of the development would be infeasible. The on-site driving and parking areas have been designed to separate on-site parking from drive-through functional areas within the site constraints imposed by the irregular nature of the parcel and the need to maintain cross-circulation between and with adjacent properties.

Section 3.9 (Building Height) of the Specific Plan specifies standards for building height and vertical proportions that apply to all new buildings within the boundaries of the Specific Plan. For properties zoned Mixed Use Corridor, Table 3.9-1 specifies that the minimum building height is 3 stories. The submitted elevation drawings for the proposed on-site buildings specify that the convenience store building elevation will be16.7 feet height that is 13.3 feet less than the specified 3 stories standard and as such, does not comply with the specified minimum building height standard. The proposed fuel canopy island is 30.1 feet in height and does comply with the standard. Section 3.14 (Limited Land Uses) and more specifically Section 3.14.1 specifies that “In order to enable market forces to attract near-term reinvestment to the Mixed-Use Corridor Zone - while also ensuring that over time the vision for that Zone is realized - this Section provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea - defined herein as “Limited Uses” - may be approved in the Mixed-Use Corridor Zone through the Administrative Use Permit (AUP) or Conditional Use Permit (CUP) process. Accordingly, four specific categories of Limited Uses are defined in this Section, including adaptive reuse of existing 1 and 2-story commercial and office buildings, development of limited quantities of new buildings of those types, and development of blocks with lower Frontage Buildout percentages and larger quantities of street-adjacent surface parking that otherwise allowed.” The proposed Indio Gas Station Urban Plaza Project is categorized as a limited land use and more specifically under the category of “development of limited quantities of new buildings of those types”. Therefore, because of its limited land use status, the approximately one and a half story height of the proposed building is acceptable.

Section 3.10 (Facades and Frontages) of the Specific Plan specifies standards to ensure that largescale (“block-form”) buildings, are modulated into smaller “human-scale” increments and composition to generate more dynamic and interesting streetscapes and result in more resilient buildings that are adaptable over time to meet the varied needs of different tenants and uses.

Section 3.10.A specifies building massing standards for buildings that are longer than 100 feet in length in the Mixed-Use Corridor. The proposed on-site building measures approximately 80-feet in length and therefore Section 3.10.A is not applicable to the proposed building.

Section 3.10.B (Façade Design) is intended to generate active, attractive and human-scaled façade compositions based on timeless building. The submitted building elevations and renderings propose a combination of horizontal and vertical elements for the convenience store building. All elevations except the western building elevation are in compliance with the façade composition standards specified in Section 3.10.B.2 for a single-use structure. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring the submittal of a modified site plan prior to City Council review and consideration demonstrating compliance to Section 3.10.B.2 of

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 218 of 1555 the Highway 111 Corridor Specific Plan for the western building elevation of the convenience market. The applicant addressed this condition on the revised project site plan and in the elevations submitted on November 28, 2023. The fuel island canopy structure is a roofed structure only and as such, Section 3.10.B.2 is not applicable to this structure.

Section 3.10.B.3 specify façade fenestration standards that are applicable to the proposed project.

Section 3.10.B.3.a.i specifies that facades shall be designed to incorporate fenestration (windows and doors) per the amounts specified in Table 3.10-2 that for properties with the Mixed-Use Corridor designation requires 70 percent to 95 façade fenestration. Based on the submitted plan information, the proposed northern southern and western building elevation facades of the convenience market building do not appear to meet the façade fenestration requirement. Section 3.14.B.1.f.iii specifies that for limited land use facades over 100 feet in width are subject to the Façade Standards in Section 3.10.A.3. The three non-compliant façade elevations for the convenience market that is considered a limited land use pursuant to applicable provisions of the Specific Plan are less than 100 feet in width and therefore are not subject to the specified façade fenestration standards.

Section 3.10.3.b specifies the following standards:
i. Except for shopfront or bay windows, all glass shall be set back a minimum of four (4) inches back from the façade plane.
ii. Windows shall have an external reflectance of less than 15%, and a transparency higher than 80%. Opaque windows are prohibited.
iii. Non-operable shutters—known as ‘faux shutters’—are prohibited. iv. The horizontal distance between wall openings shall not exceed 15 feet within a façade or massing increment.

The project plans specify that glass storefront sections set back four (4) feet from façade elevation walls for compliance to Section 3.10.3.b.i of the Highway 111 Corridor Specific Plan. A condition of approval demonstrating compliance to Section 3.10.3.b.i prior to issuance of a building permit shall be specified to ensure compliance. A condition of approval demonstrating compliance to Section

3.10.3.b.iii prior to issuance of a building permit shall be specified to ensure compliance. The applicant has not specified that the horizontal distance between wall openings at the storefront at the front of the building is not separated by more than 15 feet for compliance with Section

3.10.3.b.iv. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration, the submittal of revised project plans demonstrating compliance to Section 3.10.3.b.iv of the Highway 111 Corridor Specific Plan.

The applicant addressed this condition on the revised project elevations submitted on November 28, 2023.

Section 3.10.4 (Façade Materials) specifies the following standards:
a. Fiberglass or plastic (false) architectural elements or ornamentations are prohibited. b. Materials used on shopfronts shall be smooth and non-abrasive to touch. c. Rough-cast and sand-finishes are prohibited on all building surfaces that are visible from a street.
d. Where more than one material is used for the façade, the heavier material shall be used below the lighter material (e.g., brick below siding, not vice versa). e. Modulations, color schemes, balconies, and other façade elements shall be consistent within an individual façade or within an individual Building Increment, when required per Section

3.10.A.2.

The applicant did not submit a digital or hard copy materials board that demonstrates compliance to Section 3.10.4.a-e. Therefore, a condition of approval was specified in the July 26, 2023

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 219 of 1555 version of this Resolution that prior to City Council review and consideration, detailed materials and finishes information demonstrating compliance to Section 3.10.4.a-e should be submitted.

The applicant addressed this condition on the revised project elevation drawings submitted on November 28, 2023 and also noted in an accompanying narrative that a physical version of the materials and color board will be provided at the Planning Commission’s December 13, 2023 regular meeting. Further, in order to assure on-going compliance to Section 3.10.4.a-e a general condition of approval demonstrating on-going compliance to Section 3.10.4.a-e is warranted.

Section 3.10.C (Frontages) address the space between the travel lanes of a street and the building, and including the building’s ground floor façade and is applicable to any new building, façade renovation, or building addition along a street or public open space in the Corridor Specific Plan area with minor exceptions to the standards herein allowed for Limited Uses, as defined in Section

3.14. As previously noted, the proposed convenience market and covered fuel island is considered a limited land use pursuant to Section 3.14 of the Specific Plan. As such, Section 3.10.C is not applicable to the project.

Section 3.10.D (Building Entry and Projecting Architectural Elements) and more specifically Section

3.10.D.2 specifies that new building designs shall include at least one (1) of the Required Building Entry Elements identified in Table 3.10-6. Section 3.10.D.4 specifies that all buildings shall provide entry via one of the following Building Entry Elements: Porch, Dooryard, Terrace, Stoop, Lobby Entry or Shopfront, as allowed by zone in Table 3.10-6 and that additional standards for each of these types are provided in subsections 3.10.D.4.a-f. The convenience market entrance is appropriately designated as a shopfront and is therefore subject to regulation by Section 3.10.D.4.f.

