Agenda — Indio City Council, January 17, 2024 (part 6 of 13)

Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 670 of 1555 27 Conclusion
With regard to the issue area of Geology and Soils, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant.

8. GREENHOUSE GAS EMISSIONS
Discussion
8a) In step with state level emissions reduction targets for 2020 and 2030, a project that complies with a qualified GHG reduction strategy would be considered to have less than significant impact related to GHG emissions. Pursuant to CEQA Guidelines Section 15183.5(b), the City's CAP is considered a qualified GHG reduction strategy that will allow developments to tier off and streamline the GHG analyses under CEQA. The CAP includes a Development Review Checklist to demonstrate if new developments are consistent with reduction strategies from the City’s CAP.

The purpose of the City’s CAP checklist is to streamline project-level CEQA requirements by identifying clear GHG reduction strategies that all new developments would need to implement for compliance with the GHG reduction strategies. The GHG Analysis identifies the project’s consistency with the Development Review Checklist. If a project meets the checklist criteria, then it would be considered to have a less than significant impact related to GHG emissions. Table below demonstrated the project’s consistency with the Development Review Checklist.

CAP Development Review Checklist
Project Design Feature Yes/No Explanation
Will construction waste and
debris be diverted from the
landfill consistent with City
requirements?
Yes
All construction waste and debris will be recycled in
accordance with CalGreen and City requirements, as
applicable.

Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?
☐ ☐ ☐
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 671 of 1555 28 Will the project collect
recycling? Compost? Yes The project would collect recycling and compost.

Will the project use low-water
or drought-tolerant species
for landscaping?
Yes
The project’s landscape plan will include low-water
and drought-tolerant plant species. The project’s
landscaping would be consistent with the Model
Water Efficient Landscape Ordinance, as well as all
Will the project use smart City landscaping ordinance requirements. irrigation? Yes The project would include the use of smart irrigation.

Will rainwater be captured on
site? Yes The project would include on-site rainwater capture systems.

Will all units have separate
water and energy meters? Yes The project unit will have separate water and energy meters.

Will the project be connected
to the recycled water
system? Does the project use
recycled water?
No
The project does not include the use of a recycled
water. However, the project’s landscaping would be
consistent with the Model Water Efficient Landscape
Ordinance, as well as all City landscaping ordinance
requirements.

Will the project use lowimpact development
practices?
Yes The project would use low-impact development
practices.

For further support, the GHG emissions associated with the project were reviewed and compared to the SCAQMD screening threshold. The SCAQMD published its Interim CEQA GHG Significance Thresholds for Stationary Sources, Rules, and Plans in 2008 (SCAQMD 2008, 2010). Consistent with the SCAQMD guidance, the recommended tiered approach for land use development projects in SCAQMD jurisdiction is assessment against the applicable screening levels. The SCAQMD screening threshold of 3,000 metric tons of carbon dioxide equivalent (MT CO2E) was used. This screening level is intended to exempt projects that are too small to have significant impacts from further analysis. Emissions from all construction and operational sources are minimal and insignificant.

As previously discussed, the GPU PEIR determined impacts to be less than significant with mitigation. As the project would have a less than significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR. 8b) The GPU PEIR concluded that the GPU would be consistent with the Scoping Plan and SCAG’s 2016 Regional Transportation Plan (RTP)/Sustainable Communities Strategy (SCS), and that impact would be less than significant.

State Plans
As discussed under Section 8(a) above, the project would be consistent with the City’s CAP, which is a qualified GHG reduction plan that is consistent with the 2017 Scoping Plan and emission reduction targets per SB 32. Because the project would be consistent with the CAP, it would not conflict with the Scoping Plan or SB 32. Furthermore, project GHG emissions would be below the screening level of 3,000 MT CO2E. Furthermore, project emissions would decline beyond the buildout year of the project, 2024, as a result of continued implementation of federal, state, and local reduction measures such as increased federal and state vehicle efficiency standards, and the Imperial Irrigation District’s (IID’s) increased renewable sources of energy in accordance with Renewable Portfolio Standard (RPS) goals. Based on currently available models and

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 672 of 1555 29 regulatory forecasting, project emissions would continue to decline through at least 2050. Given the reasonably anticipated decline in project emissions, once fully constructed and operational, the project is in line with the GHG reductions needed to achieve the 2050 GHG emission reduction targets identified by Executive Order S-3-05.

The 2017 Scoping Plan identifies state strategies for achieving the state’s 2030 interim GHG emissions reduction target codified by SB 32. Measures under the 2017 Scoping Plan scenario build on existing programs such as the Low Carbon Fuel Standard, Advanced Clean Cars Program, RPS, SCS, Short-Lived Climate Pollutant Reduction Strategy, and the Cap-and-Trade Program.

The project would comply with all applicable provisions contained in the 2017 Scoping Plan since the adopted regulations would apply to new development or the emission sectors associated with new development.

Transportation
State regulations and 2017 Scoping Plan measures that would reduce the project’s mobile source emissions include the California Light-Duty Vehicle GHG.

PROJECT CONSISTENCY WITH CONNECT SOCAL STRATEGIES
Focus Growth Near Destinations and Mobility Options Project Consistency  Emphasize land use patterns that facilitate multimodal access to work, educational, and other destinations.
 Focus on a regional jobs/housing balance to reduce
commute times and distances and expand job opportunities near transit and along center-focused main streets.
 Plan for growth near transit investments and support
implementation of first/last mile strategies.
 Promote the redevelopment of underperforming retail
developments and other outmoded nonresidential uses.
 Prioritize infill and redevelopment of underutilized land to accommodate new growth, increase amenities and
connectivity in existing neighborhoods.
 Encourage design and transportation options that reduce the reliance on and number of solo car trips (this could include mixed uses or locating and orienting close to
existing destinations).

Identify ways to “right size” parking requirements and promote alternative parking strategies (e.g., shared parking or smart parking).

The project would be
consistent with Connect
SoCal’s strategies to focus
growth near destinations and
mobility options.

The project proposes to build
a coffee shop adjacent to an
existing transit route.
 Standards (AB 1493/Pavley I and II), and the Low Carbon Fuel Standard, and the heavyduty truck regulations. These measures are implemented at the state level and would result in project-related mobile source GHG emissions.
 Energy – State regulations and 2017 Scoping Plan measures that would reduce the project’s energy-related GHG emissions include RPS, Title 24 Energy Efficiency Standards, and California Green Building Standards Code (CALGreen). The project would be served by IID, which has achieved 28.6 percent renewables as of 2017 and is required to achieve 44 percent

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 673 of 1555 30 by 2024. The project’s energy related GHG emissions would decrease as IID increases its renewables procurement towards the 2030 goal of 60 percent.  Water – State regulations and 2017 Scoping Plan measures that would reduce the project’s electricity consumption associated with water supply, treatment, and distribution, and wastewater treatment include RPS, CALGreen, and the Model Water Efficient Landscape Ordinance.
 Waste – State regulations and 2017 Scoping Plan measures that would reduce the project’s solid waste-related GHG emissions are related to landfill methane control, increases efficiency of landfill methane capture, and high recycling/zero waste. The project would be subject to CALGreen, which requires a diversion of construction and demolition waste from landfills. Additionally, the project would include recycling storage and would divert waste from landfills in accordance with Assembly Bill 341. Therefore, the project would not conflict with an applicable state GHG reduction plan, and impacts would be less than significant.

Regional Plans
In addition to being consistent with the CAP and meeting the SCAQMD screening thresholds, the project was evaluated for consistency with the SCS strategies contained in Connect SoCal.

The project is consistent with applicable Connect SoCal strategies. Therefore, the project would not conflict with an applicable regional plan, policy, or regulation adopted for the purpose of reducing GHG emissions, and impacts would be less than significant.

Local Plans
As described in Section 8(a) above, the project would be consistent with the City’s CAP.

Therefore, the project would not conflict with an applicable local plan, policy, or regulation adopted for the purpose of reducing GHG emissions, and impacts would be less than significant.

As previously discussed, the GPU PEIR determined impacts to applicable regulation compliance to be less than significant. As the proposed project would have a less than significant impact for the reasons detailed above, the project would be consistent with the analysis provided within the GPU PEIR because it would not increase impacts identified within the GPU PEIR.

Conclusion
With regard to the issue area of GHG Emissions, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant.

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 674 of 1555 31 9. HAZARDS AND HAZARDOUS MATERIALS
Discussion
Robin Environmental management (REM) prepared a technical study related to Hazards and Hazardous Materials: Phase I and, based on its findings, recommends no other further studies.

The report is Reference 2, dated May 3, 2023, and in City offices. 9a) The GPU PEIR concluded this impact to be less than significant. The project would not create a significant hazard to the public or the environment because it does not propose Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
☐ ☐ ☐
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials into
the environment?
☐ ☐ ☐
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or
waste within 0.25 mile of an existing or proposed
school.
☐ ☐ ☐
d) Be located on or include a site on a list of
hazardous material sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to
the public or the environment.
☐ ☐ ☐
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area.
☐ ☐ ☐
f) For a project near a private airstrip, would the
project result in a safety hazard for people
residing or working in the project area.
☐ ☐ ☐
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan.
☐ ☐ ☐
h) Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands.
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 675 of 1555 32 the storage, use, transport, emission, or disposal of Hazardous Substances, nor are Hazardous Substances proposed or currently in use in the immediate vicinity. Project construction would require the transport, temporary storage, and use of asphalt fuels, oils, paints, and solvents.

However, these materials are not acutely hazardous, and use of these common hazardous materials in small quantities would not represent a significant hazard to the public or environment. Additionally, project construction would be required to be undertaken in compliance with applicable federal, state, and local regulations pertaining to the proper use of these common hazardous materials. Operation of the project would include the use and storage of cleaning supplies for a coffee shop. However, these materials are not acutely hazardous, and the project would handle and store these materials consistent with all applicable regulations.

As previously discussed, the GPU PEIR determined impacts from transport, use and disposal of hazardous materials and accidental release of hazardous materials to be less than significant. As the project would have a less than significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR. 9b) The GPU PEIR concluded this impact to be less than significant. As described in Section 9(a) above, the project would handle all hazardous materials in accordance with all applicable federal, state, and local regulations. Furthermore, project construction would be conducted consistent with all applicable safety regulations and would not introduce accident conditions that could result in the release of hazardous materials into the environment. Therefore, the project would not create upset and accident conditions that could result in the release of hazardous materials, and impacts would be less than significant.

As previously discussed, the GPU PEIR determined impacts from transport, use and disposal of hazardous materials and accidental release of hazardous materials to be less than significant. As the project would have a less than significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR. 9c) The GPU PEIR concluded this impact to be less than significant. The Thomas Jefferson Middle School is located about a block away from the project site. As stated in Section 9(a) above, operation of the coffee shop will not involve the use of substantial amounts of hazardous materials and would comply with all federal, state, and local regulations governing the storage and use of hazardous materials. Therefore, the project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school, and impacts would be less than significant.

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 676 of 1555 33 substances. Additionally, the project does not propose structures for human occupancy or significant linear excavation within 1,000 feet of an open, abandoned, or closed landfill, is not located on or within 250 feet of the boundary of a parcel identified as containing burn ash (from the historic burning of trash), and is not on or within 1,000 feet of a Formerly Used Defense Site.

As previously discussed, the GPU PEIR determined impacts from existing hazardous materials sites to be less than significant. As the proposed project would have a less-than significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.
9e) The GPU PEIR concluded this impact to be less than significant. The project is located 4 miles southeast from the Bermuda Dunes Airport and is within the Bermuda Dunes Airport Compatibility Zone. The project does not propose construction of any structure equal to or greater than 150 feet in height that would constitute a safety hazard to aircraft and/or operations from an airport or heliport. As previously discussed, the GPU PEIR determined impacts on public airports to be less than significant. As the proposed project would have a less-than-significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.
9f) The GPU PEIR concluded this impact to be less than significant. The project site is not located within the vicinity of a private airstrip. No impact would occur.

As previously discussed, the GPU PEIR determined impacts from existing hazardous materials sites to be less than significant. As the project would have a less-than significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU.

No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant by adhering to the project conditions of approval, which are consistent with the GPU PEIR.

Conclusion
With regard to hazards and hazardous materials, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant by adhering to the project conditions of approval, which are consistent with the GPU PEIR.

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 677 of 1555 34 10. HYDROLOGY AND WATER QUALITY
Discussion
G & A Consulting Civil Engineers, Inc. has prepared Hydrology report for the project dated June 12, 2023, as well as a Water Quality Management Plan (References 3 and 4). 10a) The GPU PEIR concluded this impact to be less than significant. Development projects have the potential to generate pollutants during both the construction and operational phases. A preliminary Water Quality Management Plan (WQMP) has been prepared for the project. The WQMP would implement source control, site design and treatment control BMPs. The WQMP is prepared in accordance with Order No. 2009-009-DWQ, National Pollutant Discharge Elimination System (NPDES) Order CAS000002 Construction General Permit (CGP) adopted by the State Water Resources Control Board (SWRCB) on September 2, 2009.

Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Violate any water quality standards or waste
discharge requirements, or substantially degrade
water quality of ground or surface waters?
☐ ☐ ☐
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater
table level?
☐ ☐ ☐
c) Substantially alter the existing drainage pattern of the site or area including through the alteration of
the course of a stream or river, in a manner which
would result in substantial erosion or siltation onor off- site? ☐ ☐ ☐
d) course of a stream or river, in a manner which
would result in flooding on- or off- site? Create or
contribute runoff water which would exceed the
capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
☐ ☐ ☐
e) Place housing within a 100-year flood hazard area
as mapped on a federal Flood Hazard Boundary
or Flood Insurance Rate Map or other flood
hazard delineation map. Place within a 100-year
flood hazard area structures which would impede
or redirect flood flows. Expose people or
structures to a significant risk of loss, injury, or
death involving flooding, including flooding as a
result of the failure of a levee or dam?
☐ ☐ ☐
f) Result in inundation by seiche, tsunami, or
mudflow? ☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 678 of 1555 35 During the post-construction phase, the project would implement site design, source control, and structural BMPs to prevent potential pollutants from entering storm water runoff. The project’s conformance to the waste discharge requirements of both the CGP and Municipal Separate Storm Sewer System (MS4) storm water permits listed above ensures the project would not create cumulatively considerable water quality impacts and addresses human health and water quality concerns. Therefore, the project would not contribute to a cumulatively considerable impact to water quality from waste discharges.

As previously discussed, the GPU PEIR determined significant and unavoidable impacts to water quality standards and requirements. As the project would have a less than significant impact to water quality standards through regulation compliance as detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR. 10b) The GPU PEIR concluded this impact to be less than significant. The project is within the service area of the Indio Water Authority. The project would not use groundwater for its potable water supply. In addition, the project does not involve operations that would interfere substantially with groundwater recharge.

As previously discussed, the GPU PEIR determined significant and unavoidable impacts to groundwater supplies and recharge. As the project would have a less than significant impact to groundwater recharge, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR. 10c) The GPU PEIR concluded this impact to be less than significant. As stated in responses 10(a) and 10(b) above, implementation of BMPs and compliance with NPDES MS4 permit requirements would ensure that project impacts are less than significant. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.
10d) The GPU PEIR concluded this impact to be less than significant. The project would not result in substantial erosion or siltation on or off-site. The WQMP specifies and describes the implementation process of all BMPs that would address equipment operation and materials management, prevent the erosion process from occurring, and prevent sedimentation in any on-site and downstream receiving waters. The redevelopment of the project site will modify the on-site drainage patterns, but the discharge point locations will remain unchanged. The project is not anticipated to alter runoff in a manner that would result in substantial erosion of siltation on-site or off-site. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.
10e) The GPU EIR concluded this impact to be less than significant. No Federal Emergency Management Agency-mapped floodplains were identified on the project site or off-site improvement locations. The project is not within a 100-year flood hazard area nor within a dam inundation zone. The project would not place housing within a 100-year flood hazard area nor would the project propose structures that would impede or redirect flood flows.

The project would not expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 679 of 1555 36 10f) The GPU EIR concluded this impact to be less than significant. The Salton Sea is approximately 17 miles southeast of the project site. There are no other bodies of water located in proximity of the project site with potential to cause seiche hazards. The project site is located approximately 80 miles inland from the Pacific Ocean and is well outside the tsunami hazard zone. The project site and surrounding area is flat, and has a low risk for landslides that could generate mudflows. Therefore, the project would not result in inundation by seiche, tsunami, or mudflow. No impact would occur. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.

Conclusion
With regard to the issue area of Hydrology and Water Quality, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

11. LAND USE AND PLANNING
Discussion
11a) The GPU PEIR concluded this impact to be less than significant.

The project would build a 1,300 SF coffee shop with a drive through within an urban environment. The project site is along a State Highway, a busy thoroughfare, with commercial developments adjacent to it and residential uses to the north. The project is consistent with General Commercial land use designation identified for the site in the GPU. The project would be constructed entirely within the project site and would be consistent in character with surrounding properties and the overall existing and planned land use pattern. The project would connect to utilities that are already serving the surrounding development. Therefore, the project would not physically divide an established community, and impacts would not be significant.

Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 680 of 1555 37 As previously discussed, the GPU PEIR determined impacts related to divisions of an established community to be less than significant. As the project would have a less-than significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.
11b) The GPU EIR concluded that impacts would be less than significant, because the GPU would be consistent with, and supplement, adopted plans and regulations governing land use and development in the Planning Area in regard to SCAG’s 2016 RTP/SCS, SCAG’s Sustainability Planning Grant Program, and the City’s adopted Specific Plans. As described in Section 4(f) above, the project would be consistent with the CVMSHCP. As described in Section 8(a) above, the project would be consistent with the City’s adopted CAP. As described throughout environmental document, all other impacts not requiring mitigation would be less than significant or would have no impact. Therefore, the project would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect, and impacts would be less than significant.

As previously discussed, the GPU PEIR determined impacts to conflicts with land use plans, policies, regulations to be less than significant. As the project would have a lessthan significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.

Conclusion
With regard to the issue area of Land Use and Planning, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant.

12. MINERAL RESOURCES
Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Result in the loss of availability of a known mineral resource that would be of value to the region and
the residents of the state? Result in the loss of
availability of a locally important mineral resource
recovery site delineated on a local general plan,
specific plan or other land use plan?
☐ ☐ ☐
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan or other land
use plan?
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 681 of 1555 38 Discussion
12a) The GPU EIR concluded that conversion of Mineral Resource Zone 2 (MRZ) 2 lands to a residential or commercial land uses that inhibits their availability for mineral resource extraction would be a significant impact. The GPU EIR also determined that No feasible mitigation is available for the loss of mineral resources as the location of significant mineral deposits and resources are site specific, and impacts would remain significant and unavoidable. Review of Figure 4.11-1 of the GPU EIR determined that the project site is identified as MRZ-1, which are areas where available geologic information indicates that little likelihood exists for the presence of significant mineral resources. Land classified as MRZ-3 is not considered a significant mineral resource. Therefore, implementation of the project would not result in the loss of availability of a known mineral resource. No impact would occur.

As previously discussed, the GPU PEIR determined impacts to mineral resources to be significant and unavoidable. As the project would have no impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR. 12b) Review of Figure 4.11-2 of the GPU EIR determined that the project site is not designated as a mineral resource recovery site delineated on a local general plan. No impact would occur.

Conclusion
With regard to the issue area of Mineral Resources, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. No mitigation measures contained within the GPU PEIR would be required because no project specific impacts would occur.

13. NOISE
Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Result in exposure of persons to noise levels in
excess of standards established in the local general
plan or noise ordinance, or applicable standards of
other agencies?
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 682 of 1555 39 Discussion
The GPU PEIR concluded this impact to be less than significant. For construction only three pieces of equipment will be used, for a total of two weeks: a bulldozer for one week for demolition purposes, a backhoe for an additional week to dig for foundation and utility lines, and a grader would also work within the same two weeks along with the dozer and backhoe to grade the site.

Construction Noise
The project site is surrounded mainly with commercial enterprises with some residential uses and a middle school nearby. State Highway 111 has a current daytime noise level of 70 to 80 decibels. Highway noise is caused by tire-pavement interaction, aerodynamic sources (turbulent airflow around and partly through the vehicle) and the vehicle itself (the noise created by the engine, exhaust, or transmission). While the construction noise from project would also be around 65 to 70 decibels (dB) at a distance of 50 feet from the site, it is temporary in nature and as mitigation, the following are recommended:
a. Limit the heavy equipment use on the site from 7am to 6pm b. Operators will wear hearing protection
The City does not specify a numerical noise level limit applicable to construction activities, however, the Federal Transit Administration (FTA’s) Transit Noise and Vibration Impact Assessment manual indicates that 80 dB is reasonable criteria for assessing construction noise levels at residential uses (FTA 2018). Construction noise levels are not projected to exceed 70 dB at the adjacent residential uses. Although the adjacent residences would be exposed to construction noise levels that could be heard above ambient conditions, the exposure would be temporary.

The City regulates construction noise through Section 95C.08.B of the Municipal Code by limiting construction activities to 7:00 a.m. to 6:00 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays, and 9:00 a.m. to 5:00 p.m. on Sundays and holidays during pacific standard time, and 6:00 a.m. to 6:00 p.m. on weekdays, 7:00 a.m. to 6:00 p.m. on Saturdays, and 9:00 a.m. to 5:00 p.m. on Sundays and holidays during pacific daylight time. Construction activities would only occur during the hours permitted under Section 95C.08.B of the Municipal Code. The on-site construction activities would not generate a substantial temporary increase in ambient noise levels, and impacts would be less than significant. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not increase impacts identified within the GPU PEIR.
b) Result in exposure of persons to or generation of
excessive groundborne vibration or groundborne
noise levels?
☐ ☐ ☐
c) Result in a substantial temporary or periodic
increase in ambient noise levels above levels
existing without the project)?
☐ ☐ ☐
d) For a project located within an airport land use plan or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
☐ ☐ ☐
e) For a project within the vicinity of a private airstrip, would the project expose people residing or working
in the project area to excessive noise levels?
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 683 of 1555 40 Operations Noise
Operations noise levels can be reduced through standard construction techniques. When windows are closed, standard construction techniques provide various exterior-to-interior noise level reductions depending on the type of structure and window. According to the Federal Highway Administration’s (FHWA’s) Highway Traffic Noise Analysis and Abatement Guidance, buildings with masonry façades and double-glazed windows can be estimated to provide a noise level reduction of 35 dB, while light-frame structures with double glazed windows may provide noise level reductions of 20 to 25 dB (FHWA 2011).

The sound transmission class (STC) rating of windows, walls, and roofs is an integer value that rates how well a building component attenuates noise. The STC rating general reflects the decibel reduction that a building component can achieve. Standard walls and roofs typically have STC ratings greater than 40, therefore, the project would not be exposed to interior noise levels in excess of standards established in the General Plan, and impacts would be less than significant.

Operations and On-site Generated Noise
The primary noise sources on-site would be heating, ventilations, and air conditioning (HVAC) equipment. HVAC noise levels are anticipated to range from 36 to 48 dB, and would not exceed the applicable County of Riverside Municipal Code noise level limits. Noise generated by the project would be consistent with the existing surrounding development and would not result in unacceptably high noise levels at the adjacent land uses. Therefore, operational HVAC noise would not generate a substantial permanent increase in ambient noise levels, and impacts would be less than significant.
13a) The GPU PEIR concluded this impact to be less than significant. Human reaction to vibration is dependent on the environment the receiver is in, as well as individual sensitivity. For example, vibration outdoors is rarely noticeable and generally not considered annoying.

Construction activities produce varying degrees of ground vibration, depending on the equipment and methods employed. While ground vibrations from typical construction activities very rarely reach levels high enough to cause damage to structures, special consideration must be made when sensitive or historic land uses are near the construction site. The construction activities that typically generate the highest levels of vibration are blasting and impact pile driving and the use of a vibratory roller. However, the project would not require blasting, pile driving, or vibratory rollers. The largest piece of vibration-generating equipment that could be used for project construction is a bulldozer.

Bulldozers generate a vibration level of 0.089 in/sec PPV at 25 feet. 13b) The nearest structures are located approximately 15 feet from the project boundary. A vibration level of 0.089 in/sec PPV at 25 feet would be 0.156 in/sec PPV at 15. These vibration levels would be less than the FTA threshold for non-engineered timber and masonry buildings. Additionally, construction equipment would move throughout the entire site and would only be located near the project boundaries for short periods of time. Thus, vibration levels at the receptors located near the project boundaries would be less than these maximum levels for a majority of the construction period. Once operational, the project would not be a source of ground borne vibration or ground borne noise. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not increase impacts identified within the GPU PEIR.

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 684 of 1555 41 13c) The GPU PEIR concluded this impact to be less than significant. As described in Section 13(a) above, the project would not result in any temporary or permanent increases in the ambient noise level that would be considered a significant impact. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.
13d) The GPU PEIR concluded this impact to be less than significant. The GPU PEIR concluded this impact to be less than significant. The project is located four miles southeast from the Bermuda Dunes Airport and is within the Bermuda Dunes Airport Compatibility Zone. Due to this distance, noise at Bermuda Dunes Airport would not affect residents at the project site. As previously discussed, the GPU PEIR determined impacts be less than significant. As the project would have a less than significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR. 13e) The GPU EIR concluded this impact to be less than significant. The GPU PEIR concluded this impact to be less than significant. The project site is not located within the vicinity of a private airstrip. No impact would occur.

As previously discussed, the GPU PEIR determined impacts to be less than significant.

As the proposed project would have a less-than significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is no new information of substantial importance than identified within the GPU PEIR.

Conclusion
With regards to the issue area of Noise, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. A feasible mitigation measure contained within the GPU (MM-NOS-1) has been applied to the project to reduce impacts to a level less than significant.

14. POPULATION AND HOUSING
Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and
businesses or indirectly (for example, through extension of roads or other infrastructure)?
☐ ☐ ☐
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? Displace substantial numbers of existing
people, necessitating the construction of replacement
housing elsewhere?
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 685 of 1555 42 Discussion
14a) The project would be consistent with General Commercial land use designation and corresponding density allowable under the General Plan. Therefore, the project would not induce substantial unplanned population growth in the area as development of the site was accounted for within the GPU. Vehicular access would be provided by existing roads, and the project would connect to existing underground utilities adjacent to the project site.

Consequently, the project would not require extension of roads or other infrastructure that could induce population growth. Therefore, the project would not induce unplanned population growth either directly or indirectly. No impact would occur.

As previously discussed, the GPU PEIR determined impacts from population growth to be less than significant. As the proposed project would have a less than significant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR. 14b) The GPU PEIR concluded this impact to be less than significant. The project site contains a vacant structure and its demolition will not displace anyone or substantial numbers of people. As such, replacement housing would not be required elsewhere.

As previously discussed, the GPU PEIR determined impacts from displacement of housing to be less than significant. As the proposed project would have a less-thansignificant impact for the reasons detailed above, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR.

Conclusion
With regard to the issue area of Population and Housing, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant.

15. PUBLIC SERVICES AND RECREATION
Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered fire protection and emergency service
facilities, the construction of which could
cause significant environmental impacts in
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 686 of 1555 43 Discussion
15a) The GPU PEIR concluded this impact to be less than significant. Fire and emergency protection would be provided by the City’s Fire Department. The nearest fire station is 1.5 miles from the project site and is Station 1, located at 46900 Jackson Street in Indio, serves as the City’s Headquarters Station where Fire Administration and Prevention Offices are located. There are 22 firefighters assigned to the station that staff one fire engine, one ladder truck, and one paramedic ambulance. Additional equipment assigned includes one reserve fire engine, one reserve ambulance, and one water tender. The project would be consistent with the existing land use designation for the site, and therefore would accommodate a coffee shop and would be consistent with planning projections for future fire protection facilities within the city. Furthermore, the project would be required to pay development impact fees (DIFs) that would contribute the project’s fair share towards the funding of future fire protection facilities. Therefore, the project would not result in the need for new or altered fire protection facilities, and impacts would be less than significant.

The project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR.
15b) The GPU PEIR concluded this impact to be less than significant. The Indio Police Department enforces local, state, and federal statutes to protect the general welfare of the community. The Indio Police Department is located at 46800 Jackson Street in Indio. The force currently consists of 62 sworn officers and 37 non-sworn staff for a total of 99 fullorder to maintain service ratios, response times, or other performance objectives?
b) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered police facilities, the construction of
which could cause significant environmental
impacts in order to maintain service ratios, response
times, or other performance objectives?
☐ ☐ ☐
c) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered school facilities, the construction of which
could cause significant environmental impacts in
order to maintain service ratios, response times, or
other performance objectives?
☐ ☐ ☐
d) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered library facilities, the construction of which
could cause significant environmental impacts in
order to maintain service ratios, response times, or
other performance objectives?
☐ ☐ ☐
e) Increase the use of existing neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the facility would occur or be accelerated? Include recreational
facilities or require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 687 of 1555 44 time staff. The project would be consistent with the existing land use designation for the site, and therefore would accommodate a coffee shop and would be consistent with planning projections for future police protection facilities within the city. Furthermore, the project would be required to pay DIFs that would contribute the project’s fair share towards the funding of future police protection facilities. Therefore, the project would not result in the need for new or altered police protection facilities, and impacts would be less than significant.

Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR. 15c) The GPU PEIR concluded this impact to be less than significant. The project would not generate school-aged children requiring school services. However, the project would pay DIFs that would contribute the project’s fair share towards the funding of future schools.

Furthermore, the project would be consistent with the existing land use designation for the site, and therefore would accommodate a coffee shop and would be consistent with planning projections for future schools within the city. Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities, and impacts would be less than significant.

The GPU PEIR concluded this impact to be less than significant. The project would not result in an increase in residents that would generate additional demand for public facilities such as libraries or hospitals. However, the project would be required to pay DIFs to contribute the project’s fair share funding of future facilities. The project would be consistent with the existing land use designation for the site, and therefore would accommodate a coffee shop and would be consistent with planning projections for future facilities within the City. Therefore, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered public facilities, and impacts would be less than significant.
15d) Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR. 15e) The GPU PEIR concluded this impact to be less than significant. The project would be consistent with the existing land use designation for the site, and therefore would accommodate a coffee shop and would be consistent with planning projections for future parks within the City. Furthermore, the project would be required to pay DIFs that would contribute the project’s fair share towards the funding of future park facilities. Therefore, the project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated, and impacts would be less than significant. Therefore, the project would not have adverse physical effect on the environment caused by expansion or construction of recreational facilities, and impacts would be less than significant.

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 688 of 1555 45 Conclusion
With regard to the issue area of Public Services, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant.

16. TRANSPORTATION AND TRAFFIC
Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Conflict with an applicable congestion
management program, including, but not limited to
LOS standards and travel demand measures, or
other standards established by the county
congestion management agency for designated
roads or highways?
☐ ☐ ☐
b) Conflict with an applicable plan, ordinance or
policy establishing measures of effectiveness for
the performance of the circulation system, taking
into account all modes of transportation including
mass transit and non-motorized travel and relevant
components of the circulation system, including
but not limited to intersections, streets, highways
and freeways, pedestrian and bicycle paths, and
mass transit? Would the GPU conflict with adopted
policies, plans, or programs regarding public
transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such
facilities?
☐ ☐ ☐
c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in
location that results in substantial safety risks? ☐ ☐ ☐ d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
☐ ☐ ☐
e) Result in inadequate emergency access? ☐ ☐ ☐
f) Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian
facilities, or otherwise decrease the performance
or safety of such facilities?
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 689 of 1555 46 Discussion
16a) The GPU PEIR concluded this impact to be significant and unavoidable. However, the project will not generate significant trips and impact the signalized intersection at Highway 111 and Oasis.

For Construction, the length of activities is expected to take four months (13 weeks).

Heavy equipment used will be:
 A bulldozer (for demolition), one week
 A backhoe (for foundation & utility lines), one week
 A grader for one week, overlapping the first two weeks Construction Trucks: five trips per day the first week; two trips per day, the second week (to transport demo and spoils); and two trips per week for the remaining 11 weeks (material delivery trucks).

Construction worker vehicles: 30 trips a day at its peak for two months.

At its peak, 30 trips a day will be very insignificant and will not impact the operation of the intersection. The mitigation for demolition and trench spoils will be compliance with City and State C and D requirements as discussed elsewhere in this document.