Based on the submitted plans, compliance to this Section cannot be determined. Therefore, a condition of approval was specified in the July 26, 203 version of this Resolution requiring the submittal of detailed to-scale and measurable plan information demonstrating compliance to Section

3.10.D.4.f. The applicant addressed this condition on the revised project site plan and elevation drawings submitted on November 28, 2023.

Section 3.10.D.3 specifies that all building entry and projecting architectural elements shall comply with the following requirements:
a. Materials, style, and design shall be consistent with the architecture of the building. b. Deep eaves, balconies, bay windows, and projected rooms of traditionally styled buildings shall have visible supports in the form of projecting beams or braces. Balconies on contemporary styled buildings shall not be required to have beams or braces. c. Landscaping shall be appropriate to the architecture and scale of the building.

The submitted plan documents demonstrate compliance to Section 3.10.D.3.a while Section

3.10.D.3.b is not applicable based on the commercial nature of the on-site buildings. The submitted plans did not include a separate detailed landscape plan or detailed landscape planting information on the site plan such that compliance to Section 3.10.D.3.c can be determined. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring the submittal prior to City Council review and consideration of a separate detailed landscape plan or detailed landscape planting information on the site plan demonstrating compliance to Section

3.10.D.3.c. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Section 3.11 (Private Signage) of the Specific plan specifies standards for private signage that is applicable to all new signs including on new buildings and renovations or additions to existing buildings. The submitted building rendering drawing, site plan and elevation drawings specify conceptual wall-mounted and free-standing signage. There is no detailed information provided such

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 220 of 1555 that compliance to Section 3.111 could be adequately determined. As such, compliance to Section

3.11 cannot be determined at this time. Therefore, a condition of approval is needed requiring demonstration of compliance to Section 3.11 for any and all wall-mounted, freestanding, menu and directional signage.

Section 3.12 (Parking) of the Specific Plan specifies standards for surface parking and structured parking including the number of parking spaces and parking design standards. Section 3.12.A.2.b specifies that compliance with the standards of Section 3.12 is not required when one or more of the following exists:
b. Compliance with these standards is not required in the following instances:
i. a change of use within an existing building; or
ii. an expansion of an existing building that does not result in an increase in floor area by more than 25 percent; or
iii. a replacement of an existing building that does not result in an increase in floor area by more than 25 percent.

The Project does not qualify for an exemption from Section 3.12.A.2.b and therefore, Section

3.12.B.1/Table 3.12-1 is applicable to the proposed project. This Table specifies that the on-site parking requirement for retail land uses is a minimum of 2 spaces per 1,00 square feet and a maximum of 4 spaces per 1,000 square feet. The submitted site plan specifies a total of 20 onsite parking spaces. The submitted site plan indicates that 10 parking spaces are proposed for the convenience market and 10 parking spaces are proposed for the fuel station use. The maximum allowed for the convenience market land use is 8 parking spaces. The fuel station use is intended only for vehicle gasoline filling. Therefore, it is not appropriate to construct 10 on-site parking spaces for this use. It is more reasonable to construct a maximum of 2 spaces.

Therefore, a conditional of approval was specified in the July 26, 2023 version of this Resolution requiring the submittal of a modified site plan prior to City Council review and approval specifying a maximum of 10 on-site surface parking spaces for compliance to Section 3.12.B.1/Table 3.12-

1. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Section 3.13.B.1.a specifies that utility access and equipment such as back-flow preventers, transformer boxes, gas and electric meters, and other utilities shall be placed within or adjacent to and be accessed from the alley, subject to the requirements and approval of the associated utility company. This Section further specifies that on lots with no alley, meters and similar equipment shall be located in underground vaults or in utility rooms/closets within buildings, were possible and that if such locations are infeasible, these services shall be located in inconspicuous locations along the sides of project sites and shall be thoroughly screened from public view. The submitted site plan does not specify whether there will be on-ground utility equipment such that compliance to Section

3.13.B.1.a can be determined. Further, the submitted site plan does not specify any detailed landscaping information nor is there a separately submitted landscaping plan. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration the submittal of a modified site plan specifying the location of any on-ground utility equipment together with detailed landscaping information on the site plan or a separate landscape plan addressing compliance to Section 3.13.B.1.a. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Section 3.13.B.2.a-c specifies the following: a) all mechanical and electrical equipment – including, but not limited to, air-conditioning units, antennas, garage door motors – whether roof-mounted, ground-mounted or otherwise, shall be screened from public view or located so as not to be visible from streets or open spaces. Such equipment and related screening shall be designed with

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 221 of 1555 materials and colors that conform to and are an integral part of the design of the building; b) mechanical equipment that generates noise, smoke or odors, shall not be located on or within 10 feet of a public right of way or any on-site common open spaces; and c) noise- and odor-generating equipment and containers shall be located in areas that will not create a nuisance to adjacent properties. The submitted site plans do not contain any detailed information such that compliance to Section 3.13.B.2.a-c can be determined at this time. Therefore, a condition of approval was specified in the July 26, 2023 of this Resolution requiring prior to City Council review and consideration the submittal of a modified site plan and associated detail information demonstrating compliance to Section 3.13.B.2.a-c. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023. Further, prior to certificate of occupancy, the applicant shall completely screen meaning not visible from Flower Street, Requa Street, Indio Boulevard and adjacent properties on the east, west and south on all sides via roof parapet walls or similar treatment all roof-mounted mechanical equipment. Prior to certificate of occupancy, the applicant shall enclose all electrical switchgear within an accessible closet space that will be further screened by landscaping as specified on the approved final landscape plan. Prior to certificate of occupancy, the applicant shall effectively screen from public view water and gas meters with landscaping specified on the approved final landscape plan.

Section 3.13.C (Grading & Site Walls) and more specifically Section 3.13.C.1-5 specifies standards for fences and walls. The submitted site plan does not specify the provision of any on-site fences or walls. If the applicant determines to install any on-site fences or walls, they shall be constructed in accordance with Section 3.13.C of the Highway 111 Corridor Specific Plan. The applicant clarified in the November 28, 2023 written narrative that there were no on-site fences or walls planned for this project.

Section 3.13.D (Lighting) specifies the following standards:

1. General to All
a. Site lighting shall be shielded by permanent attachments to light fixtures so that light sources are not visible from a public way and to prevent off-site glare. b. Specific to residential ground floors: site and building-mounted luminaires shall produce initial illuminance value no greater than 0.04 horizontal and vertical foot candles. c. Specific to nonresidential ground floors: site and building-mounted luminaires shall produce a maximum initial illuminance value no greater than 0.1 horizontal and vertical foot candles at the boundary with adjoining residential lots, and no greater than 0.01 horizontal foot candles 10 feet beyond that boundary.