For Operations, the following table indicates the number daily and peak hour trips the project will generate:

ITE traffic generation data, Land Use 937
ADT AM Peak PM Peak
1,145 116 57
50% traffic entering and 50% exiting
Entering Exiting
AM Peak AM Peak
65% RT WB 38 40% RT WB 24
10% LT EB 6 35% LT EB 21
20% Thr. NB 12 10% Thr. NB 6
5% RT SB 3 15% Thr. SB 9
As shown in the above traffic distribution analysis, addition of six left turning vehicles in east bound direction and 21 left turning vehicles from SB Oasis in one hour will not impact the traffic signal operation at the intersection of Highway 111 and Oasis, and the project does not generate additional vehicle trips that were not accounted for in the GPU EIR.

The project will not impact the operation of the traffic signal at the intersection and no modifications are necessary.

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 690 of 1555 47 As previously discussed, the GPU PEIR determined significant and unavoidable impacts to unincorporated city traffic and level of service (LOS) standards. The project would have a less than significant impact to City roadway and road segments. The project would not result in a peculiar impact to the site, or a more severe impact than anticipated in the GPU PEIR. Therefore, the project would be consistent within the GPU PEIR. 16b) The GPU PEIR concluded this impact to be less than significant. Plans, policies, and programs for the purpose of encouraging alternative transportation modes include the 2008 Complete Streets Act, SCAG’s 2016– 2040 RTP/SCS, Riverside County Transportation Commission Congestion Management Program, Coachella Valley Association of Governments (CVAG’s) Coachella Valley Link Conceptual Master Plan, and the SunLine Transit Agency’s Short Range Transit Plan Fiscal Year 2017/18 – Fiscal Year 2019/20. The project would be consistent with the Mid-Town land use designation and corresponding density allowable under the General Plan. Therefore, the project would not induce substantial unplanned population growth in the area as development of the site was accounted for within the GPU. Therefore, the project would not conflict with an applicable congestion management program and would be consistent with the analysis within the GPU PEIR because it would not generate additional vehicle trips that were not accounted for in the GPU PEIR. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR.
16c) The GPU PEIR concluded this impact to be less than significant. The Bermuda Dunes Airport is located in Riverside County, a census-designated place adjacent to the city of Indio, just off of Avenue 42, approximately four miles from downtown Indio. The airport is privately owned by the Bermuda Dunes Airport Corporation. The project is located four miles southeast from the Bermuda Dunes Airport and is within the Bermuda Dunes Airport Compatibility Zone. The Riverside County Airport Land Use Compatibility Plan establishes land use compatibility policies for areas in the vicinity of airports throughout Riverside County, including the Bermuda Dunes Airport. The project has been reviewed by the Riverside County Airport Authority and has been determined to be conditionally consistent with the Bermuda Dunes Airport Land Use Compatibility Plan. Therefore, the project would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks, and impacts would be less than significant. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR. 16d) The GPU EIR concluded this impact to be less than significant. The project would construct driveway connection on Oasis Street. The driveway connections would be designed and constructed consistent with all applicable City roadway requirements. The project will close out the existing driveway on Highway 111 and reduce a conflict point on a busy thoroughfare. The project would not make any other changes to the existing circulation network. Therefore, the project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses, and impacts would be less than significant. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR.
16e) The GPU EIR concluded this impact to be less than significant. The project is required to be reviewed and approved by the City’s Fire Department prior to issuance of building permits to ensure that it would not preclude or interfere with emergency access or fail to comply with fire department standards. Specific policies in the GPU, such as policies SEPage 343 of 349 AGENDA ITEM #10.2 Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 691 of 1555 48 2.2 and SE-2.3, would ensure that the City’s emergency response plan and City Ordinances are updated regularly to reflect current evacuation and emergency procedures. Therefore, the project would not result in inadequate emergency access to or from the project site, and impacts would be less than significant. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR.
16f) The GPU EIR concluded this impact to be less than significant. Therefore, the project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities, and impacts would be less than significant. Therefore, the project would be consistent with the analysis within the GPU PEIR because it would not create new impacts, increase impacts, and there is not new information of substantial importance than identified within the GPU PEIR.

Conclusion
With regard to the issue area of Transportation and Traffic, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant.

17. UTILITIES AND SERVICE SYSTEMS
Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board? Require or result in the construction of
new water or wastewater facilities or expansion
of existing facilities, the construction of which
could cause significant environmental effects?
☐ ☐ ☐
b) Require or result in the construction of new water
or wastewater facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects? Have sufficient
water supplies available to serve the project from
existing entitlements and resources, or are new
expanded entitlements needed.
☐ ☐ ☐
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities? ☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 692 of 1555 49 Discussion
17a) The GPU EIR concluded this impact to be less than significant. The Indio Water Authority provides potable water to the majority of the city and portions outside city corporate boundary. This project is consistent with the existing land use and zoning designations for the project site and consistent with the growth projections utilized to forecast water and wastewater demand in the GPU PEIR. Consequently, the project would not require new facilities or expansion of existing sources.
17b) The GPU EIR concluded this impact to be less than significant. For a small coffeeshop development, no new or expanded water and wastewater facilities are required. 17c) The GPU EIR concluded this impact to be less than significant. The project would build adequate storm drain facilities on site to address the minimal offsite runoff generated and no expansion or alteration of existing storm drainage facilities are required. The existing lots are already developed and paved. The project will be in compliance with the mandates from the Regional Water Quality Board as well as city regulations and ordinances.
17d) The GPU EIR concluded this impact to be less than significant. This project is consistent with the existing land use and zoning designations for the project site and consistent with the growth projections utilized to forecast landfill demand in the GPU PEIR.

Consequently, the project would not require new facilities or expansion of existing sources. Therefore, the project site would be in compliance with federal, state, and local regulations with respect to solid waste generation and management, and impacts would be less than significant.

Conclusion
With regard to the issue area of Utilities and Service Systems, the following findings can be made:

1. No peculiar impacts to the project or its site have been identified.

2. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

3. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

4. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant. d) Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste
disposal needs? Comply with federal, state, and
local statutes and regulations related to solid
waste?
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 693 of 1555 50 18. WILDFIRE
Discussion
18a) The GPU EIR did not specifically address Wildfire in the CEQA documents. Wildfire was analyzed within the GPU EIR within Section 4.8, Hazards and Hazardous Materials. The guidelines for determining significance stated: the proposed General Plan Update would have a significant impact if it would expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. In 2019, the issue of Wildfire was separated into its own section within Appendix G of the CEQA Guidelines to incorporate the four issue questions above. The GPU PEIR did address these issues within the analysis; however, they were not called out as separate issue areas. The Planning Area is not prone to any major wild land fires due to its desert environment, which does not support large amounts of brush. According to the Riverside County MultiJurisdictional Hazard Mitigation Plan, the city of Indio is not affected by wildfires and risk is generally considered “moderate” throughout the city. Based on the City’s Local Hazard Mitigation Plan, wildfire probability is low, with moderate severity. Within the GPU PEIR, the issue of Wildland Fires was determined to be less than significant. 18b) The project is required to be reviewed and approved by the City’s Fire Department prior to issuance of building permits to ensure that it would not preclude or interfere with emergency access or fail to comply with fire department standards. Specific policies in the GPU, such as policies SE-2.2 and SE-2.3, would ensure that the City’s emergency response plan and City Ordinances are updated regularly to reflect current evacuation and emergency procedures. In addition, Policy SE-2.1 would ensure that the Local Hazard Mitigation Plan is maintained and updated to reflect up to date emergency response and disaster preparedness information, and applicable evacuation procedures.

As previously discussed, the GPU PEIR did not analyze Wildfire as a separate issue area under CEQA.

Would the project:

Significant
Project
Impact
Impact not
Identified by

GPU PEIR
Substantial
New
Information
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan? ☐ ☐ ☐
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
☐ ☐ ☐
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing
impacts in the environment?
☐ ☐ ☐
d) Expose people or structures to significant risk,
including downslopes or downstream flooding or
landslides, as a result of runoff, post-fire
instability, or drainage changes?
☐ ☐ ☐

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 694 of 1555 51 18c) The city is not prone to any major wild land fires due to its desert environment, which does not support large amounts of brush. According to the Riverside County MultiJurisdictional Hazard Mitigation Plan (2012), the city is not affected by wildfires and risk is generally considered “moderate” throughout the city. Based on the City’s Local Hazard Mitigation Plan, wildfire probability is low, with moderate severity. Therefore, for the reasons stated above, the project would not be expected to experience exacerbated wildfire risks due to slope, prevailing, winds or other factors. Therefore, for the reasons stated above, the project would not exacerbate wildfire risks due to slope, prevailing, winds or other factors, and impacts would be less than significant.

All infrastructure associated with the project would be located within the project footprint and would not generate a fire risk. Therefore, the project would not require the installation or maintenance of associated infrastructure that may exacerbate fire risk, and impacts would be less than significant.
18d) The majority of the city is not susceptible to downslopes, downstream flooding or landslides because it is mostly flat, and therefore has a low risk for landslides. Based on review of the project by City staff and the topography of the site, potential hazards associated with landslides are less than significant. In addition, a soils report with proposed foundation recommendation is prepared to be approved prior to the issuance of a building permit. Additionally, compliance with the City’s Building Code and implementation of standard engineering techniques will ensure structural safety.

Therefore, for the reasons stated above, the project site would not expose people or structures to significant risk, including downslopes or downstream flooding or landslides, as a result of runoff, post-fire instability, or drainage changes, and impacts would be less than significant.

Conclusion
With regard to the issue area of Wildfire, the following findings can be made:

5. No peculiar impacts to the project or its site have been identified.

6. There are no potentially significant off-site and/or cumulative impacts which were not discussed by the GPU PEIR.

7. No substantial new information has been identified which results in an impact which is more severe than anticipated by the GPU PEIR.

8. No mitigation measures contained within the GPU PEIR would be required because project specific impacts would be less than significant.

Page 347 of 349 ends

Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 695 of 1555 52 ATTACHMENT
Attachment 1 – Project Conceptual Site and Grading Plan, prepared by G&A Consulting Civil Engineers, Inc. dated June 2023

REFERENCES
The following is the list of project specific technical studies used to support the environmental analysis and exemption for this project. They have been submitted to the City of Indio previously in digital (PDF) format:

Reference 1 – Geotechnical Investigation and Infiltration Report, prepared by Earth Strata Geotechnical Services Inc. dated June 7, 2023
Reference 2 – Hazards and Hazardous Materials: Phase I, prepared by Robin Environmental Management (REM), dated May 3, 2023.

Reference 3 – Hydrology Report, prepared by G&A Consulting Civil Engineers, Inc. dated June 12, 2023
Reference 4 – Water Quality Management Plan, prepared by G&A Consulting Civil Engineers, Inc. dated June 19, 2023

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 696 of 1555 N89°45'56"W 149.82' S89°51'19"E 149.81' S89°46'36"E 149.82' N00°12'16"E 412.13'
S00°12'31"W
N00°12'46"E 408.75' S89°51'19"E 74.91'
N00°12'46"E 50.17' S89°45'11"E 149.81' N89°36'30"E 149.81' N89°36'30"E 149.81' N00°12'16"E 482.66'
N00°12'46"E 478.38'
N00°12'16"E 442.14'
N00°12'46"E 408.01' N89°36'30"E 2659.16' R/W R/W R/W R/W C/L P/L P/L (487.66) FS(487.91) FS (486.64) FS (486.60) FS (487.10) FS(487.07) FS (488.15) FS (487.85) FS (486.97) FS(487.80) FS (487.81) FS (487.86) FS (488.01) FS (487.72) FS (487.88) TC (487.38) FL JOIN

2.63%

2.65%

1.13%

2.36%

1.67%

2.36%

1.67%

1.41%

1.70%

2.06%

2.48%

3.16%

3.66% GB GB GB 486.98 TC 486.48 FL 487.00 TC 486.50 FL 487.45 TC 486.95 FL 486.84 TC 486.34 FS 488.19 TC 487.69 FS 487.63 FS 487.46 FS 1.10% 1.48% 1.10% 1.09%485.88 TG 486.02 TG 486.22 TG 487.82 TC 487.32 FS 487.21 TC 486.71 FS 486.88 TC 486.38 FL

1.74%

1.76%

2.58%

0.74%

3.32%

2.85%

2.00%

0.77%

0.92% GB 4.20%

2.35%

1.52%

1.36%

0.92%

0.71% 487.98 TC 487.48 FS 487.98 TC 487.48 FS 487.71 TC 487.21 FS 488.65 TC 488.15 FS 487.87 TC 0'' CF (488.13) FS RL 487.64 FS 487.31 FS 487.64 TC 487.14 FL (487.49) TC (486.99) FL JOIN SD INLET 1 A
1 B
1 C
1 D
1 F 4" SEWER LT POC EX. 6" WATER LINE 1" IRRG. LINE POC (SEE LS & IRRG. PLANS)

S S S S S S S S

W W W W W W W
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W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W W W W W W W 2"-INCH DW LINE POC ADA POT AC OVER AB CONC. DRIVE THRU ADA POT 6.0' 2' WIDE & 2" G&O 6" HIGH RAISED MEDIAN W/ PAVERS PROP. LEFT TURN EX. DWY APP. TO BE
REPLACE W/ NEW COMM.

DWY APP.

GRID & OVERLAY EX. 12" WATER LINE SAWCUT & JOIN EX.

40.00' REPLACE EX. DWY APP. WITH SIDEWALK AND C&G SW N89°45'56"W 149.82' S89°51'19"E 149.81' S89°46'36"E 149.82' N00°12'16"E 412.13'
S00°12'31"W
N00°12'46"E 408.75' S89°51'19"E 74.91'
N00°12'46"E 50.17'
N00°12'46"E 100.13' S89°45'11"E 149.81' N89°36'30"E 149.81' N89°36'30"E 149.81' N00°12'16"E 482.66'
N00°12'46"E 478.38' PL
N00°12'16"E 442.14'
N00°12'46"E 408.42' N89°36'30"E 2659.16' EX. C&G EX. C&G

32.50' +/- 7.5' +/- 100' 68' 14' 11' 11' 12' 14' 487.33 TC 486.83 FL 16' 16' 20' DRAIN PIPE (TYP) 486.98 TG DRAIN PIPE (TYP) SD INLET SD INLET SD INLET DRAIN PIPE (TYP) RELOCATE ST LT. AC OVER AB 2' WIDE & 2" G&O DWY APPROACH AC OVER AB RELOCATE FH DEDICATED EASEMENT2% C NEW PL R/W R/WSTATE HIGHWAY 111
L CL
CL
CL PL EX. WALL PL PL PL PL EX. WALL
GRID & OVERLAY LS LS LS LS LS LS LS LS LS LSLS LS LS LS LS LS LS LS LS EX. EASEMENT OASIS

TOWNE STREET

PUBLIC ALLEY
N00°12'16"E R/W R/W R/W EX. LT
<
487
487
487
488
487
487 488
488
488
488
487
488
488
488
488 SD INLET 488.08 TC 0'' CF TE PATIO BMP #1 2% 1" WIDE AC DEEP LIFT RELOCATE PALM TREE DEEP LIFT DEEP LIFT DEEP LIFT SD INLET EX. ELECTRICAL CONDUIT EX.8" VCP SEWER MAIN EX.2" DAS LINE LSBX LSBX TRAFFIC SIGNAL ELCB NEW SW 2%
TTS WV FH EX. CURB RAMP EX. X GUTTER EX. X GUTTER GTE MH EX. SW R =15' R =15'

0.17% 486.02TC 485.94 FL1" CF 486.47 TC 485.97 FL JON EX. 486.43 TC 485.93 FL JOIN EX. 2' WIDE & 2" G&O .07% 70' 12.5' 45' 12.5' 22.5' 22.5' ADJACENT COMMERCIAL STARBUCKS PROPOSED BUILDING FF= 487.66 EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EX.

STRUCTURE
31+00 31+00 ADA POT RELOCATE PP PROTECT PP ELECT MH SS LS WM

1.60%

0.94%

0.81%
1E BMP #12 P/L 487.50 TC 487.00 FS AC PAVEMENT C&G (488.09) FS EXISTING GRADE PLANTER P/L AC PVMT C&G 487.49 TC 486.99 FS (487.79) FS 487.26 FS EXISTING GRADE P/L C&G AC PVMT. 486.74 TC 486.24 FS (486.70) FS FG P/L PCC PAVEMENT PROPOSED CURB CURB CURB 488.05 TC 487.55 FS 487.86 TC 487.36 FS 487.86 TC 487.36 FS (488.55) FS EXISTING GRADE CONC. WALK R/W CURB CURB 488.51 TC 488.01 FS 488.82 TC (488.32 FS) R/W (488.03) FS EXISTING GRADE CONC. DRIVE THRU 20' PUBLIC ALLEY PLANTER AC OVERLY ALLEY CONC. GUTTER AC OVERLY R/W CONC. DRIVE THRU CURB CURB CURB 488.02 TC 487.52 FS 487.61 TC 487.11 FS 487.54 TC 487.04 FS STARBUCKS PROPOSED BUILDING FF= 487.66 EX. SW (487.55) FS EG EG EG VICINITY MAP N.T.S PARKING LOT LEGEND: PCC PAVEMENT AC OVER AB PAVEMENT (SEE CONST. NOTE # 3) LANDSCAPE AREA (SEE CONST. NOTE # 15) PATH OF TRAVEL R/WCURB CURB AND GUTTER SAW CUT LINE CL PL INDIO STARBUCKS 82710 HWY 111, INDIO, CA PROJECT SITES MW AS SHOWN JULY 15, 2023 TBD 1 1 CONCEPTUAL GRADING & WET UTILITIES JC
1 AWMG THE BASIS OF BEARINGS IS THE CENTERLINE OF HWY 111, PER R.S. 153/15-16, N89°36'30"E BOUNDARY SHOULD NOT BE USED FOR MAPPING PURPOSES. SEWER: VALLEY SANITARY DISTRICT TBD (442) 400-5250 WATER INDIO WATER AUTHORITY (IWA) TBD (760) 238-5400 STORM DRAIN: CITY OF INDIO - PUBLIC WORKS TBD (760) 391-4042 ELECTRICAL: IMPERIAL IRRIGATION DISTRICT (IID) TBD (800) 303-7756 GAS : SOUTHERN CALIFORNIA GAS (SCG) TBD (877) 238-0092 CABLE & INTERNET: SPECTRUM TBD (833) 267-6094 FIRE DEPARTMENT: INDIO FIRE STATION TBD (760) 347-0756 TRASH BURRTEC WASTE INDUSTRIES TBD (760) 340-2113 SECTION E-E SCALE: 1" = 5' OWNER/DEVELOPER : DEVELOPER: GOLDEN STAR INVESTMENT PROPERTIES, LLC ADDRESS: 4040 MACARTHUR BLVD. NEWPORT BEACH, CA 91666 TELEPHONE: (949) 6797733 CONTACTS: BRIAN WAYY / MATTHEW ARFA PARCEL "A" APN: 611-231-020 PARCEL 2 OF PARCEL MAP 16321, IN THE CITY OF INDIO, AS SHOWN BY MAP ON FILE IN BOOK 79, PAGE(S) 68OF PARCEL MAP, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL B APN: 611-231-021 PARCEL 1 OF PARCEL MAP 19737, IN THE CITY OF INDIO, AS SHOWN BY MAP ON FILE IN BOOK 131, PAGE(S) 56 AND 57 OF PARCEL MAP, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. LOT 20 AREA: 0.35 AC. LOT 21 AREA: 0.26 AC TOTAL CUT: 268 CY 114 CY 382 CY FILL: 82 CY 36 CY 118 CY IMPORT: ------ EXPORT: 264 CY OVEREXCAVATION (LOT 20 ONLY): 876 CY NOTICE TO CONTRACTOR: A. EARTHWORK QUANTITIES SHOWN ARE RAW ESTIMATES ONLY, INTENDED FOR ESTABLISHING GOVERNING AGENCY FEES. B. CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING THE QUANTITIES FOR BID PURPOSES AND ANY EXPORT OR IMPORT REQUIRED TO BALANCE THE SITE. PROJECT INFORMATION 82710 HWY 111, INDIO, CA 92201 DOWNTOWN SPECIFIC PLAN GENERAL COMMERCIAL NOTE TO PLAN REVIEWER: ABBREVIATIONS: AC ASPHALT CONCRETE AB AGGREGATE BASE BW BACK OF WALK CF CURB FACE CG CURB & GUTTER EG EXISTING GROUND EX. EXISTING FF FINISHED FLOOR FG FINISH GRADE FS FINISHED SURFACE FL FLOW LINE INV INVERT ELEVATION LP LOW POINT MAX. MAXIMUM MIN. MINIMUM PA PLANTER AREA PCC PORTLAND CEMENT CONCRETE PP POWER POLE P&P PLAN & PROFILE P/L PROPERTY LINE RL RIDGELINE R/W RIGHT OF WAY SW SIDE WALK TC TOP OF CURB TF TOP OF FOOTING TG TOP OF GRATE TW TOP OF BLOCK WALL TRW TOP OF RW (8" BLOCK) XX.XX PROPOSED ELEVATION (XX.XX) EXISTING ELEVATION SECTION D-D SCALE: 1" = 5' SECTION A-A SCALE: 1" = 5' SECTION B-B SCALE: 1" = 5' SECTION A-A SCALE: 1" = 5' SECTION F-F SCALE: 1" = 5' UNDERGROUND INFILTRATION WQMP BUMPS NTS ACCESS MANHOLE PROP. AC PAVEMENT PERFORATED PIPE (INFILTRATION BASIN) 3 4" WASHED GRAVEL FILTER FABRIC (PERMEABLE) 12" 12" 66" 9.5' PLEASE CONTACT THE ENGINEER OF RECORD, MIKE GHALBI FOR ANY QUESTIONS THAT YOU MIGHT HAVE AT 949-813-8400 OR VIA EMAIL [email protected] ESTIMATED EARTHWORK QUANTITIES:

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Resolution No. 10416 : Request for Conditional Use Permit and Planning R... Page 697 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. 10422: Request for approval of Tentative Parcel Map 38417(Case File No. TPM 22-05-467) for the subdivision of a fourteen (14) acres parcel of land (Assessor Parcel Number 610-330-027 and 610-330-031) located southeast of Monroe Street and Buena Vista Avenue/Showcase Parkway into thirteen (13) separate parcels of land
RECOMMENDATION:

Approve Resolution No. 10422
SUMMARY:

The Applicant, I-Ten Monroe LLC is proposing to subdivide an approximately fourteen (14) acre parcel into thirteen (13) parcels for future commercial development in accordance with the Pacific Indio Development Agreement. The parcels will be subdivided as follows: Parcel 1 (2.73 acres), Parcel 2 (1.74 acres), Parcel 3 (0.88 acres), Parcel 4 (0.72 acres), Parcel 5 (1.05 acres), Parcel 6 (0.82 acres), Parcel 7 (1.03 acres), Parcel 8 (1.18 acres), Parcel 9 (0.81 acres), Parcel 10 (0.76 acres), Parcel 11 (0.98 acres), Parcel 12 (0.61 acres), Parcel 13 (0.86 acres). On December 13, 2023, during the Planning Commission meeting of the City of Indio, the proposed Tentative Parcel Map was reviewed. The applicant sought the removal of specific conditions from the Conditions of Approval, specifically Conditions A-26 and A-28. In response to this request, the Planning Commission conducted a vote, ultimately approving the proposal with the exclusion of the mentioned conditions.

BACKGROUND INFORMATION:

On May 6, 2022, I-Ten Monroe, LLC (“The Applicant”) submitted a Tentative Parcel Map application to subdivide a 14-acre parcel area into thirteen (13) parcels on the north side of Interstate-10 and east of Monroe Street.

Surrounding Land Uses:

The General Plan land use designations, zoning designations and surrounding existing uses are identified in the Table 1 below:

GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USE
General Plan 2040 Zoning Existing Use
AGENDA ITEM #10.3
Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 698 of 1555 Site: Regional Commercial
(RC)
Regional Commercial
(RC) Vacant Land
North: Regional Commercial
(RC)
Regional Commercial
(RC) Commercial
South: Regional Commercial
(RC)
Regional Commercial
(RC) Commercial
East: Regional Commercial
(RC)
Regional Commercial
(RC) Commercial
West: Regional Commercial
(RC)
Regional Commercial
(RC) Vacant Land
Tentative Parcel Map
Tentative Parcel Map No. 38417 (TPM 22-05-467) will be subdividing an existing fourteen (14) acre property into thirteen (13) parcels for future use.

Lot No. New Parcel Size Zoning Existing Use
Parcel 1 2.73 acres Regional Commercial
(RC) Vacant Land
Parcel 2 1.74 acres Regional Commercial
(RC) Vacant Land
Parcel 3 0.88 acres Regional Commercial
(RC) Vacant Land
Parcel 4 0.72 acres Regional Commercial
(RC) Vacant Land
Parcel 5 1.05 acres Regional Commercial
(RC) Vacant Land
Parcel 6 0.82 acres Regional Commercial
(RC) Vacant Land
Parcel 7 1.03 acres Regional Commercial
(RC) Vacant Land
Parcel 8 1.18 acres Regional Commercial
(RC) Vacant Land
Parcel 9 0.81 acres Regional Commercial
(RC) Vacant Land
Parcel 10 0.76 acres Regional Commercial
(RC) Vacant Land
Parcel 11 0.98 acres Regional Commercial
(RC) Vacant Land
Parcel 12 0.61 acres Regional Commercial
(RC) Vacant Land
Parcel 13 0.86 acres Regional Commercial
(RC) Vacant Land
The Subdivision Map Act requires that, before any map approval, the City find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map is consistent with the general plan (Government Code Sections 66473.5). The Findings

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 699 of 1555 and Conclusion Section of this report addresses the consistency of the Tentative Parcel Map’s proposed parcel division with the Subdivision Map Act.

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

I. The proposed map is consistent with applicable general and development agreement; The property has a General Plan land use designation of the Regional Commercial (RC). The RC land use designates large-format retail development, including associated restaurant and commercial service activities. Pursuant to Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the RC land use designation defines the development of large-format retail, commercial services, lodging, entertainment, restaurants, parks, and recreation. It should be noted that the intensity for all uses in this designation shall be the same as those specified in the guiding Pacific Indio Development Agreement. Per the Development Standards for the Pacific Indio Properties (PIP), Planning Area 2 (PA-2) site development does not require minimum lot size nor minimum lot dimension. The proposed Tentative Parcel Map No. 38417 will subdivide the 14-acre parcel site into thirteen (13) individual commercial parcels, remaining below the maximum density limit.

II. The design or improvement of the proposed subdivision is consistent with applicable general and development agreement in that:

The proposed project, including its design and improvements, fully complies with the Pacific Indio Development Agreement (DA). The project must conform to the land uses and development standards of Planning Area 2 of the Pacific Indio DA. The Pacific Indio DA, specifies development standards are established, encompassing setbacks, landscape requirements, maximum building heights, and architectural features. In accordance with the Pacific Indio DA, both existing and any proposed future construction, whether commercial or residential, shall adhere to the development standards of the applicable zoning district. Consequently, the proposed project, encompassing the design and improvements, fully complies with the applicable general plan.

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

The Project Site is physically suitable for the type of development in keeping with the requirements of the Pacific Indio Development Agreement. Adequate access and infrastructure exist or will be provided as a condition of approval for the development of the project. Furthermore, the site has no topographical constraints. Therefore, it can be determined that the proposed subdivision is physically suitable for the site.

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

Tentative Parcel Map No. 38417 is designed in compliance with the Pacific Indio Development Agreement (DA). This plan involves the creation of thirteen commercial parcels, each structured to align with the density requirements specified in the Pacific Indio DA. According to the Development Standards for the Pacific Indio DA, Planning Area 2 Site Development is not restricted by minimum lot size or dimension requirements. An assessment of the site’s dimensions and area has been conducted to ensure that they meet the necessary criteria for the proposed development. This assessment confirms the project's alignment with the density regulations of the Pacific Indio DA zoning, thereby maintaining the required intensity for all uses in this designation.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 700 of 1555 V. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that:

The Project Site is surrounded by heavily disturbed lands and there is no presence of fish or wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage within the City and provides no fish or significant wildlife habitat.

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

The proposed design and improvements of the subdivision, as contemplated by Tentative Parcel Map No. 38417, are unlikely to cause serious public health problems. Conditioned to ensure continual maintenance in good condition and repair, the project includes common area structures, landscaping, sidewalks, parking lot surfacing, and other improvements. The subdivision design ensures that the parcels have the necessary infrastructure to adequately serve the development and meet the requirements of the zoning ordinances. Therefore, compliance with the applicable standards and conditions of approval will prevent the project from being detrimental to public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

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

The design and type of improvements for the proposed subdivision, as detailed in Tentative Parcel Map No. 38417, will not conflict with any public easements acquired for access or use by the public at large. Availability assessments have been conducted for public utilities, including electricity, water, sewer, telecommunications, and gas services. The Fire Department and Public Works Department have reviewed and approved the access points to the proposed project. The map includes easements for roadways, drainage facilities, and utilities that will be recorded in the final map. With no known public easements traversing the subject site that would be adversely affected, the subdivision's design is confirmed to be in harmony with existing public easements.

CONCLUSION:

Staff concludes that the findings set forth in Government Code Section 66474 can affirmatively be made for the proposed Tentative Parcel Map No. 38417 (TPM 22-05-467). The proposed parcel subdivision is consistent with the Pacific Indio Development Agreement zoning designation. The parcel subdivision will not conflict with easements acquired by the public at large, for access through or use of property within the proposed parcel subdivision as all such improvements will be constructed to be adequate for the Project, and it will not cause substantial environmental damage or substantially avoidably injure fish, wildlife, or their habitat. The required conditions of approval ensure the Project from being detrimental to the public health, safety, or welfare and actually protect and promote the public health, safety, and welfare, and the conditions prevent material injury to properties or improvements in the vicinity.

PUBLIC HEARING NOTICE:

A public hearing notice for the project was published in the Desert Sun, the newspaper of record, on January 5, 2024. A public hearing notice was mailed to property owners within a radius of 500 feet of the subject property on January 5, 2024, consistent with Section 6.03.08 of the City of Indio Unified Development Code.

ENVIRONMENTAL ASSESSMENT:

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 701 of 1555 As the Lead Agency, the City prepared and certified Final EIR No. 90.1 for the Pacific Indio Project Area pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15089 in July of 1991. Environmental review for Tentative Parcel Map No. 38417 was previously analyzed under Final EIR No. 90.1. The Final EIR determined that the subdivision under Tentative Parcel Map 38417 was found to have no impact since the proposed subdivision is administrative in nature and would not result in physical changes to the properties. Therefore, no additional environmental review is required for the proposed project.

ATTACHMENTS:

Attachment 1 - Resolution No. 10422 - Tentative Tract Map No. 38417 Attachment 2 - TPM No. 38417
Attachment 3 - Pacific Indio Development Agreement
Attachment 4 - Pacific Indio Development Standards
APPROVAL(S):

Kevin H. Snyder, Dir. Of Community Development Approved - 11 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

Page 5 of 196 ends

Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 702 of 1555 1 RESOLUTION NO. 10422

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

CALIFORNIA GRANTING THE CONDITIONAL APPROVAL FOR
TENTATIVE PARCEL MAP NO. 38417 (TPM 22-05-467) TO
SUBDIVIDE A FOURTEEN (14) ACRE PARC OF LAND LOCATED

EAST OF MONROE STREET AND SOUTH OF BUENA VISTA

AVENUE/SHOWCASE PARKWAY (ASSESSOR'S PARCEL
NUMBER 610-330-027 and 610-330-031) INTO THIRTEEN (13)

SEPARATE PARCELS OF LAND, AND CERTIFYING THAT THE

PROJECT WAS PREVIOUSLY ANALYZED IN ENVIRONMENTAL
IMPACT REPORT NO. 90.1 FOR THE PACIFIC INDIO PROJECT

AREA PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES SECTION 15153 AND

DETERMINING THAT NO ADDITIONAL ENVIRONMENTAL REVIEW

IS NEEDED
WHEREAS, on May 6, 2022, I-Ten Monroe, LLC (the “Applicant”) submitted a Tentative Parcel Map application and associated documentation for a Tentative Parcel Map No. 38417 (TPM 22-05-467) to subdivide a 14-acre parcel into thirteen (13) single commercial parcels (“Project”); and,
WHEREAS, the Project site is located east side of Monroe Street and south of Buena Vista Avenue/Showcase Parkway at the property identified as Assessor's Parcel Number 610-330-027 and 610-330-031; and,
WHEREAS, the Project is within the Regional Commercial land use designation pursuant to the General Plan 2040 and zoned Regional Commercial (RC) pursuant to the Unified Development Code; and,
WHEREAS, notice of a public hearing was conducted in accordance with Section 159.905 of the Indio Municipal Code, inclusive of the publication on January 5, 2024, of a legal public hearing notice 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 20, 2023; and,
WHEREAS, on December 13, 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. At the conclusion of the hearing, the Planning Commission adopted Resolution Number 2076 to recommend that the City Council approve the Project, subject to the conditions listed therein; and, WHEREAS, a notice of a public hearing to consider the Tentative Parcel Map (Case File No. TPM 22-05-467) was issued in accordance with Section 6.03.08 of the Indio Municipal Code and Public Resources Code Section 21092 inclusive of the

Page 6 of 196 ends

Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 703 of 1555 2 publication on January 5, 2024, 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 owner within 300 feet of a subject properties on December 20, 2023; and,
WHEREAS, following the conclusion of the public hearing and discussion, the City Council conditionally approved this Resolution for the Tentative Parcel Map No. 38417 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 FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

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

Section 2. Environmental Evaluation. The City Council finds that the project is in accordance with Section §15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) which 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. In this case, the proposed project will create thirteen (13) new parcels of land that will be developed for private and public uses, and as such, this development is consistent with the City's General Plan 2040 and Final Environmental Impact Report (FEIR) that was adopted and certified by the City Council on September 18, 2019. Therefore, the tentative tract map project is consistent with State CEQA Guidelines Section §15168(c)(2) since it is within the programmatic scope covered by the Final EIR and there is no substantial evidence that the tentative parcel map would require additional environmental analysis.