2. Lighting Abutting the Public Realm. Lighting within surface parking lots, private frontages, and any other on-site open space that abuts a public right of way shall comply with the following standards:
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. b. No freestanding fixture shall exceed a height of 15 feet as measured from finished adjacent grade.
c. Light sources shall have a maximum output of no greater than 3,00 lumens. d. Required illuminance (in foot candles)
i. Max: 4.0
ii. Min: 0.2
iii. Max average: 0.8
iv. Uniformity ratio (max/min): 20/1
v. Uniformity ratio (average/min): 4/1

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 222 of 1555 The applicant did not submit a detailed photometric lighting plan prepared by a qualified professional demonstrating compliance to Section 3.13.D.1-2. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration the submittal of a detailed lighting plan prepared by a qualified professional demonstrating compliance to Section 3.13.D.1-2. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Section 3.13.E.1.a-g specifies the following standards:
a. Where front yards are landscaped, individual paths to the sidewalk shall be provided for each entrance.
b. Allowed species. Trees and Plant material shall be native to the Sonoran Desert, or adaptive from regions with similar arid climates (such as the Mojave Desert). c. Invasive species. Invasive plant species shall be prohibited. d. Desert-adapted plants. All plants shall be water-conserving, drought-tolerant plants. e. Green screens. Landscape shall be used to soften walls and fences and provide green screens, where appropriate, between residential and nonresidential buildings. f. Climate mitigation. Trees, shrubs, hedges, and deciduous vines are encouraged to be used to minimize solar heat gain during the summer and maximize heat gain during the winter. g. Crime Prevention through Environmental Design (CPTED). All landscape plans shall be reviewed by a CPTED-qualified member of the Indio Police Department.

The applicant did not submit a landscape plan demonstrating compliance to Section 3.13.E.1.ag. Therefore, a condition of approval was specified in the July 26, 203 version of this Resolution requiring prior to City Council review and approval the submittal of a landscape plan demonstrating compliance to Section 3.13.E.1.a-g of the Highway 111 Corridor Specific Plan.

The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Section 3.13.E.1.h specifies the following standards:
i. Stair treads. Exterior stair risers and treads shall be constructed of durable and permanent materials and in a manner that is consistent with the design of the rest of the building. ii. No grass/turf shall be allowed; only desert-appropriate landscaping shall be allowed. iii. Paving materials should be decorative and complementary to the main building design. iv. Where hardscape is used, permeability shall be incorporated into the design.

Regarding Section 3.13.E.1.h.i, the proposed project does not propose any stair treads.

Regarding Section 3.13.E.1.h.ii-iv, the applicant did not submit a landscape plan demonstrating compliance to Section 3.13.E.1.h.ii-iv. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and approval the submittal of a landscape plan demonstrating compliance to Section 3.13.E.1.h.ii-iv of the Highway 111 Corridor Specific Plan. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Section 3.13.E.1.i specifies the following standard:
i. New landscapes shall comply with state and City requirements for Water Efficient Landscapes.

Regarding Section 3.13.E.1.i, the applicant did not submit a landscape plan demonstrating compliance to Section 3.13.E.1.i. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and approval the submittal

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 223 of 1555 of a landscape plan demonstrating compliance to Section 3.13.E.1.i of the Highway 111 Corridor Specific Plan. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Section 3.13.E.1.j specifies the following standard:
j. Irrigation. Permanent and automatic irrigation systems shall be provided for all landscaped areas per the City’s Water Efficient Landscaping Ordinance.

Regarding Section 3.13.E.1.j, the applicant did not submit a landscape plan demonstrating compliance to Section 3.13.E.1.j. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and approval the submittal of a landscape plan demonstrating compliance to Section 3.13.E.1.j of the Highway 111 Corridor Specific Plan. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Section 3.13.F (Stormwater) specifies the following:

General to All
a. Ground water recharging and stormwater runoff limits shall be facilitated on all parts of new building sites. See NACTO’s Urban Street Stormwater Guide and the Light Imprint Handbook, by Thomas E. Low; Possible strategies include:
i. Rain gardens and vegetated bioswales that convey and infiltrate rainwater. ii. Pervious pavement that allows stormwater to infiltrate directly into the ground below. b. Stormwater management shall be provided through a system that is integral to streetscapes (swales within medians or parkways) and/or open space(s) in the development. These areas shall double as visual features and be accessible to the public.

The applicant has not provided detailed information demonstrating compliance to Section 3.13.F (Stormwater). Therefore, a condition of approval requiring that Section 3.13.F (Stormwater) of the Highway 111 Corridor Specific Plan be addressed as part of the required Water Quality Management Plan review process managed by the City’s Engineering Division prior to the issuance of a grading permit is warranted.

Section 3.14 (Limited Uses in the MU-C Zone) specifies standards for Limited Land Uses within the boundaries of the Specific Plan. Section 3.14.2.a-i address applicability of the standards in this Section including but not limited to applying only to properties in the Mixed Use Corridor zone, limited land uses consisting of freestanding single-use (pad) commercial buildings with and without drive-through service facilities, office/light industrial buildings, adaptive re-use of existing commercial/industrial buildings and parking lots that occupy greater percentages of one or more street frontages than prescribed by the standards of Sections 3.8 and 3.12. The standards of this section do not exempt a proposed development from the Subdivision & Public Realm Network Completion standards of Section 3.6. Also, the standards in this section do not exempt a proposed development from the location-specific commercial-use requirements of the MU-C Zone. The Illustrative Site Plan specifies potential limited land uses within the MU-C zone portion of the project site. As such, the review and approval for these uses will be subject to future compliance with applicable provisions of Section 3.14 and will be subject to both Planning Commission and City Council review and approval.

Section 3.14.B.1 specifies standards that are applicable to all limited land uses comprised of:

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 224 of 1555 a. Building Use. Specific land uses allowed for “Limited Uses” in the MU-C Zones are listed in Section 3.5, along with the planning permit type required for approval of each use. Any use not listed in this section shall be considered “Not Permitted.” b. Locations. Concentrations of commercial uses should be at the same node locations specified in the General Standards for the Mixed-use Corridor Zone. c. Building Placement
i. Buildings shall be oriented toward the sidewalk, meaning that the primary entrance (and/or a walk-up service window) is provided directly from the sidewalk. ii. Building facades shall be located parallel to and near the frontage sidewalk to promote visibility and pedestrian access into businesses and to help provide spatial definition of the public realm.
iii. If located on a corner lot, the building shall be located at the corner, fronting both streets. iv. The Frontage Buildout requirements listed in Table 3.8-1 may be waived for provided buildings are in conformance with the requirements of the rest of this Section. d. Access
i. Simple and direct pedestrian access to the main building entrance from the sidewalk must be provided. The main entrance shall not be located on a façade facing opposite the Corridor and must be located to face Highway 111 or a pedestrian-oriented open space that is open to and directly accessible from Highway 111.
ii. Secondary pedestrian access to the building may be provided from adjacent parking lots. iii. The walkway leading from the sidewalk to the main entrance shall be wide and welcoming, per the Public Frontage Standards of Section 3.7.C.4.
iv. Setback areas shall be designed per the on-site sidewalks, landscaping, and lighting standards of Section 3.13, Site Standards and Guidelines. e. Building Height. Building height: 16’ minimum (to eaves). f. Building Massing, Frontage, and Facades
i. The architecture of the building shall provide large openings that clearly convey that the façade facing the street - particularly facades facing 111 - is the front of the building, regardless of where the main building entry is located.
ii. For Façade fenestration requirements see Section 3.10.B.3. iii. Facades over 100’ in width are subject to the Façade Standards in Section 3.10.A.3. g. Parking & Circulation
i. The visual impact of surface parking shall be mitigated to maintain the desired street character (see UDC Chapter 3.03, Parking Standards).
ii. Surface parking shall generally be located behind the building and screened by the building mass, low walls, pergolas, and/or landscaping.
iii. A limited amount of on-site parking is permissible along the side of the building, adjacent to the front sidewalk along 111 as a Parking Court (see Section 3.11.D.3.a.) but is prohibited from being located between the building and the Corridor sidewalk, per UDC Chapter 3.03, Parking Standards.
iv. Vehicular entrances to the site shall be located as far as practical from street intersections to allow adequate stacking room.
v. Vehicular entrance curb cuts shall be limited to one per adjacent street, and wherever possible should be located on common property lines to provide access from one driveway to at least two properties.
vi. To further reduce traffic congestion and parking demand, sidewalks for comfortable pedestrian access shall be provided between adjacent buildings and properties. And wherever feasible, reciprocal vehicular access between adjacent parking areas shall also be provided.

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 225 of 1555 Regarding Section 3.14.B.1.a, the project is identified as a limited land use and is subject to conditional use permit approval from the City Council as well as concurrent Planning Review approval from the City Council. Regarding Section 3.14.B.1.b, the project proposes new commercial buildings in a built-up area of the City covered by the Highway 111 Corridor Specific Plan.

Regarding Section 3.14.B.1.c.i, the submitted plans specify the primary door entrance for the convenience market on the building's eastern building elevation, however, the building's western elevation is located directly adjacent to the existing sidewalk on Flower Street. As currently proposed, the project as proposed does not comply with Section 3.14.B.1.c.i. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration, the submittal of revised project plans demonstrating the location of primary building entrance for the convenience market on the building's western elevation. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Regarding Section 3.14.B.1.c.ii, the convenience market building façade is located parallel to Flower Street and the fuel station canopy structure is parallel to Indio Boulevard. Therefore, the project as currently proposed complies with Section 3.14.B.1.c.ii.

Regarding Section 3.14.B.1.c.iii, the subject property is a corner lot and as such, the convenience market building should be located at the corner of Flower Street, Requa Avenue and Indio Boulevard. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring to City Council review and consideration, the submittal of revised project plans specifying the location of the convenience market at the corner of Flower Street, Requa Avenue and Indio Boulevard for compliance to Section 3.14.B.1.c.iii. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Regarding Section 3.14.B.1.c.iv, the lack of conformity to Table 3.8-1 has been previously addressed and the project as proposed was found to be in compliance with this Table. Therefore, compliance to Section 3.14.B.1.c.iv is also achieved.

Regarding Section 3.14.B.1.d.i, the primary door entrance for the convenience market on the building's eastern building elevation, however, the building's western elevation is located directly adjacent to the existing sidewalk on Flower Street. As currently proposed, the project as proposed does not comply with Section 3.14.B.1.c.i. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration, the submittal of revised project plans demonstrating the location of primary building entrance for the convenience market on the building's western elevation. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Regarding Section 3.14.B.1.d.ii, the primary door entrance for the convenience market on the building's eastern building elevation, however, the building's western elevation is located directly adjacent to the existing sidewalk on Flower Street. As currently proposed, the project as proposed does not comply with Section 3.14.B.1.c.i. Because the fuel island canopy is located immediately east of the convenience market, it is likely that a secondary access will need to be provided to allow fuel canopy users convenient access to the building. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration, the submittal of revised project plans demonstrating the location of a secondary building entrance for the convenience market on the building's eastern elevation. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 226 of 1555 Regarding Section 3.14.B.1.d.iii, the submitted plans specify approximately 3-foot-wide on-site pedestrian connections from Flower Street and Indio Boulevard to the convenience market building.

A 3-foot-wide on-site pedestrian connection is neither wide nor welcoming. Rather, these connections should be a minimum of 5-feet-wide to comply with Section 3.14.B.1.d.iii. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration the submittal of revised project plans specifying a minimum 6- foot-wide on-site pedestrian connections from Flower Street and Indio Boulevard. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Regarding Section 3.14.B.1.d.iv, the proposed on-site setback areas have been designed in accordance with applicable provisions of Section 3.13, Site Standards and Guidelines.

Regarding Section 3.14.B.1.e, the proposed convenience market building height is 19.7 feet and the proposed fuel island canopy height is 30.1 feet, both of which exceed the minimum 16-foot height standard and as such, the project complies with this Section.

Regarding Section 3.14.B.1.f.i, the western building elevation facing Flower Street does not have windows and a door indicating that this is the front of the building and as such, the project does not comply with Section 3.14.B.1.f.i. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration the submittal of revised project plans demonstrating compliance to Section 3.14.B.1.f.i of the Highway 111 Corridor Specific Plan. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Regarding Section 3.14.B.1.f.ii, the project was previously analyzed for compliance to Section

3.10.B.3 and appropriate conditions of approval to address this compliance have been recommended. Regarding Section 3.14.B.1.f.iii, there is one (1) on-site structure that has a façade length of 40 feet and as such, this Section is not applicable to the proposed project.

Regarding Section 3.14.B.1.g.i, the applicant did not provide substantive site plan, landscape plan and other plan information to assess compliance to this Section. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration the submittal of a revised site plan and/or detailed landscape plan demonstrating compliance to Section 3.14.B.1.g.i of the Highway 111 Corridor Specific Plan. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Regarding Section 3.14.B.1.g.ii, the proposed on-site surface parking areas are located along with the southern and eastern portions of the property. The applicant did not provide substantive site plan, landscape plan and other plan information to assess compliance to this Section. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration the submittal of a revised site plan and/or detailed landscape plan demonstrating compliance to Section 3.14.B.1.g.ii of the Highway 111 Corridor Specific Plan.

The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Regarding Section 3.14.B.1.g.iii, there is no on-site parking proposed between the building and the and sidewalk as currently proposed and as such, the project complies with this Section.

Regarding Section 3.14.B.1.g.iv, there are two vehicle entrances proposed for the site. One entrance is located on Flower Street and the other entrance is located along Indio Boulevard. The

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 227 of 1555 City Engineer has evaluated these proposed entrances and has found them to be in compliance with the City's engineering standards and therefore, the project complies with this Section.

Regarding Section 3.14.B.1.g.v, the project proposes to utilize the existing vehicle entrance curb cut onto Highway 111 that is also utilized by the property to the immediate east and as such, the project complies with this Section. Regarding Section 3.14.B.1.g.vi, the existing sidewalk on Highway 111 provides pedestrian access between the subject property and the properties immediately west and east of this property. At present, there are cross-circulation easement agreements between the subject property and the properties immediately west and east of this property. As such, the project complies with Section 3.14.B.1.g.vi.