Similarly, the proposed project is consistent with CEQA Guidelines Section §15183 (d)(1)(C) since it meets the consistency with “a general plan of a local agency”, and with Section §15183 (d) (2) which states that “an EIR was certified by the lead agency for the general plan.” Therefore, the City Council, based on its independent judgment and review of the record in full, finds the Project is exempt from further review pursuant to Section §15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines. Similarly, the proposed project is consistent with CEQA Guidelines Section §15183 (d)(1)(C).

Section 3. Map Findings. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines the Project complies with the necessary findings as required by the Subdivision Map Act. The Subdivision Map Act, in Government Code Section 66474, sets forth the findings required for tentative maps and are summarized as follows:

Page 7 of 196 ends

Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 704 of 1555 3 a. The Tentative Parcel Map 38417 (Case File No. 22-07-416) is in compliance with the Subdivision Map Act.
b. The proposed map is consistent for the type of development in keeping with the requirements of the Pacific Indio Development Agreement (DA). c. The design or improvement of the proposed subdivision is consistent with applicable general plans and the Pacific Indio DA in that the proposed parcel subdivision will be in conformance with the General Plan land use designation and the development standards defined in the Pacific Indio DA. d. The site is physically suitable for the type of development in that adequate access and infrastructure exist or will be provided. Furthermore, the site has no topographical constraints.
e. The site is physically suitable for the proposed density of the developments within Planning Area 2 (PA-2) of the Pacific Indio DA. PA-2 is not restricted by minimum lot size or dimension requirements. Therefore, the Tentative Parcel Map 38417 is consistent with the Pacific Indio DA.
f. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the Project Site is surrounded by heavily disturbed lands and there is no presence of fish and wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage within the City and provides no fish or significant wildlife habitat. g. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that the project includes common area structures, landscaping, sidewalks, parking lot surfacing and other improvements. Therefore, compliance with the applicable standards and conditions of approval will prevent the project from being detrimental to public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
h. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that public utilities for electricity, water, sewer, telecommunications, and gas service have all been assessed for availability.

There are no known public easements traversing the subject site that would be adversely affected by the Project. Therefore, the parcel subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 705 of 1555 4 Section 4. Decision. Based on the foregoing, the City Council of the City of Indio CONDITIONALLY APPROVES Tentative Parcel Map No. 38417 (TPM 22-05- 467) with the following conditions of approval:

A. General Conditions of Approval:

The Applicant shall demonstrate full compliance with the following conditions of approval at all times of the valid tentative parcel map approval:

1. Tentative Parcel Map No. 38417 (TPM 22-05-467) approval granted by this Resolution shall expire two years after its approval, or as otherwise prescribed by the Subdivision Map Act and City of Indio Municipal Code. An application for time extension shall be filed at least 45 days before the tentative map is due to expire. The Director of Community Development may grant a one-year administrative extension of time provided that the property is properly maintained and free of weeds and debris. The City Council may approve additional extensions provided that the total extensions do not exceed the maximum time frames prescribed by the Subdivision Map Act.

2. In the event of any legal challenge, claim, administrative proceeding, or litigation arising from or related to the approval of the project, including but not limited to any concurrent legislative acts, approvals, agreements or environmental determinations, (“Project Approvals”) the Applicant shall, at its own expense, defend the City, its elected and appointed officials, officers, employees, agents, volunteers and attorneys (“Indemnified Parties”) against such legal challenge, claim, administrative proceeding, or litigation. In addition, the Applicant shall reimburse the City for the City’s cost of defending any such legal challenge, claim, administrative proceeding, or litigation, including, but not limited to, all attorney’s fees (including the City Attorney’s fees), legal costs, expert fees and costs, and all other expenses incurred by the City in connection with the legal challenge, claim, administrative proceeding, or litigation. The Applicant shall indemnify and hold harmless the Indemnified Parties from and against any and all liabilities, claims, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorney's fees and costs) arising from or in connection with the Project Approvals. This indemnification shall cover all claims, regardless of whether they arise from the negligence of the Indemnified Parties. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. The Applicant agrees to hold harmless the Indemnified Parties from any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Project Approvals. This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described in this paragraph,

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 706 of 1555 5 the City shall have the right, among other remedies, to revoke the Project Approvals without any liability to the Applicant. In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply and the Applicant shall cooperate fully with the City in the defense.

3. The Applicant shall ensure that development shall occur substantially as shown on the Tentative Parcel Map No. 38417 (TPM 22-05-467).

4. The Applicant shall cause to be recorded against the property these and all related conditions of approval with the Riverside County Recorder, within thirty (30) calendar days of this approval.

5. The Applicant shall, within thirty (30) calendar days after the City Council adopts the Resolution approving Tentative Parcel Map No. 38417 (TPM 22- 05-467), submit to the Community Development Director written consent to all of the conditions of approval contained in the Resolution. Tentative Parcel Map No. 38417 (TPM 22-05-467) shall be void and of no force or effect unless such written consent is submitted to the City within the 30- calendar day period.

6. The final map shall be prepared by a licensed land surveyor or registered civil engineer subject to all requirements of the State of California Subdivision Map Act and the Indio Municipal Code.

7. Shall comply with the latest adopted edition of the following codes as applicable:
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

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 707 of 1555 6 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.

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.

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

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.

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.

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

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

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

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.

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

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

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

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

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 708 of 1555 7 21.The applicant shall complete the Landscape Documentation Package in accordance with the Water Efficient Landscape Development Standards Ordinance No. 1684.

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

23.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 and detailed loading information, panel sizes, project schedule and estimated in-service date. Applicant shall bear all costs associated with providing electrical service to the development project, including but not limited to the construction of any additional facilities needed to extend electrical service to the project such as new substation facilities and infrastructure, transmission line extensions/reconfigurations, distribution feeder breakers, feeder backbones and distribution overhead and/or underground line extensions or other upgrades as well as applicable permits, zoning changes, landscaping (if required by the City) and rights-ofway and easements.

24.Applicant may be eligible for reimbursement from third party user(s) for a portion of the costs pursuant to existing IID regulations and/or approval by the IID Board of Directors.

25.Underground infrastructure that includes trenching, conduits, pull boxes, switch boxes and pads should be installed following IID approved plans.

Physical field Installation of underground infrastructures should be verified and approved by an IID inspector prior to cable installation as per IID Developer's Guide (available at the district website
https://www.iid.com/home/showdocument?id=14229).

26.IID Regulations governing line extensions can be found at:

No. 2 (http://www.iid.com/home/showdocument?id=2540),
No. 13 (http://www.ild.com/home/showdocument?id=2553),
No. 15 (http://www.ild.com/home/showdocument?id=2555),
No. 20 (http://www.iid.com/home/showdocument?id=2560) and No. 23 (https://www.iid.com/home/showdocument?id=17897).

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

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 709 of 1555 8 28.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 decisionmaking body having jurisdiction over said developments.

29.The applicant will be required to provide rights-of-way and easements for a substation, transmission and distribution line extensions and any other infrastructure needed to serve the project.

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

31.Any construction or operation on IID property or within its existing and proposed right of way or easements including but not limited to: surface improvements such as proposed new streets, driveways, parking lots, landscape; and all water, sewer, storm water, or any other above ground or underground utilities; will require an encroachment permit, or encroachment agreement (depending on the circumstances). A copy of the IID encroachment permit application and instructions for its completion are available at https://www.iid.com/about-iid/departmentdirectory/real-estate.

The IID Real Estate Section should be contacted at (760) 339-9239 for additional information regarding encroachment permits or agreements.

32.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.

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

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 710 of 1555 9 34.Water Plans: If fire hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval.

35.Fire Department Access: Dead end fire access roads more than 150 feet in length shall be provided with approved provisions for turnaround capabilities of fire apparatus. For individual residential parcels access roads shall have an unobstructed width of not less than 14 feet and construction of the access roads shall be all weather and capable of sustaining 40,000 lbs. over two axles.

36.Flag Lot: Flag lot development is not allowed due to complications with emergency access

37.Gate Access: Gates across fire access roads shall be provided with a Knox padlock (manual gates) or a Knox switch and automatic sensors (electronic gates). Gate plans are a deferred submittal directly to the Fire Department for review.

38.Traffic Calming Devices: Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal.

B. Prior to Final Map Approval
Prior to final map approval, the Applicant shall demonstrate full compliance with the following conditions of approval:

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

2. Applicant shall submit for City approval the following items:
a. Final Parcel Map
b. Title Report (updated within at least 60 days)
c. Final Map Closure Calculations
d. Auto CAD & GIS Shape File for Final Parcel Map
e. All back-up information for map references (easement documents, maps, etc.)

3. Final Parcel map shall include:

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 711 of 1555 10 a. Subdivision Improvement Agreement
b. Improvement Bonds
C. Prior to the issuance of a Grading Permit
Prior to issuance of a grading or similar permit, the Applicant shall demonstrate full compliance with 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:

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

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

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

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

5. Applicant shall record a reciprocal access across all proposed parcels

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 712 of 1555 11 6. 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.

7. 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.

8. 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(s). 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(s) 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.

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

10.All grading and pad elevations will be subject to approval of the Community Development Director and the City Engineer based on grading plans and additional information to be submitted during plan check. Pad elevations shown on the Tentative Parcel Map No. 38417 are for reference only and may be required to be changed.

D. Prior to the issuance of a Building Permit
Prior to issuance of a building permit for any building or structure governed by Tentative Parcel Map No. 38417 (TPM 22-05-467), the Applicant shall demonstrate full compliance with the following conditions of approval:

1. The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project:
a. Precise grading plans shall be approved by Engineering/Public Works b. Rough grading completed and approved by Engineering/Public Works c. Compaction certification
d. Pad elevation certification

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 713 of 1555 12 e. Rough grade inspection signed off by a City Engineering/Public Works Inspector

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

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

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

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

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

3. The Applicant shall submit for City approval the following items:
a. Street improvement plans
b. Streetlight plans
c. Signage and Striping plans

4. The Applicant shall construct full on-site street improvements.

5. The improvements shall include, but no limited to, construction of curb/gutter, asphalt concrete pavement, sidewalk, streetlights, storm drain system (catch basins, storm drainpipe, ect.), and fully landscaped and irrigated parkways along the property frontage.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 714 of 1555 13 6. All on-site street improvements including energizing of streetlights and installation of irrigation and landscaping shall be constructed and accepted by the City prior to issuance of a temporary or permanent certificate of occupancy.

7. Dedicate the required right-of-way along: Monroe per City of Indio General Plan Mobility Element Requirements.

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

9. The corner cutback at the intersection of Monroe Street and Showcase Parkway shall be per City standard plan No. 143.

10.The proposed project shall comply with Americans with Disabilities Act (ADA) requirements.

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

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

13.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.

14.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.

Section 5. The City Clerk Administrator shall certify the adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 17th day of January 2024. ___________________________

LUPE RAMOS-AMITH
MAYOR
ATTEST:

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 715 of 1555 14 __________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 716 of 1555 15