Section 3.14.C.1-3 specifies standards that are applicable to all limited land uses comprised of:

1. Intent and Applicability. The intent of these standards is to ensure that:
a. New freestanding commercial buildings shall contribute to the overall pedestrian experience and quality of life within the Corridor, while minimizing any negative impacts to the mixed-use urban character envisioned for the Corridor.
b. New buildings that provide drive-through facilities operate efficiently while minimizing the negative impacts on traffic, pedestrian safety, and street character. No part of a drive-through facility may interfere with clear and safe pedestrian access to the building’s main entrance, nor detract from the building’s frontage character facing the Corridor.

2. Freestanding Commercial Building Standards
a. Frontage
i. Active uses (retail, dining, bar, etc.) shall be located along the street-facing façade, with fenestration as required in Section 3.10.B and 3.10.C to render business activity clearly visible from the street.
ii. Active outdoor spaces (dining, gathering, etc.) are encouraged, and when provided shall be located so as to be clearly visible from 111 and/or other streets. iii. Outdoor dining areas shall be defined by low fences and/or low landscaping. Where adjacent to the drive-through stacking aisle, a landscape buffer of at least six (6) feet in width shall be provided. See Section 3.13 (Site Standards) for additional requirements. iv. Encroachments. Sun-shading devices (awnings, canopies, porches, pergolas, umbrellas, trees, etc.) shall be provided over any active outdoor spaces to provide a more comfortable, user-friendly environment. See requirements in Section 3.10.D (Projecting Architectural Elements), and Section 3.13 (Site Standards).

3. Drive-Through Facilities Standards
a. Permit requirements. Drive-through facilities - as defined in the UDC - shall require a Conditional Use Permit and are permitted only within the Mixed-Use Corridor Zone. b. Access
i. To the greatest extent possible, driveways providing access to or egress from a drive-through service lane shall also provide access to the customer parking lot. ii. Drive-through lanes adjacent to the building shall be screened from the Highway 111 Corridor and all sidewalks by the building mass, low walls (3’-4’ tall), pergolas, and/or landscaping. See Figures 3.14-2 for preferable configurations. Drive-through lanes elsewhere on the site shall be screened from the street in the manner required for parking lots. iii. Locating the drive-through lane between a building and the Highway 111 Corridor sidewalk is strongly discouraged. However, if there is no other alternative, a clearly marked pedestrian walkway shall provide clear access from the sidewalk, across the drive-through lane, to the building entrance (see Figure 3.14-3). The pedestrian walkway shall be designed as a crosswalk, including signage and cues such as striping or material changes. c. Frontage

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 228 of 1555 i. If a drive-through lane is located between the building and the Corridor sidewalk, the drivethrough shall be integrated into the building design via a “faux” façade or screen wall built between the drive-through lane and the sidewalk that shall either be built to look like an extension of the primary building and made of the same material, or be built as an arcade or pergola addition to the primary building. The façade or screen wall must present a generally open, fenestrated appearance meeting the intent of Façade requirements in Section 3.10.B while also substantially screening views of idling vehicles, by spanning the entire length of the primary façade(s) facing the sidewalk (see Figure 3.14-3).
d. Parking
i. Drive-through lanes shall be physically separated from the parking lot by low walls (3’ to 4’ tall), pergolas, and/or landscaping (See Figures 3.14-2 and 3.14-3). ii. If a drive-through lane is located between the building and the parking lot, a clearly marked pedestrian crossing across the travel lane shall connect the parking lot to the building entrance.

Regarding Section 3.14.C.1.a, the project is comprised of a free-standing convenience market building and a fuel island canopy structure with fuel dispensers. The convenience market building is located immediately adjacent to Flower Street and the fuel island canopy is located in close proximity to Indio Boulevard. The project as conceived does not fully contribute to the overall pedestrian experience and quality of life within the Corridor, however, because of the subject parcel’s irregular shape, the project is reasonably limited in comprehensively addressing Section 3.14.C.1.a.

Regarding Section 3.14.C.2.a.i, the convenience market is located along Flower Street and the fuel island canopy structure is located along Indio Boulevard. As previously noted, the project does not fully comply project with relevant elements of Section 3.10.B-C. Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration, the submittal of revised project plans demonstrating compliance to Section 3.10.B-C of the Highway 111 Corridor Specific Plan. The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Regarding Section 3.14.C.2.a.ii, the submitted site plan proposes an outdoor seating area on the north side of the convenience market building. Therefore, the project as proposed complies with this Section.

Regarding Section 3.14.C.2.a.iii, the submitted site plan proposes an outdoor seating area on the north side of the convenience market building. However, the submitted site plan does not specify the provision of low fences and/or low landscaping as specified in this Section.

Therefore, a condition of approval was specified in the July 26, 2023 version of this Resolution requiring prior to City Council review and consideration, the submittal of revised project plans demonstrating compliance to Section 3.14.C.2.a.iii of the Highway 111 Corridor Specific Plan.

The applicant addressed this condition on the revised project site plan submitted on November 28, 2023.

Regarding Section 3.14.C.2.a.iv, the submitted site plan proposes an outdoor seating area on the north side of the convenience market building. This Section requires sun-shading devices (awnings, canopies, porches, pergolas, umbrellas, trees, etc.) shall be provided over any active outdoor spaces to provide a more comfortable, user-friendly environment. Therefore, a condition of approval is warranted under General Conditions of Approval requiring on-going compliance with Section 3.14.C.2.a.iv for the outdoor seating area.

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 229 of 1555 ATTACHMENTS:

Attachment1_ResolutionNo10415_IndioGasStationUrbanPlazaCUPPRR Attachment2_ProjectInfoMap
Attachment3_ProjectSitePlan
Attachment4_ProjectLandscapePlan
Attachment5_Project CEQA Class 32 ExemptionJustification Attachment6_ProjectBuildingElevations
Attachment7_ProjectRendering1
Attachment8_ProjectRendering2
Attachment9_ProjectRendering3
Attachment10_ProjectRendering4
Attachment11_ProjectFloorPlan+TrashEnclosureDetail
Attachment12_ProjectRoofPlan
Attachment13_ProjectConceptualGradingPlan
Attachment14_ProjectPhotometricLightingPlan
Attachment15_ProjectWQMP
Attachment16_ProjectWQMP Report
APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 10 Jan 2024 Steven Graham, City Attorney Approved - 11 Jan 2024
Javier Estrada, Senior Accountant Approved - 11 Jan 2024 Bryan H. Montgomery, City Manager Approved - 11 Jan 2024

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 230 of 1555 1 RESOLUTION NO. 10415

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

GRANTING CONDITIONAL APPROVAL FOR THE CONDITIONAL USE PERMIT AND

PLANNING REVIEW PERMIT FOR THE INDIO GAS STATION URBAN PLZA PROJECT (CASE FILE NO. CUP 22-12-1078/DR 22-05-500) ON ASSESSOR’S PARCEL NUMBER (APN) 611-373-041 LOCATED EAST AND SOUTH OF THE

INTERSECTON OF INDIO BOULEVARD, REQUA AVENUE AND FLOWER STREET PURSUANT TO THE PROVISIONS OF THE HIGHWAY 111 CORRIDOR SPECIFIC PLAN ADOPTED BY THE INDIO CITY COUNCIL ON SEPTEMBER 21, 2022 AND APPROVING THE APPLICATION OF A CLASS 32 “INFILL” CATEGORICAL EXEMPTION DETERMINATION PURSUANT TO SECTION 15332 OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND MAKING

A FINDING OF CONSISTENCY WITH THE PROGRAM FINAL ENVIRONMENTAL IMPACT REPORT (PFEIR) FOR THE GENERAL PLAN 2040 CERTIFIED BY THE INDIO CITY COUNCIL ON SEPTEMBER 18, 2019 PURSUANT TO SECTION 15183 OF

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND

DETERMININMG NO ADDITIONAL ENVIRONMENTAL REVIEW IS REQUIRED FOR

THE AFOREMENTIONED PROJECT
WHEREAS, on September 21, 2022, the City Council conducted a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan, reviewed the staff report, accepted and considered public testimony and approved Resolution No. 10326 adopting the Highway 111 Corridor Specific plan and repealing the Central Highway 111 Corridor Specific Plan and the Mixed-Use Specific Plan-300 (MUSP-300); and, WHEREAS, on September 21, 2022, the City Council approved Resolution No. 10325 making a finding of consistency with the Program Final environmental Impact Report (PFEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the adoption of the Highway 111 Corridor Specific Plan; and, WHEREAS, Hayward Pardue and Puru Amin, 76405 Highway 111 Suite 9-139 La Quinta, CA 92253, represented by PBLA Engineering Attn: Hayward Pardue, 76405 Highway 111 Suite 9-139 La Quinta, CA 9225 submitted a land use entitlement application on May 4, 2022 for the development of an 8-pump gas station with covered fuel island canopy inclusive of two (2) electrical charging stations, 3,060 square-foot convenience market, on-site parking and landscaping on a 0.87-acre parcel at the corner of Indio Boulevard, Requa Avenue and Flower Street on Assessor’s Parcel Number 611- 373-041 ; and,
WHEREAS, PBLA Engineering on behalf of its clients has requested Conditional Use Permit and Planning Review Permit approvals pursuant to the regulatory provisions of the adopted Highway 111 Corridor Specific Plan; and, WHEREAS, Section § 15168 (c)(2) of the California Environmental Quality Act (CEQA) Guidelines specifies that if the agency finds that pursuant to Section § 15162, no

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 231 of 1555 2 subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental documentation would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making the determination include, but are not limited to, consistency of the later activity with the type of allowable land use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the Program EIR; (PFEIR) and, WHEREAS, Section § 15162 of the California Environmental Quality Act (CEQA) Guidelines specifies the following: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative; and,
WHEREAS, Section § 15162 (b) of the California Environmental Quality Act (CEQA) Guidelines specifies that if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation; and,
WHEREAS, Section §15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) states that additional environmental review is not required for projects “which are consistent with the development density established by existing zoning, community plan,

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 232 of 1555 3 or general plan policies for which an EIR was certified”, except as might be necessary to determine whether there are project-specific significant effects; and, WHEREAS, on September 18, 2019, the Indio City Council certified the Program Final Environmental Impact Report (PFEIR) for the General Plan 2040 through its adoption of Resolution No. 10106. This FEIR was prepared as a program EIR; and, WHEREAS, pursuant to CEQA Guidelines Sections 15162, 15168 and 15183, the Community Development Director for the City of Indio, acting as the lead agency representative, determined that the Indio Gas Station Urban Plaza Project is within the scope of the PFEIR for the General Plan 2040 as the Project will substantively implement the General Plan 2040’s vision, intent, policies and goals and the signage and zoning amendments are intended to make these regulations consistent with the General Plan.

Therefore, the Community Development Director has determined that no new environmental documentation is required; and,
WHEREAS, on July 12, 2023, the City mailed written notices of the public hearing for the July 26, 2023 Planning Commission public hearing for the Indio Gas Station Urban Plaza Project to all property owners within 500 feet of the perimeter of the subject properties and published a legal notice of public hearing in the Desert Sun, the newspaper of record, on July 14, 2023; and,
WHEREAS, on July 26, 2023, 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; and,
WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission directed the applicant to fully address recommended conditions of approval to the City Council and continued the public hearing to a date and time certain of August 25, 2023; and,
WHEREAS, at the request of the applicant, the Planning Commission continued to a date and time certain the public hearing on August 25, 2023 to September 27, 2023 and then continued the public hearing on September 27, 2023 at which the applicant requested that the Planning Commission continue the item to a date and time certain; and,
WHEREAS, following the September 27, 2023 Planning Commission meeting, the applicant requested to be placed on the October 11, 2023 Planning Commission meeting for which a public hearing notice was published in the Desert Sun on November 30, 2023 and mailed notice was conducted to property owners of record within 500-feet on all sides; and,
WHEREAS, the applicant requested that the October 25, 2023 public hearing be continued to a date and time uncertain; and,

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 233 of 1555 4 WHEREAS, the applicant requested to be placed on the December 13, 2023 Planning Commission meeting agenda for which a public hearing notice was published in the Desert Sun and mailed notice was conducted on November 30, 2023; and, WHEREAS, the applicant resubmitted written and plan information on November 28, 2023 that was found by the Planning Services Division of the Community Development Department to be in substantial conformance with applicable provisions of the Highway 111 Corridor Specific Plan and substantively addressed the previous recommended conditions of approval to the City Council that the Planning Commission requested be addressed fully before the Planning Commission made its recommendation to the City Council; and,
WHEREAS, on December 13, 2023, the Planning Commission held a duly noticed continued 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; and,
WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission approved this Resolution recommending to the City Council for the City of Indio, California the conditional approval of the Conditional Use Permit and Planning Review Permit for the Indio Gas Station Urban Plaza Project with the motion vote outcome specified in the meeting minutes for the December 13, 2023 Planning Commission meeting; and,
WHEREAS, the City published a legal notice of public hearing in the January 5, 2024 edition of the Desert Sun, the newspaper of record, for the January 17, 2024 City Council public hearing; and,
WHEREAS, on December 20, 2023, the City mailed written notices of the public hearing for the January 17, 2024 City Council public hearing for the Starbucks DriveThrough Restaurant Project to all property owners within 500 feet of the perimeter of the subject properties; and,
WHEREAS, following the conclusion of the public hearing and discussion, the City Council approved this Resolution granting the conditional approval of the Conditional Use Permit and Planning Review Permit land use entitlement applications (Case File No. 23- 06-57) for the Starbucks Drive-Through Restaurant Project with the motion vote outcome specified in the meeting minutes for the January 17, 2024 City Council meeting.

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

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

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 234 of 1555 5 Section 2. The City Council finds that the Project qualifies for a Class 32 “Infill” Categorical Exemption pursuant to Section 15332 of the California Environmental Quality Act (CEQA) because: a) the project has been determined to be consistent or can be made consistent with the application of conditions of approval with the City of Indio General Plan 2040 (adopted September 18, 2019) and the City of Indio Highway 111 Corridor Specific Plan (adopted September 21, 2022); b) the project is to be situated on an existing parcel of land located within the city limits of the City of Indio in an existing urbanized area that is 37,897 square feet or 0.87 of an acre in size that is below the statutorily specified requirement of no more than five (5) acres; c) the project site has no value as habitat for endangered, rare or threatened species and is located in a heavily urbanized area surrounded by existing non-residential development; d) the project is consistent or can be made consistent with the application of conditions of approval with the City of Indio General Plan 2040 (adopted September 18, 2019) and the City of Indio Highway 111 Corridor Specific Plan (adopted September 21, 2022) and approval of the project would not result in any significant effects related to traffic noise, air quality or water quality that have not already been previously analyzed and/or that cannot be mitigated with the application of relevant conditions of approval; and e) agencies providing public or private utilities and/or public services have determined that the project can be adequately served based on existing service features or the application of conditions of approval to enhance or expand service features.