Page 20 of 196 ends

Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 717 of 1555 5 505'
510'
515' 514'
520' 525' 528'
506'
504'
503'
504'
504'
502'
515'
520'
525' 3 6 1 2 4 L=153.23
MONROE STREET 148.41' 39.25' 73.62' 117.60' 117.64' 36.84' 174.94' 189.19'27.35' 48.47' 17.94' 62.51' 9.05' 35.10' 43.58' L=57.58 207.85' 80.18' 34.59' 166.60'
170.03' 98.06' L=196.92
150.83'
157.23' 107.67' 18.74' 15.60' 61.98'147.14' 110.98'
134.21' 35.00' L=52.94 11.52' 56.01' 64.62' 190.66' 189.02' 32.03' 69.99' L=31.42 33.00' 265.00' 7.49' 247.14' 27.59' L=30.49 74.14' 65.39' 88.48' 28.40' 236.41' 18.00' 5.14' 466.92' 246.90' L=28.74 L=91.73 150.83' 42.05' L=14.95 63.71' PARCEL 1 PARCEL 13 PARCEL 12 PARCEL 11 PARCEL 2 PARCEL 3 PARCEL 7PARCEL 8 PARCEL 10 PARCEL 4 PARCEL 5 PARCEL 6 PARCEL 9 76.32' 96.14' 210.65' 196.96' 180.69' 62.14' 85.00' 127.10' L=74.59 286.10' 52.61' 7 7 7 11.21' 7 7 L=9.76 PROPOSED GRANT OF RIGHT-OF-WAY IN FEE PROPOSED SLOPE /PUBLIC UTILITY EASEMENT PROPOSED SLOPE /PUBLIC UTILITY EASEMENT 8 8 6' 18' 17'12' 4'16' 15' 23' 12' 1' SIDEWALK STRIPED LANE TURN LANE TRAVEL LANE CURB CURB ISLAND STRIPED LANE TURN LANE TURN LANE TRAVEL LANE LAND INFORMATION SITE INFORMATION AFFECTED APN: 610-330-027 AND 610-330-031 PARCEL 3 0.88 ACRES TOTAL 14.16 ACRES UTILITY DATA WATER SUPPLY (FIRE & DOMESTIC) INDIO WATER AUTHORITY SANITARY SEWER VALLEY SANITARY DISTRICT STORM SEWER CITY OF INDIO NATURAL GAS SO-CALIFORNIA GAS ELECTRIC IMPERIAL IRRIGATION DISTRICT TOPOGRAPHY INFORMATION FROM SURVEY ON: 05/27/2021 PARCEL 4 0.72 ACRES BEING A SUBDIVISION OF PARCEL A OF LOT LINE ADJUSTMENT NO. 2008-01, CERTIFICATE OF COMPLIANCE RECORDED MAY 16, 2008, AS DOCUMENT NO. 2008-0265822, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY AND A SUBDIVISION OF PARCEL A OF LOT LINE ADJUSTMENT NO. 2019-07, CERTIFICATE OF COMPLIANCE RECORDED JUNE 7, 2019, AS DOCUMENT NO. 2019-0205428 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, LYING WITHIN A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. ADDRESS: VACANT LAND, INDIO, CA 92203 N.T.S. SHEET 1 OF 1 SHEET VICINITY MAP PROPERTY LINE PROPOSED PARCEL LINE ADJACENT PROPERTY LINE W WATER LINE - UNDERGROUND ELECTRIC LINE - UNDERGROUND CHAIN LINK FENCE STORM LINE - UNDERGROUND GAS LINE - UNDERGROUND BUILDING OUTLINE ROAD CENTERLINE OWNER/SUBDIVIDER: I TEN MONROE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY SURVEYOR: BASE CONSULTING GROUP, INC. 1713 11TH STREET SUITE 1 REEDLEY, CA 93654 (559) 637-1544 NEIL THONESEN, PLS 8656 EXP. 12/31/2025 SCALE: 1" = 100' BASE CONSULTING GROUP, INC. DATE OF SURVEY: MAY 27, 2021JOB NO.: 21090 LAST REVISED: 12/11/2023 TENTATIVE PARCEL MAP NO. 38417 LEGEND EASEMENTS SHOWN HEREON ARE BASED ON A COPY OF THE TITLE REPORTS PROVIDED BY STEWART TITLE OF CALIFORNIA, INC, DATED JANUARY 26, 2022, AS ORDER NO. 1573048 AND DATED JANUARY 13, 2023, AS ORDER NO. 1573079. BASE CONSULTING GROUP, INC DOES NOT ACCEPT RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF THE INFORMATION PROVIDED BY THESE REPORTS. SEWER LINE - UNDERGROUND 1. SUBJECT PROPERTY IS LOCATED WITHIN ZONE "X", AREAS WITHIN ZONE "X" ARE DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOOD PLAIN, AS DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP FOR RIVERSIDE COUNTY, CALIFORNIA. MAP NUMBER: 06065C2251H EFFECTIVE DATE: MARCH 6, 2018 2. NO BUILDINGS LIE ON SITE. MONROE STREET - EXISTING STREET SECTION (VARIES) N.T.S. EXISTING ZONING - REGIONAL COMMERCIAL (R2) PROPOSED ZONING - REGIONAL COMMERCIAL (R2) PARCEL 2 PARCEL 1 2.73 ACRES 1.73 ACRES 0 100 200FEET BENCHMARK: A BRASS DISC TAGGED RCE 32182 IN CENTERLINE OF THE INTERSECTION OF SHOWCASE BOULEVARD AND SPECTRUM STREET. ELEVATION: 498.02' BACKFLOW PREVENTOR BOLLARD DOME ELECTRIC - BOX ELECTRIC - RISER ELECTRIC - VAULT ELECTRIC CABINET ELECTRIC TRANSFORMER FIRE DEPARTMENT CONNECTION FIRE HYDRANT GAS - VALVE IRRIGATION CONTROL VALVE LEAD AND TACK LIGHT POLE MAIL BOX POWER - POLE SANITARY SEWER - CLEAN OUT SANITARY SEWER - MANHOLE SANITARY SEWER - RISER SIGN SIGN - STOP STORM DRAIN - GRATE STORM DRAIN - MANHOLE STRIPING - ARROW LEFT STRIPING - STOP TELEPHONE - MANHOLE TELEPHONE - RISER TELEPHONE - VAULT TRAFFIC SIGNAL TRAFFIC SIGNAL - BOX TRAFFIC SIGNAL - RISER TRAFFIC SIGNAL - SHORT TREE - DECIDUOUS TREE - PALM UNKNOWN - BOX UNKNOWN - RISER UNKNOWN - VAULT WATER - BOX WATER - METER WATER - RISER WATER - VALVE RESTRICTED ACCESS FROM HIGHWAY PER INSTRUMENT NO. 1905 OF OFFICIAL RECORDS PARCEL 5 1.05 ACRES PARCEL 6 0.82 ACRES PARCEL 7 1.03 ACRES PARCEL 8 1.18 ACRES PARCEL 9 0.81 ACRES EASEMENT TABLE: 1 AN EASEMENT FOR PUBLIC WATER PIPELINES, PER INSTRUMENT NO. 2015-0099084 OF OFFICIAL RECORDS 2 AN EASEMENT FOR PUBLIC WATER PIPELINES, PER INSTRUMENT NO. 2015-0099083 OF OFFICIAL RECORDS 3 AN EASEMENT FOR SEWERS AND STORM DRAINS, PER INSTRUMENT NO. 08-266723, OF OFFICIAL RECORDS 4 AN EASEMENT FOR NON-EXCLUSIVE EASEMENT, AND RIGHT-OF-WAY FOR PUBLIC UTILITY EASEMENT PER INSTRUMENT NO. 2015-0108483 OF OFFICIAL RECORDS 5 AN EASEMENT FOR A PUBLIC RIGHT OF WAY, PER INSTRUMENT NO. 08-499410 OF OFFICIAL RECORDS 6 AN EASEMENT FOR UTILITY PURPOSES PER INSTRUMENT NO. 1905 OF OFFICIAL RECORDS 7 PROPOSED 30' WIDE GENERAL PUBLIC UTILITY EASEMENT INCLUDING SANITARY SEWER 8 EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS PER DOCUMENT RECORDED MAY 16, 2008, AS DOCUMENT NO. 2008-0265825, OF OFFICIAL RECORDS CROSS SECTION OF MONROE SHOWN BELOW TAKEN HERE SITE AVENUE 42 JACKSON STREET FRED WARING DRIVE AVENUE 44
MONROE STREET10 BOULEVARD INDIO SONNY BONO MEMORIAL FREEWAY EASEMENT NOTES: NOTES: PARCEL 11 0.98 ACRES PARCEL 12 0.61 ACRES PARCEL 13 0.86 ACRES PARCEL 10 0.76 ACRES 2.50 ACRES NET GROSS 13.93 ACRES 1.73 ACRES Page 21 of 196 AGENDA ITEM #10.3 Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 718 of 1555

RECORDING REQUESTED BY AND
\VEEN RECORDED MAIL TO:
oJ~
450-460 North PalmJ.LC
c/o Weintraub Financial Services, Inc.
26880 Pacific Coast Highway
Malibu, CA 90265
Attn: Richard Weintraub
(Above Space For Recorder's Use Only)
ASSIGNl\1ENT AND ASSUMJ>TION OF DEVELOPMENT AGREEMENT
This Assignment and Assumption of Development Agreement ("Assignment'1) is made this .!J1:. day of August, 2005 by and between PACIF!f )},[{;>IO PROPERTIES, INC., a California corporation ("Assignor"), 450-460 NORTH P~:CT:c;a California limited liability company ("Assignee"), and WEJNTR.AUB FINANCIAL SERVICES, INC.,. a California corporation ("Buyer"), with reference to the following facts:

RECITALS
A. "\VHEREAS, Assignor and Buyer have previously entered into that certain Amended and Restated Agreement of Purchase and Sale and Joint Escrow Instructions (Parcel B Option - Approx. 77 acres), dated September 24, 2004, as amended by that certain First Amendment thereto dated effective as pf July 12, 2005 and that certain Second Amendment thereto (the "Second Amendment0) dated effective as of August l, 2005 (as so amended, the "Purchase Agreement"), respecting the sale of certain "Property\ including the "Land" described therein (each as defined in the Purchase Agreement). The legal description of the Land is set forth on Exhibit "A" attached hereto and incorporated herein by reference. • B. WHEREAS, under the Purchase Agreement, Assignor is obligated to assign to Buyer any and all of its right, title and interest (as it relates to the Land) in and to that certain Development Agreement between the City of Indio {the "City") and Assignor dated November 27, 1991, and recorded in the Official Records of Riverside County, California on February 11, 1992 as Instrument No. 047277, as amended by that certain Amendment to Development Agreement dated as of September 3, 1997 (as so amended, the 11Development Agreement").

C. WHEREAS, pursuant to the Second Amendment, Buyer has assigned all of its right, title and interest in, to and under the Purchase Agreement to Assignee. Pursuant to such Second Amendment, Buyer has agreed to remain primarily liable for the performance of all of its obligations under the Purchase Agre~ent.
015.701336.1 I

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 719 of 1555 AGREE1\1ENT
NOW, THEREFORE, in consideration of the above-referenced facts and the covenants of the parties contained below in this Assignment, and for other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties hereby agree as follows:
1 . Assignment and Assumption. Assignor hereby assigns and transfers to Assignee, as of the Closing Date (as defined in the Purchase Agreement), all of its right, title and interest in, to and under the Development Agreement (as it relates to the Land), and Assignee hereby accepts from A.ssignor all of such right, title and interest, upon the terms and conditions set forth in this Assignment.

2. Assumption of Obligations. Assignee hereby expressly and unconditionally assumes and agrees to perform and fulfill, from and after the Closing Date, all the duties, terms, covenants, conditions and obligations required to be fulfilled and performed by Assignor after the Closing Date under the Development Agreement (as it relates to the Land).

3. Indemnity by Assignee and Buyer. Assignee and Buyer hereby agree to jointly and severally indemnify and hold harmless Assignor, Assignor's agents and their respective successors and assigns from and against any and all claims, losses, liabilities and expenses, includmg reasonable attorneys' fees, suffered or incurred by Assignor by reason of any breach by Assignee from and after the Closing Date of any of Assignee1s duties,. terms, . covenants, conditions and obligations under the Development Agreement (as it relates to the Land).

4. Indemnity by Assignor. Assignor hereby agrees to indemnify.and hold harmless Assignee, Assignee's agents and their respective successors and assigns from and against any and all claims, losses, liabilities and expenses, including reasonable attorneys' fees, suffered or incurred by Assignee by reason of any breach by Assignor (a) prior to the Closing Date of any of Assignor's duties, terms, covenants, conditions and obligations under the Development Agreement (as it relates to the Land) and (b) before or after the Closing Date, of any of Assigor's duties, terms, covenants, conditions and obligations under the Development Agreement (other than as it relates to the Land)

5. Representations and Warranties. Assignor represents and warrants to Assignee that (a) Assignor is not in default of the Development Agreement; (b) the execution of this Assignment by Assignor and the assignment itself have been authorized and no further authorization is necessary on the part of Assignor; (c) the Development Agreement has not been amended, modified or rescinded ( other than pursuant to that certain Assignment and Assumption of Development Agreement between Assignor and Charlotte Southwest Corporation, a Delaware corporation, dated February 20, 2002) and remains in full force and effect; (d) the Development Plan is as set forth in Paragraph 10 of the Development Agreement and has not been amended, modified or rescinded and (e) the Reimbursement Agreement described in Paragraph 13.3 of the Development Agreement has not been executed and/or delivered by Assignor with respect to the Land. i
2 015-701336.1

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 720 of 1555

6. Attorney's Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other party arising out of this Assignment, then in that event the party who is determined to be the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including reasonable attorneys' fees.

7. Successors and Assigns; Entire Agreement. This Assignment shall be binding upon and inure to the benefit of the successors, assignees, personal representatives, heirs and legatees of all the respective parties hereto. Tb.is Assignment constitutes the entire understanding among the parties with respect to the subject matter hereof.

8. Governing Law. Th.is Assignment shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of the State of California.

9. Counterparts. This Assignment may be executed in multiple counterparts (each of which is to be deemed an original for all purposes).

10. Defined Terms. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such tenns in the Purchase Agreement IN \VITNESS WHEREOF, Assignor, Assignee and Buyer have executed and delivered this Assignment as of the day and year first above written. "Assignor"

PACIFIC INDIO PROPERTIES, IN
a California corporation
By:

Mazen Habiby, Vice President
'
1 Assignee,, ~ ·/? /
450-460 NO 1/
a Califomi pahy
By:

N
Title: Manager
"Buyer" ~.~ WEINTRAUB FIN IAL~0
y ~ C., /~",''
By:

N
3 015.701336.1 ..3

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 721 of 1555 015.701336.1
STATE OF CALIFORN1A )
) ss
COUNTY OF tre :A~<L\a ;::i )
On A~-~ , 2005 befo~me, Ccdl LlctiYtWnd . , personally appearedtiao :£ab~, . , pers nally known to me (or proved to me on the basis of satisfactory evidence) to~ he person(() whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in bis~ authorized capaci~, and that by his~ signatureOO on the instrument, the person().), or the entit ·upon behalf of which the person()) acted, executed this instrument. )
1~- _/ )ss
COUNTY OF McS e-1-e:_s )
o.......,) ,' ~ ,1,
On_.._...,...,_+---- 05, before me ~(ly rr~ ~ personally appeared ,__-,,..-,:.,, e , VvG I ~,---t,,t1-:--:,. ,---p~-=~------m-e_(_o_r_p;oved to me on the basis of satisfactory evidence) to be the person(.s) whose name(.s.) is/ara--subscribed to the within instnunent and acknowledged to me that he/slrelthey-executed the same in bis/herfthclr authorized capacity(4es:), and that by his/her/their signature(SJ on the instrument, the person(sf, or the entity upon behalf of which the person(s) acted, executed this instrument.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 722 of 1555 015.701336,1

STATE OF CALIFORNIA )
) ss
COUNTY OF Mi &jeJ.eS )
·On . JS- , 2005, before me, Ko ..$~y Pr e__,e,,.c,' ~ , personally appeared ~,.,..__.. ~ ~/ /Vr/4:;?iie, pers~wn to me (or proved to me on the basis of satisfactory evidence) to be the person(&, whose namefs-) is/are subscribed to the within instrument and acknowledged to me that he/~fuey executed the same in his,.'hooltheir authorized capacity(tes:}, and that by his/h@f/1;heir signature~on the instrument, the personW, o e entity upon behalf of w • the person(sj acted, executed this instrument. (Seal)
5 5

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 723 of 1555 Exhibit "A"
Legal Description of Land
i
015-701336.1

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 724 of 1555

LEGAL DESCRIPTION
Order Number: NCS-113346-LAl
Page Number: 7
Real property in the City of Indio, County of Riverside, State of ca!ifornia, described as follows:

PARCEL A:

THOSE PORTIONS OF LOTS 5 AND 6 OF THE COACHELLA lAND AND WATER COMPANY'S SUBDMSION OF A PORTION OF SECTJON 15, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN ll-¾E OTY OF INDIO, COUNTY OF RNERSIDE, STATE OF CALIFORNIA, A5 SHOWN BY MAP ON FILE IN BOOK 6, PAGE 24, OF MAPS, IN THE OFFICE OF THE COUNlY RECORDER OF SAID COUNTY LYING NORTiiERL Y OF THE NORTH UNE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 24, 1969 AS INSTRUMENT NO. 28000 OF OFFIOAL RECORDS.

PARCEL B:

PARCEL A OF LOT UNE ADJUSTMENT 2005-8 AS SHOWN IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 31, 2005 AS INSTRUMENT NO. 2005-252257 OF OFFIOAL RECORDS, DESCRIBED AS FOLLOWS:

IBAT PORTION OF LOT 3 AND 4 AS SHOWN ON TRACT MAP ON FILE IN BOOK 6, PAGE 24,

INCLUSNE TRACT MAP, RECORD OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, LYING WITHIN SECTION 15, TOWNSHIP 5 SOlJTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING ATTiiE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOLJTii 89°46'20" WEST 1664.71 FEET ALONG TT-lE NORTH LINE OF SAID SECTION 15, ALSO BEING CENTERLINE OF 42ND AVENUE;
THENCE SOUTH 00°10'01" EAST 1000.38 FEET;
IBE;NCE SOUTH 89C>46'20" WEST 933.38 FEET TO A POINT ON THE WESTERLY UNE OF SAID LOT3;
THENCE SOUTH 00°10'01" EAST 321.96 FEET ALONG 11-lE WEST LINE OF SAID LOT 3 TO TI-IE SOlJTHWEST CORNER THEREOF;
THENCE NORTH 89C>38'56" EAST 2396.14 FEET ALONG THE SOIJTI-l~RLY LINE OF SAID LOT'S 3 AND 4 TO A POINT ON THE NORTHERLY RIGHT OF WAY OF INTERSTATE 10; THENCE NORTH 55°40'17" EAST 230.04 FEET ALONG SAID RIGHT OF WAY TO THE WESTERLY RIGHT OF WAY OF MONROE STREET; ,
THENCE NORTH 07°06'24" EAST 362.69 FEET ALONG SAID WESTERLY RIGHT OF WAY; 11-IENCE NORTH 02°32'20" WEST 829.15 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE POINT OF BEGINNING.

APN: 610-020-010-0, 610-020-020-9, 610-020-011-1 and 610-020-019-9 Rrst American Ttf:le Insurance Company
i
7

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 725 of 1555

RECORDJNG REQUESTED BY AND
WHEN RECORDED MAIL TO:
l)n,,«d
450-460 North Palm,J.LC
c/o Weintraub Financial Services, Inc.
26880 Pacific Coast Highway
Malibu, CA 90265
Attn: Richard Weintraub
(Above Space For Recorder1s Use Only)
ASSIGNMENT AND ASSU1\1PTION OF DEVELOPMENT AG~EM:ENT
1jais Assignment and Assumption of Development Agreement ("Assignment") is made this J.1d.:_ day of August, 2005 by and between P ACIFI~~IO PROPERTIES, INC., a California corporation ( 11Assignor11 ), 450-460 NORTH PAD4(LLC, a California limited liability - company ("Assignee"), and WEINTRAUB FINANCIAL SERVICES, INC., a Califorrua corporation ("Buyerir), with reference to the following facts:

RECITALS
A. WHEREAS, Assignor and Buyer have previously entered into that certain Agreement of Purchase and Sale and Joint Escrow Instructions (Parcel B Option - West of Monroe - Approx. 20 acres) dated April 5, 2005, as amended by that certain First Amendment thereto (the "First Amendment") dated effective as of August 1, 2005 (as so amended, the - 11Purchase Agreement''), respecting the sale of certain °Property", including the "Land" described therein (each as defined in the Purchase Agreement). The legal description of the Land is set forth on Exrubit "A" attached hereto and incorporated herein by reference.

B. WHEREAS, under the Purchase Agreement, Assignor is obligated to assign to Buyer any and all of its right, title and interest (as it relates to the Land) in and to that certain Development Agr~ement between the City of Indio (the "Cityu) and Assignor dated November 27, 1991, and recorded in the Official Records of Riverside County, California on February 11, 1992 as Instrument No. 047277, as amended by that certain Amendment to Development Agreement dated as of September 3, 1997 (as so amended, the nDevelopment Agreement Ii).

C. WHEREAS, pursuant to the First Amendment, Buyer has assigned all of its right, title and interest in, to and under the Purchase Agreement to Assignee. Pursuant to such First Amendmentt Buyer has agreed to remain primarily liable for the performance of all of its obligations under the Purchase Agreement.
015.701363.1

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 726 of 1555

AGREEMENT
NOW, THEREFORE, in consideration of the above-referenced facts and the covenants of the parties contained below in this Assignment, and for other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties hereby agree as follows:
l. Assignment and Assumption. Assignor hereby assigns and transfers to Assignee, as of the Closing Date (as defined in the Purchase Agreement), all of its right, title and interest in, to and under the Development Agreement ( as it relates to the Land), and Assignee hereby accepts from Assignor all of such right, title and interest, upon the terms and conditions set forth in this Assignment.

3. Indemnity by Assignee and Buyer. Assignee and Buyer hereby agree to jointly and severally indemnify and hold narmless Assignor, Assignor's agents· and their respective successors and assigns from and against any and all claims, losses, liabilities and expenses, including reasonable attorneys' fees, suffered or incurred by Assignor by reason of any breach by Assignee from and after the Closing Date of any of Assignee's duties, terms, covenants, conditions and obligations under the Development Agreement (as it relates to the Land).

4. Indemnity by Assignor. Assignor hereby agrees to indemnify and hold hrnless Assignee, Assignee's agents and their respective successors and assigns from and against any and all claims, losses, liabilities and ex_penses, including reasonable attorneys' fees, suffered or incurred by Assignee by reason of any breach by Assignor (a) prior to tJ:ie Closing Date of any of Assignor's duties, terms, covenants, conditions and obligations under the, Development Agreement (as it relates to the Land) and (b) before or after the Closing Date, of any of Assigor's duties, terms, covenants,. conditions and obligations u..11der the Development Agreement (other than as it relates to the Land)

5. Representations and Warranties. Assignor represents and warrants to Assignee that (a) Assignor is not in default of the Development Agreement; (b) the execution of this Assignment by Assignor and the assignment itself have been authorized and no further authorization is necessary on the part of Assignor; (c) the Development Agreement has not been amended, modified or rescinded ( other than pursuant to (i) that certain Assignment and Assumption of Development Agreement . between Assignor and Charlotte Southwest Corporation, a Delaware corporation, dated February 20, 2002, and (ii) that certain Assignment and Assumption of Development Agreement between Assignor and WN Indio, LLC, a California limited liability company, dated April 19, 2005) and remains in full force and effect; (d) the Development Plan is as set forth in Paragraph 10 of the Development Agreement and has not been amended, modified or rescindtd and (e) the Reimbursement Agreement described in Paragraph 13.3 of the Development Agreement has not been executed and/or delivered by Assignor with respect to the Land.
2 015.701363, 1
9

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 727 of 1555

6. Attorney's Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other party arising out of this Assignment, then in th.at event the party who is determined to be the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including reasonable attorneys' fees.

7. Successors and Assigns; Entire Agreement. This Assignment shall be binding upon and inure to the benefit of the successors, assignees, personal representatives, heirs and legatees of all the respective parties hereto. This Assignment constitutes the entire understanding among the parties with respect to the subject matter hereof.

8. Governing Law. This Assignment shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of the State of California.

9. Counterparts. This Assignment may be executed in multiple counterparts ( each of which is to be deemed an original for all purposes).

10. Defined Terms. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement. • W WITNESS WHEREOF, Assignor, Assignee and Buyer have executed and delivered this Assignment as of the day and year first above .vritten. "Assignor"
PACIFIC INDIO PROPERTIES, WC.,
a California corporation
By:

Mazen Habiby, Vice Pres
"Buyer"
By:

Name:.,,__ ___________ _
,Title: ____________ _
015.7D1363.1
3 "Assignee,_
By:
ame: Richard E. Weintraub
Title: Manager

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 728 of 1555 015.701363, 1

STATE OF CALIFORNIA )
) ss
COUNTY OF L:::6:Ar:gtla:::i) ' .
0n ~-/~ ,20os,~~Je.reme Cn5t{ L7a1\~
personally appearect7tfz:OJlllQIJ....,... ___ ~ pers nally known to me (or proved to me on the basis of satisfactory evidence) to bet e personOO whose name~ is/~ subscribed to the within instrument and acknowledged to me that he~ executed the same in his~ authorize capacity(\4j, and that by his~ signature(ll on the instrument, the person((), or thee. ty on behalf of which the person()) acted, executed this instrument.

STATE OF RNIA )
COUNTY OF fJJ.j . eA es ) / a r d~;/ / ) SS
On , I) , 2005, before me, es~ ~cld-i> ,
personally appeared € W I ft_ ~ally known t-e me (or proved to me on the basis of satisfactory evidence) to be the perso$} whose name(s}is/au-subscribed to the within instrument and acknowledged to me that he/sWthey executed the same in hislh@f/their authorized capacity(ies-), and that by hisloor/.th@ir signature{,s}-on the instrument, the person( , r the entity upo behalf o hich the person(s} acted, executed this instrument. w
(Seal)
PRECIADO •
f'l4p6842
Publ!c • Cci!Uornla f
~County -
. • , ~ Dae 1~2l>7
II

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 729 of 1555 015.701363.1

STATE OF CALIFORNIA )
_ / ) ss
COUNTY OF /X f&'j .eA.e S )
On , /5, 2005, before me, Vos ~(l 1 f 1-e,c:_,/~ ,
personally appeared e,. w8/N "'A ii p.srs?na.Ily known to Ille (or proved to me on the basis of satisfactory evidence) to be the person(.} whose narne(.s.) is/are-subscribed to the within instrument and acknowledged to me that he/she/,they executed the same in bis/her/thcif--authorized capacity(its-), and that by his/hei.:ftb.eir signature(s}on the- instrument, the person(.5-y,or the entity upon behalf of which the persoIJ,.tS) acted, executed this instrument. \VTINES handandt;;;f
5 (Seal)
• -•••ee-eee
ROSEl\.1ARY P~ECIADO i
Corlvn!ssioo t 14!6842
lory Pub/IC' • Coll
County
·, .

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 730 of 1555 Exhibit "A II
Legal Description of Land
015.701363.1 /6

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 731 of 1555 Order Number: NCS-113338-LA.1
- Page Nurnber:7

LEGAL DESCRIPTION
Real property in the City of Indio, County of Rlverside, State of California, described as follows:

PARCEL 8 OF LOT UNE ADJUSTMENT 2005-8 AS SHOWN IN A CERTIFICATE OF COMPLIANCE RECORDED MARCH 31, 2005 AS INSTRUMENT NO. 2005-252257 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

THAT PORTION OF LOT 3 AS SHOWN ON TRACT MAP ON FILE IN BOOK 6, PAGE 24, INCLUSIVE TRACT MAP, RECORDS OF RIVERSIDE COUNTY, STATE OF CA.UFORNIA,.LYING WITHIN SECTION 15, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3;
THENCE NORTH 89°46'20" EAST 933.38 FEET ALONG THE NORTH LINE OF SAID SECTION 15 AND THE CENTERLJNE OF 42ND AVENUE;
THENCE SOlJTH 00°10'01" EAST 1000.38 FEET THENCE NORTH 89°46'20'' EAST 933.38 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3;
THENCE NORTH 00° 10'01" WEST 1000.38 FEET ALONG SAID WESTERLY LINE TO TI-IE POINT OF BEGINNING.

APN: 610-020-019-9
first American Tttfe Insurance Company

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 732 of 1555 Rec6tdlng· ~equested By
Rrst American litle Company

RECORDING REQUESTED BY AND
\VHEN RECORDED MAIL TO:
\1/N Indio LLC
c/o Weintraub Financial Services, Inc.
26880 Pacific Coast Highway
Malibu, CA 90265
Attn: Richard Weintraub )vi s
A R
C O.P. v ·ot D~fUment Recorded
on APR 2 G 20~ No. U346438
has not been compared with
original.

LARRY W. WARD
County Recorder

RIVERSIDE COUNTY CALIFORNIA
u P",Gf. srzs D~ PCOR NOCQti SMF
l COl'Y LONG .REFUND NCHC

ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
;
Vris Assignment and Assumption of Development Agreement ("Assignment") is made this · day of April, 2005 by and between PACIFIC INDIO PROPERTIES, IN'C, a California corporation ("Assignor"), Vv'N INDIO LLC, a California limited liability company ("Assignee"), and WEINTRAUB FINANCIAL SERVICES, lliC, a California corporation ("Buyer"), with reference to the following facts:

RECITALS
A. VlHEREAS, Assignor and Buyer have previously entered into that certain Second Amended and Restated Agreement of Purchase and Sale and Joint Escrow Instructions (Parcel A - East of Monroe and Parcel C - East of Monroe) dated as of April _5_, 2005 (the "Purchase Agreement"), respecting the sale of certain "Property", including the "Land" described therein (each as defined in the Purchase Agreement). The legal description of the Land is set forth on Exhibit "A" attached hereto and incorporated herein by reference.

B. WHEREAS, under the Purchase Agreement, Assignor is obligated to assign to Buyer any and all of its right, title and interest (as it relates to the Land) in and to that certain Development Agreement between the City of Indio (the "City") and Assignor dated November 27, 1991, and recorded in the Official Records of Riverside County, California on February 11, 1992 as Instrument No. 047277, as amended by that certain Amendment to Development Agreement dated as of September 3, 1997 (as so amended, the "Development Agreement").

C. WHEREAS, pursuant to that certain First Amendment to Second Amended and Restated Agreement of Purchase and Sale and Joint Escrow Instructions (Parcel A - East of Monroe and Parcel C - East of Monroe) between Buyer and Assignee dated as of April !._L, 2005, Buyer has assigned all of its right, title and interest in, to and under the Purchase Agreement to Assignee. Pursuant to such amendment, Buyer has agreed to remain primarily liable for the performance of all of its obligations under the Purchase Agreement 015684402.2
l,.USC
€>1;,W
15

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 733 of 1555

1. Assignment and Assumption. Assignor hereby assigns and transfers to Assignee, as of the Closing Date (as defined in the Purchase Agreement), all of its right, title and interest in, to and under the Development Agreement (as it relates to the Land), and Assignee hereby accepts from Assignor all of such right, 6t]e and interest, upon the terms and conditions set forth in this Assignment.

2. Assumption of Obligations. Assignee hereby expressly and unconditionally assumes and agrees to perform ;µ1d fulfill, from and after the Closing Date, all the duties, terms, covenants, conditions and obligations required to be fulfilled and performed by Assignor after the Closing Date under the Development Agreement (as it relates to the Land).

3. fodemnity by Assignee and Buyer. Assignee and Buyer hereby agree to jointly and severally indemnify and hold hannless Assignor, Assignor's agents and their respective successors and assigns from and against any and all claims, losses, liabilities and expenses, includii1g reasonable attorneys' fees, suffered or incWTed by Assignor by reason of any breach by Assignee from and after the Closing Date of any of Assignee's duties, terms, covenants, conditions and obligations under the Development Agreement (as it relates to the Land).

4. Indemnity by Assignor. Assignor hereby agrees to indemnify and hold harmless Assignee, Assignee's agents and their respective successors and assigns from and against any and all claims, losses, liabilities and expenses, including reasonable attorneys' fees, suffered or incurred by Assignee by reason of any breach by Assignor (a) prior to the Closing Date of any of Assignor's duties, tenns, covenants, conditions and obligations under the Development Agreement (as it relates to the Land) and (b) before or after the Closing Date, of any of Assigor's duties, terms, covenants, conditions and obligations under the Development Agreement (other than as it relates to the Land)

5. Representations and Warranties. Assignor represents and warrants to Assignee that (a) Assignor is not in default of the Development Agreement; (b) the execution of this Assignment by Assignor and the assignment itself have been authorized and no further authorization is necessary on the part of Assignor; (c) the Development Agreement has not been amended, modified or rescinded (other than pursuant to that certain Assignment and Assumption of Development Agreement between Assignor and Charlotte Southwest Corporation, a Delaware corporation, dated February 20, 2002) and remains in full force and effect; ( d) the Development Plan is as set forth in Paragraph 10 of the Development Agreement and has not been amended, modified or rescinded and (e) the Reimbursement Agreement described in Paragraph 13.3 of the Development Agreement has not been executed and/or delivered by Assignor with. respect to the Land.
2 lb

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 734 of 1555

6. Attorney's Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, conditions, agTeernents or provisions on the part of the other party arising out oftrus Assignment, then in that event the party who is determined to be the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including reasonable attorneys' fees.

7. Successors and Assigns; Entire Agreement. This Assignment shall be binding upon and inure to the benefit of the successors, assignees, personal representatives, heirs and legatees of all the respective parties hereto. This Assignment constitutes the entire understanding among the parties with respect to the subject matter hereof.

8. Governing Law. This Assignment shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of the State of California.

9. Counterparts. This Assjgnment may be executed in multiple counterparts ( each of which is to be deemed an original for all purposes).

10. Defined Terms. C-apitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.

IN WITNESS WHEREOF, Assignor, Assignee and Buyer have executed and delivered this Assignment as of the day and year first above ,vritten. / / / "Assignor" "Assignee" /·/ i'/~I-/ /
PACIFIC INDIO PROPERTIES, INC. VIN INDIO LLC ,.// ,,/ 1(, a California corporation a California li i~)riy • VJl-"ny By: _____________ By: /;If,-/ ..L r
Mazen Habiby, Vice President Name/.'.: cc 'I' - 1 ?k.;1 -·e,.I 4J t 'f frl O 1 "Buyer" . I I Title:' i,!}_N·A k_
WEINTRAUB VICES, INC.,
a California rp
By: I
Name: / ,- t..i4 ,..,,,,01-: ---'-"--'~...i...:...--"'-'--"-'--'"--::......tc-...:.....,...

Title: ______ 1_,,...A4""6.Jo;l;;.;,;;1;:,1..,..t.-"!r/:F-1,""-'t,.,.,~s:: ,_a_(-f_.___ .3

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 735 of 1555

7. Successors and Assigns; Entire Agreement This Assignment shall be binding upon and inure to the benefit of the successors, assignees, personal representatives, heirs and legatees of all the respective parties hereto. This Assignment constitutes the entire understanding among the parties with respect to the subject matter hereof.

8. Governing Law. This Assignment shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of the State of California.

9. Counterparts. This Assignment may be executed in multiple counterparts (each of which is to be deemed an original for all purposes).

10. Defined Terms. Capitalized terms used and not othenvise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.

IN WITNESS WHEREOF, Assignor, Assignee and Buyer have executed and delivered this Assignment as of the day and year first above written. "Assignor"
PACIFIC INDIO PROPERTIES, INC.
a California corporati •n 1 ' ~
By:

Mazen Habiby, ~ ?resident '-
I
"Buyer"
''Assignee"
VIN Il\TJJIO LLC,~
a California limited liability company
By;
Name: ------------- Tit I e: --------------
WEINTRAUB FINANCIAL SERVICES, INC.,
a California corporation
By:

Name: _________ ~---
Tit1e: --------------~
3 015.684402.2

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 736 of 1555 ST A TE OF CALIFORN1A )
) ss
couNTY oF Los Aryder ) ~n.:l.___ uJr 1• 6+- □ 'ij-20 , 200:j, before me, ~rd l, Je.,)q;fmJ/, 'itJ} personally appeared :/3:J-aJ (Jk,114trat4:;:z , personally known to me (or proved to me on the basis of satisfactory ev1dence) to be the personfet whose nam~ is/a«;.subscribed to the within instrument and acknowledged to me that he/~ executed the same in hisLhetltheiL authorized capacit~, and that by hls.ther/thcir signatur~ on the instrument, the perso~, or the entity upon behalf of which the person~acted, executed this instrument

ST A TE OF CALIFORNIA
COUNTY OF _____ _
)
) ss
)
(Seal)
On , 2005, before me, , ------ ----~---------- person a Il y appeared ______________ personally known to me (or proved to me on the basis of satisfactory evidence) to. be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisfher/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument.