Section 3. The City Council hereby makes a Finding of Consistency that the Project is within the scope of the certified Program Environmental Impact Report (PFEIR) for the General Plan 2040 as the Project will substantively implement the General Plan 2040’s vision, intent, policies and goals. Therefore, the City Council finds that no new environmental documentation is required pursuant to CEQA Guidelines Sections 15162, 15168 and 15183.

Section 4. Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, the City Council finds the following:

Findings:

1. The General Plan 2040 specifies a Mixed-Use Neighborhood (MUN) land use designation for the project site. The MUN land use designation is intended to provide moderate- to higher-intensity neighborhood development that features a variety of multifamily housing choices and limited neighborhood-serving commercial uses in a walkable environment and allows commercial development along major streets and adjacent to a neighborhood center. Primary land uses for this designation include a range of single-family and multi-family residential uses, parks and recreation, mixed use (retail/office, retail/residential, office/residential, and neighborhood-serving retail, general commercial, services, entertainment, live/work, and office. Secondary land uses include public facilities, guest houses, places of worship, schools, family day care homes, public facilities, and others which are determined to be compatible with and oriented toward serving the needs of neighborhoods may also be allowed.

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 235 of 1555 6 Secondary uses should be focused along mixed-use corridors or at the edges of centers. The project is proposing a convenience market, fuel station and future retail development pad area with associated on-site improvements that are generally classified as neighborhood serving retail and/or general commercial.

2. Policy LU-1.1 (Overall City Structure) of the General Plan 2040 specifies that a clearly defined City structure will be partially established by creating mixed-use corridors along Highway 111, Monroe Street, Avenue 42, and Avenue 44 that contain a mix of retail, service, office, and residential uses. Corridors should have defined nodes that provide a mix of local- and regional-serving uses. The project is comprised of a convenience market, fuel station and future retail development pad area and associated on-site improvements. The project site is located approximately 500 feet north of Highway 111 and is located along Indio Boulevard, both of which are mixed use corridors.

3. The City of Indio City Council adopted the Highway 111 Corridor Specific Plan on September 21, 2022. The stated goal of this Specific Plan is: “The City will utilize this Specific Plan as strategic action plan to attract, enable and guide market based economic development to deliver new housing, employment, and public improvements along this important city center corridor, in patterns and forms that systematically realize the long-term vision for central Indio, one project and one improvement at a time.” The subject property proposed for the Indio Gas Station Urban Plaza Project is currently vacant and undeveloped. It is adjacent to existing developed properties to the south, west and east comprised of mini-storage and automotive repair, recreational vehicle, light industrial and office uses.

4. The Vision Statement for the Highway 111 Corridor Specific Plan is ”The Highway 111 Corridor will be transformed from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the city of Indio - respecting the Corridor’s history and context, building on its existing amenities, reflecting community desires, and leveraging evolving economic opportunities for the benefit of the entire community.” The proposed Indio Gas Station Urban Plaza Project is an auto-oriented land use. As a stand-alone auto oriented land use, it does not by itself contribute to a lively dynamic center of social, cultural and economic activity for the City of Indio. However, the Specific Plan has identified certain limited land uses in the Mixed-Use Corridor (MU-C) zoning designation that are conditionally allowed in recognition that the transformation of the Corridor will likely take significant time and to balance the Corridor’s transformation with the economic development needs and interests of the City and private property rights.

5. The proposed project is being evaluated for consistency with applicable provisions of the Highway 111 Corridor Specific Plan and is being processed as Conditional Use Permit and Planning Review Permit land use entitlement applications. Pursuant to Table 3.4.2 of the Specific Plan, the subject site is located within Subarea 25 that is in turn has been an assigned regulatory designation consisting of Mixed-Use Corridor Zone. Further, these uses are considered a Limited Land Use in the Mixed-Use

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 236 of 1555 7 Corridor (MU-C) zoning designation pursuant to Section 3.14 of the Plan and are subject to extraordinary review and approval procedures consisting of a public hearing before the Planning Commission that will issue a recommendation to the City Council and the City Council that will hold its own public hearing and make a final decision.

6. Pursuant to Section 3.4.C.2 of the Specific Plan, the Mixed Use Corridor Zone is intended to implement the vision for Highway 111 to evolve into a mixed-use central boulevard - characterized by strong urban buildings with active ground-floor uses and frontages that provide services and amenities to the adjacent neighborhoods, inject the corridor with daily human activity, and establish a clear and attractive identity for the corridor that is unique to the City of Indio. Section 3.14 of the Plan. Section

3.14.A,1 of the Plan specifies that the General Plan defines a vision for Boulevard 111 that is characterized by 3 to 6 story urban buildings, built close to and facing 111, with active, human-scale, pedestrian-oriented ground floor frontages, and windows on all floors overlooking the street. The Mixed-Use Corridor Zone is intended to deliver that vision and requires that buildings within 200 to 300 feet of 111 be at least 3 stories in height. Such buildings are to be built along over 50% of corridor frontages to provide strong spatial definition for Boulevard 111 and to deliver relatively high intensities of housing, employment, and commercial uses in the center of Indio. This Plan recognizes that many of the existing 1- and 2-story buildings along the corridor may remain for an indefinite period of time, and that current and near-term market forces may not support the feasibility of 3-story and greater development within some properties within the Mixed-Use Corridor Zone. In order to enable market forces to attract near-term reinvestment to the Mixed-Use Corridor Zone - while also ensuring that over time the vision for that Zone is realized - this Section provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea - defined herein as “Limited Uses” - may be approved in the MixedUse Corridor Zone through the Administrative Use Permit (AUP) or Conditional Use Permit (CUP) process. Based on the preceding intent, the Planning Commission and City Council may consider the proposed convenience market and fuel station land uses as interim land uses until such time that market forces enable successful redevelopment of the subject site with land uses that are consistent with the vision of the Highway 111 Corridor Specific Plan. It should be further noted that the irregular shape of the parcel and the relatively small size of the property would limit significant mixed-use development of the site.

7. Section 3.5 (Allowed Uses) of the Specific Plan addresses allowed land uses within the boundaries of the Specific Plan and corresponding permit requirements for each regulatory zone, as applicable. Table 3.5-1 (Allowed Uses) specifies that fuel stations are a conditional use permit and an aforementioned Limited Land Use in the MU-C zoning designation. This Table further specifies that convenience markets are generally an administrative use permit and a Limited Land Use, however, when combined with a fuel station land use, both uses are considered land uses subject to issuance of a conditional use permit approval from the City Council following review and issuance of a recommendation by the Planning Commission.

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 237 of 1555 8 8. Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) specifies that this Chapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC), where noted.

In cases where this Chapter is silent, the requirements of the IMC or UDC shall apply (as prescribed in those documents). In cases where there is conflict between the requirements of this Chapter and those of the IMC or UDC, the requirements of this Chapter shall supersede.

9. Section 3.2.G.3.A (Council Approval Required) of the Specific Plan specifies that the following Limited Uses shall require City Council approval inclusive of fueling stations, car washes and any use including a vehicular drive-through. Because the proposed fueling station is combined with a convenience market, both land uses are subject to the issuance of a conditional use permit approval from the City Council.

10.The adopted Specific Plan does not specifically list the require findings for the consideration of the issuance of a conditional use permit approval, therefore, pursuant to Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code), applicable provisions of the City’s Unified Development Code for consideration of conditional use permits shall apply.

11.Section 6.04.04.F.1-6 of the City of Indio Unified Development Code comprise the required findings for a conditional use permit land use:

1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code;

2. The proposed use is consistent with the General Plan and any applicable Specific Plan;

3. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

4. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code;

5. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

6. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

12.Regarding Section 6.04.04.F.1, Section 3.5 (Allowed Uses) of the Specific Plan addresses allowed land uses within the boundaries of the Specific Plan and corresponding permit requirements for each regulatory zone, as applicable. Table 3.5- 1 (Allowed Uses) specifies that fuel stations are a conditional use permit and an aforementioned Limited Land Use in the MU-C zoning designation. This Table further specifies that convenience markets are generally an administrative use permit and a Limited Land Use, however, when combined with a fuel station land use, both uses are considered land uses subject to issuance of a conditional use permit approval from

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 238 of 1555 9 the City Council following review and issuance of a recommendation by the Planning Commission. Section 3.3 (Glossary) of the Specific Plan defines a limited use as a development that provides neighborhood serving amenities (including job-creation) along the corridor, but that does not meet all of the form-based standards of the MUC Zone and may be considered an impermanent use of the land until it is redeveloped to its highest allowed density. Section 3.14.1 (Limited Uses in the MU-C Zone – Intent) of the Specific Plan states that in order to enable market forces to attract near-term reinvestment to the Mixed-Use Corridor Zone - while also ensuring that over time the vision for that Zone is realized - this Section provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea - defined herein as “Limited Uses” - may be approved in the Mixed-Use Corridor Zone through the Administrative Use Permit (AUP) or Conditional Use Permit (CUP) process. This Section further states that accordingly, four specific categories of Limited Uses are defined in this Section, including adaptive reuse of existing 1 and 2- story commercial and office buildings, development of limited quantities of new buildings of those types, and development of blocks with lower Frontage Buildout percentages and larger quantities of street-adjacent surface parking that otherwise allowed. The convenience market and fuel station are considered Limited Land Uses use within the Mixed-Use Corridor (MU-C) designation of the Specific Plan and is subject to City Council review and approval as conditional land use and are further subject to applicable design and development standards and regulations of Section

3.14 (Limited Uses in the MU-C Zone). The Indio Gas Station Urban Plaza is a convenience market and fuel station project along with a pad site for future retail development t that provides neighborhood serving amenities for individuals interested in the products being offered and that will also contribute to job creation in the corridor.

As noted in other areas of these findings, the Project does not meet all of the formbased standards of the MU-C zone. In some instances, this lack of compliance is due to the auto-oriented nature of the land uses. However, the Project does comply or can be made to comply with the application of conditions of approval with a significant number of the MU-C zone standards as noted in the findings herein. Therefore, as a Limited Land Use, the project does not meet all of the form-based standards of the MU-C Zone and may be considered an impermanent use of the land until it is redeveloped to its highest allowed density.

13. Regarding Section 6.04.04.F.2, the City of Indio City Council adopted the Indio General Plan 2040 on September 18, 2019. The City of Indio City Council subsequently adopted the Highway 111 Corridor Specific Plan on September 21, 2022. The stated goal of this Specific Plan is: “The City will utilize this Specific Plan as strategic action plan to attract, enable and guide market based economic development to deliver new housing, employment, and public improvements along this important city center corridor, in patterns and forms that systematically realize the long-term vision for central Indio, one project and one improvement at a time.” The subject property proposed for the Indio Gas Station Urban Plaza Project is currently vacant and undeveloped. Table 3.5-1 (Allowed Uses) specifies that fuel stations are a conditional use permit and an aforementioned Limited Land Use in the MU-C zoning

Resolution No. 10415 : Request for Conditional Use Permit and Planning R... Page 239 of 1555 10 designation. This Table further specifies that convenience markets are generally an administrative use permit and a Limited Land Use, however, when combined with a fuel station land use, both uses are considered land uses subject to issuance of a conditional use permit approval from the City Council following review and issuance of a recommendation by the Planning Commission. Section 3.3 (Glossary) of the Specific Plan defines a limited use as a development that provides neighborhood serving amenities (including job-creation) along the corridor, but that does not meet all of the form-based standards of the MU-C Zone and may be considered an impermanent use of the land until it is redeveloped to its highest allowed density.

Section 3.14.1 (Limited Uses in the MU-C Zone – Intent) of the Specific Plan states that in order to enable market forces to attract near-term reinvestment to the MixedUse Corridor Zone - while also ensuring that over time the vision for that Zone is realized - this Section provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea - defined herein as “Limited Uses” - may be approved in the Mixed-Use Corridor Zone through the Administrative Use Permit (AUP) or Conditional Use Permit (CUP) process. Therefore, the conditional use consideration of the convenience market and fuel station is consistent with the General Plan because they are a general commercial land use as specified in the General Plan. It is further consistent with applicable provisions of the Specific Plan because they are considered a limited land use and are being considered as a conditional land use pursuant to applicable provisions of the Specific Plan. Finally, if the portion of the property identified a future retail development area is proposed for one or more land uses, these land uses must be consistent with the General Plan 2040 and the Highway 111 Corridor Specific Plan and will be subject to future separate land use entitlement review by the City.

14.Regarding Section 6.04.04.F.3, the project as currently presented is an auto-oriented project comprised of a convenience market and fuel station. The land use (s) for the future retail development area is unknown at this time. The project is an auto-oriented land use whose overall land use intent is to provide convenient and auto oriented food products, other products and fuel services to patrons. As currently conceived, the convenience market will be located adjacent to the public right-of-way for Flower Street and immediately south of the Indio Boulevard/Requa Avenue/Flower street intersection. The proposed fuel station canopy is located approximately 18 feet southwest of the Indio Boulevard public right-of-way with a proposed striped pedestrian connection to the convenience market building. The Vision Statement for the Highway 111 Corridor Specific Plan is” The Highway 111 Corridor will be transformed from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the city of Indio - respecting the Corridor’s history and context, building on its existing amenities, reflecting community desires, and leveraging evolving economic opportunities for the benefit of the entire community.” The Indio Gas Station Urban Project as a stand-alone auto oriented land use-oriented project does not by itself directly contribute to a lively dynamic center of social, cultural and economic activity for the City of Indio. However, the Specific Plan has identified certain limited land uses that are conditionally allowed in recognition