WITNESS my hand and official seal.
(Seal)
IC/
015,684402.2

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 737 of 1555

ILLEGIBLE NOTARY SEAL DECLARATION
Government Code Section 27361. 7
I certify under penalty of perjury that the notary seal on lhe document to which this statement attached reads as follows:

Name of Notary:

Date Commission Expires:

Notary Identification No:
(for Notaries commissioned at 1/1/92)
ManufacturerNendor Identification No:
(for Notaries commissioned at 1/1/92)
Place of Exewtion of this Declaration:

Date:

Rhonda M. Wright
Feb. 17, 2009
1553318
NNA1
Los Angeles County
APRIL 22, 2005

CE COMPANY

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 738 of 1555 015.664402,2

STATE OF CALIFORNIA )
- ) ss
coUNrY oF l tp~ \ct:s )
On .f¼;> • (\'1~ bCm1f12IJd ,
personally appeared _ _J_'---.ll.-4---'-.>.U._...L.J~~-'='---''t-----' per; nally known to me (or proved to me on the basis of satisfactory evidence) to e the personOO whose name~) is~ subscribed 1o the within instrument and acknowledged to me that he~ executed the same in his~ authorized capacity(iW, and that by his~ signature(~ on the instrument, the person((), or the en~ upon behalf of which the person(() acted, executed this instrument. \ "NESS ha o c1al seal. i· 0 - " .. ---
~ki$fr'l - ..., -TOWN'-.~ND - ~
_ 1qommission # 1356012

STATE OF CALIFORNIA

COUNTY OF -------
)
) ss
)
On , 2005, before me,
. ~ry Pubnc - California J
Loa Angeia County -
~ 10,2006
------ --------------- personally appeared ______________ , personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed t.he same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument.

WITNESS my hand and official seal.
(Seal)
i

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 739 of 1555 ILLEGlBLE NOTARY SEAL DECLARATION
Government Code Section 27361, 7
! certify under penalty of perjury that the notary sea! on the documen! to which this statement attached reads as follows:

Name of Notary:

Date Commission Expires:

Notary Identification No:
(for Notaries commissioned at 1 /1 /92}
ManufacturerNendor Identification No:
{for Notaries commissioned at 1/1/92)
Place of Execution of this Declaration:

Date:

Cristy L. Townsend
May 10, 2006
1356012
NNA1
Los Angeles County
APRIL 22, 2005

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 740 of 1555

LEGAL DESCRIPTION - WEINTRAUB INDIO PACIFIC

PARCEL A
Parcel A of Lot Line Adjustment 2005•7 as shown in Certificate of Compliance recorded March 31, 2005 as Instrument No. 2005~252255 of Official Records, described as follows:

Those portions of Parcels 2 through 4, inclusive, of Parcel Map as shov.'Il in Book 1 of Parcel Maps, page 5 8, and Parcel 1 of Parcel Map as shown in Book 2 of Parcel Maps, page 21, both records of Riverside County, State of California, more particularly described as fo Hows:

Beginning at the Northwest corner of said Parcel 4, being the intersection of the southerly right of way of Avenue 42 and the easterly right of way of Monroe Street as shown on said Parcel Map Book 1, page 58;
Thence North 89°10'57" east 1788.85 feet along said southerly right of way; Thence South 02°32'20" east 1622.72 feet to a point on the southerly line of said Parcel 4, being the northerly right of way of Interstate 10 as shown on said parcel Map Book 1, page 5 8; Thence NortJ1 84°33'17" West 391.23 feet along said northerly right of way; Thence NortJ-1 79°39'47" West 441.12 feet to the beginning of a tangent curve concave northerly and having a radius of 1440.00 feet;
Thence northwesterly along the arc of said curve and arc distance of 398.40 feet through a central angle of 15°51 '07";
Thence North 63°48'40" West 384.51 feet;
Thence North 68°27'06" West 210.47 feet to a point on the easterly right of way of said Monroe Street;
Thence North 11 °22'51" West 377.34 feet;
Thence North 02°32'20" West 62.14 feet to the beginning of a tangent curve concave southeasterly and having a radius of 20.00 feet;
Thence northeasterly along the arc of said curve and arc distance of 31.42 feet through a central angle of 90°00'00";
Thence North 87°27'40" East 270.00 feet along the southerly right of way of Buena Vista Avenue as shown on said Parcel Map Book 1, page 58 to the end thereof; Thence North 2°32'20" West 66.00 feet to the terminus of the northerly right of way of said Buena Vista Avenue;
679601 0 lft.A
W9520.00Jl4~19-051mlm'JP

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 741 of 1555 Thence South 87°27'40" West 140.00 feet said northerly right of way to the southeast comer of Parcel 2 of said Parcel Map Book 2, page 21;
Thence North 02°32'20" West 150.00 feet along the easterly line of Parcel 2 of said Book 2, page 21 to the northeast corner thereof;
'Thence South 87°27'40" West 150.00 feet along the northerly iine of Parcel 2 of said Parcel Map Book 2,. page 21 to the northwest corner thereof, also being a point on the easterly right of way of srud Monroe Street;
Thence North 02°32'20" West 141.56 feet;
Thence South 87°27'40'' West 12.00 feet;
Thence North 02°32'20" West 336.52 feet to the point of beginning. 679601 Ol/l..A
W9520-00)14-. 19,-05/mlmljp
Z'f

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 742 of 1555 LEGAL DESCRlPTlON - WEINTRAUB INDIO PACIFIC

PARCELC
Parcel C of Lot Lin.e Adjustment 2005-7 as shown in Certificate of Compliance recorded March 31, 2005 as Instrument No. 2005-252255 of Official Records, described as follows:

That portion of Parcel 4 of Parcel Map as sho\.Vll in Book 1 of Parcel Maps, page 58, Records of Riverside County, State of California, more particularly described as follows:

Commencing at the northwest comer of said Parcel 4, being the intersection of the southerly right of way of Avenue 42 and the easterly right of way of Monroe Street as shown on said Parcel Map Book 1, page 8;
Thence North 89°10'57" East 1788.85 feet along said southerly right of way; Thence South 02°32'20" East 633.33 feet to the point of beginning; Thence continuing South 02°32'20" East 989.39 feet to a point on the southerly line of said Parcel 4, being the northerly right of way line ofinterstate 10 as sho\1/!1 on said Parcel Map Book 1, page 58;
Thence South 84°33'17" East 800.48 feet to the southeast corner of said Parcel 4; Thence North 01 ° 13 '54" West 268. 78 feet along the easterly line of said Parcel 4 to a point on a non~tangent curve concave northeasterly and having a radius of 98.00 feet, a line radial to said curve at said point bears North_25°26'48" East;
Thence northwesterly aJong the arc of said curve an arc distance of 125.16 feet through a central angle of73°10'23";
Thence North 08°37'1 l" East 41.38 feet to the beginning of a tangent curve concave westerly and having a radius of 100.00 feet;
Thence Northerly along the arc of said curve and arc distance of 17.19 feet through a central angle of09°51 '05";
Thence North 01 °13154" West 51.74 feet along the westerly right of way of Spectrum Boulevard,

88.88 feet wide;
Thence North 45°34'10" West 25.16 feet;
Thence North 01 °46.23n West 44.01 feet;
i
Thence North 89°54'30" West 755.82 feet to the point of beginning. 679ii02.D!/LA
W9SZ~0J/4-l 9--05/mltn/jp
ZS

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 743 of 1555

ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
This Assignment and Assumption of Development Agreement ("Assignment") is entered into as of August_, 2005 between Pacific Indio Properties, Inc., a California corporation ("Assignor"), and Urban.ica, LLC, a California limited liability company ("Assignee").

RECITALS

1. The City of Indio (the "City") and Assignor, as a property owner, are parties to that certain Development Agreement (the "Development Agreement") dated November 27, 1991 and recorded in the Official Records of Riverside County, California on February 11, 1992 as Instrument No. 047277 regarding approximately 241 acres of land located in the City ofindio and described on Exhibit A attached hereto (the "Property").

2. The City and Assignor amended the Development Agreement pursuant to the terms and conditions of that certain Amendment to Development Agreement (the "Amendment") dated as of September 3, 1997. The Development Agreement and the Amendment are collectively referred to herein as the "Agreement"

3. Assignor now desires to sell a portion of the Property, more specifically described on Exhibit B attached hereto (the "Premises"), to Assignee pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated May 31, 2005, as amended, and incidental to such sale, Assignor desires to assign its interests under the Agreement as they relate to the Premises to Assignee on the terms set forth below.

4. Assignee is willing to accept such assignment of, and to assume Assignor's obligations under, the Agreement on the terms set forth below.

NOW THEREFORE, in consideration of the foregoing, the parties agree as follows:

1. Assignment.

Assignor assigns and transfers to Assignee, effective as of the Effective Date (as hereinafter defined), all of its right, title, and interest in the Agreement as its relates to the Premises and Assignee accepts from Assignor all such right, title, and interest, subject to the terms and conditions set forth in this Assignment.

2. Assumption of Obligations.

Assignee expressly and unconditionally assumes and agrees to perform and fulfill, from and after the Effective Date, all the duties, terms, covenants, conditions, and obligations required to be performed and fulfilled by Assignor as the owner of the Premises under the Agreement.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 744 of 1555

3. Representations and Warranties.

Assignor represents and warrants to Assignee that Assignor is not in default of the Agreement. Furthermore, Assignor represents and warrants to Assignee that the execution of this Assignment by Assignor and the assignment itself have been duly authorized and no further authorization is necessary on the part of Assignor. Except for the consent of the City as set forth below, no approvals or consents of any person or entity are necessary to the assignment contemplated hereby.

4. Effective Date.

The Effective Date shall mean the date on which a deed conveying the Premises to Assignee is recorded in the office of the County Recorder of Riverside County, California.

5. Successors and Assigns.

This Assignment shall be binding on and inure to the benefit of the parties hereto and each of their successors in interest, and assigns.

6. Governing Law.

Th.is Assignment shall be governed by and construed in accordance with California law.

7. Attorneys' Fees.

In the event of bringing any action by any party hereto against any other party, the party who is determined to be the prevailing party shall be entitled to recover its costs and expenses of suit, including reasonable attorneys' fees.

8. Counterparts.

This Agreement may be executed in counterparts.

9. Entire Agreement.

This Agreement constitutes the entire understanding among the parties with respect to the subject matter hereof, and no amendment or modification of this Agreement shall be effective unless executed by all of the parties hereto.

10. Condition Precedent.

This Assignment shall not be effective until City has consented to this Assignment in the form below.
2

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 745 of 1555 The parties have executed this Assignment and Assumption of Development Agreement as of the date first above written.
3 PACIFIC INDIO PROPERTIES, INC.,
a California corporation
(" Assignor")
By.

Title: ~~---:'--+-4,..q,,,;,&..d:o_l,'..LJD'-<'.'.l_ __ ~

URBANTCA, LLC,
a California limited liability company!
(" Assignee")
By:

Mazen H. Habiby, Manager

Page 49 of 196 ends

Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 746 of 1555

CITY'S CONSENT
The undersigned consents to the foregoing Assignment and Assumption of Development Agreement dated as of August·-' 2005 by and between Pacific Indio Properties, Inc., a California corporation, and Urbanica, LLC, a California limited liability company.

Dated: , 2005 -~----
CfTY OF fNDIO
("City")
By:

Title: Mayor
Attest: -------~----- Title: City Clerk
Zlj

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 747 of 1555 Exhibit 11 Au
Legal Description of Property

Page 51 of 196 ends

Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 748 of 1555 Developer's l'ropefty
All ;:h:tt ~ruin rul property located in the City o( Jndio, Counry of Rivcr,ide. Sure of ulifornia, &scribed .u follows:

PARCEL I:

LOT 3 OF "THE CO.&.CHELLl. !..AND AND WATER COMPANY'S StlBDMSJON. OF A PORTION OF SECTION [5, TOWNSHIP 5 sou-rn, RANGE 7 EAST, SAN BER:NAlWINO MERIDIAN,· IN TliE COACHELLA VALLEY STORM WATER OISTIUCT, COUNTY OF RIVERSIDE. STATE F CALIFORNIA, AS PE< MAP RECORDED IN MAP BOOK 6 PAGE 24 IN Tiffi OFFlCE OF nm COUNTY RECORDER OP SAID COW!Y; PARCEL J.;
WT 4 OF •rH:e COACHELLJ,. I.AND AND WA~ COMPANY'S StlBDMSJON OF A PORTION OF SECffON 15. T0\1/NSHlP 5 SOlJTI{, RANGE 7 RAST, SAN BERNARDI:NO ),fER[Dl.AN," IN TimCOACHEI.l.A VAI..l.£Y STORM WA'l'ER DISTJUCT, COUNTI' OF RJVERSIDP., STATE OP CALJFORNIA, AS Pa MAP ltECO.RDBD tN MAP BOOK 6 !"AGE ◄ IN 11ffi OFFJCB OF THl! COUNTY RECORDER OF SAID COUNTY:

EXCEPT n!A T PORTION OESCRlBIID IN nm DEED TO nm ST A TE OF CAUFORNIA RECORDED MARCH 2,. 1969 AS rNSTRUMENT NO :WXl OF OFFIOAL RECORDS; PARCEL J;
""HOSE l'ORTIONS OF UJTS 5 AND 6 OPTilB •nm COACHELLA I.AND AND WATER COMP.A,NY'S SUt!.DIVlSION OF A PORTION OP SBCnON 15, TOWNSHIP 5 sotrm.

RANGE 7 EAST, SAN llaNAJIDINO MEUDiAN,' tN 1liB COACHELLA VALLEY STORM WA TElt DrSTIUCT, COUNTY OFRIVERStDE., STA TR OF CAI.lllORNIA. AS PER MAP RECORDED !N MAP BOOK 6 PAGR 24 IN nm OFFICE OP ntii COUNTY RECORDER OF SA.ti) COUNIT LYING NORTIIElU. Y OF nm NORTII 1.INI! OF TI-IE LA.ND DPSCRIBED IN nm DEB) TO nm STATE OF CAllPOJU-L .. «£CORDED MARCH 7.1., !969 AS INSTRUMENT NO. 28000 OP OFFJOAL RECORDS; PARCEL~:

THl! EAST 440.00 FBBT OP nm NORTHWE.H QtJAJlTBR. OF nm NOICTHRAST QUAllTER. OP SOCTION 1', TOWNSmP 5 SOUTH, RANGE 7 EAST, SAN BE:RN'ARDINO MBlUDIAN, JN nm COUNIT OP JUVEMIDB,. STATB OP CALlFOJtNIA, ACCOJt.DtNO TO THE OFFIClAL Pl.AT THHIIBOF;
EXCEPT THE NORTH J0.00 FEET;
(EXHIBIT " I •) ~ J orJ)
-,
,
J t.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 749 of 1555 .4JD .L.,lNJJ IS INCLUDED ,;t,rfI'HIN TirE AREA SHOWN ON A MAP FILF.D IN BOOK ; PAGB ~ vP RECORD OF .SU'RVEYS, lN THE OFFICE OF IBE COUNTY RECORDER OP SAID COUNTY;
PAR.CBI. S:
1l{A T PORTION OF THE NO RIB EAST QUARTER OF THE NORnrF.AST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH. RANGE 7 EAST. SAN BERNAlIDtNO MERIDIAN, IN nm COUNTY OF RIVERSIDE, S1'ATS OF CALIFORNIA, ACC0:'1:DING TO TIIB OFFICIAL PLAT n-tE:REOF, DESCRIBED AS FOU.OWS:

BEGINNING AT A POfNT ON nrE NOR.,H LlNE OF 1HE NORTI-JEAST QUARTER OF SAID SEC110N. 13:ZO FEET EAST OP THE NORTHWEST CORN'ER Tl-!D.EOF, SA.ID POINT Sfl}lj(J /HE 1-ru;;.n1,c.,•,H ,-r,p~ OP THAT CERTAIN PARCEL CONVEY"":ID TO LONG BEACH TRUST AND SAVINGS BANK BY DEED Rl::il.'UlWl:!.D UCTODGll 1 ! , 1921 fN BOOK 55.i PAGE 187 OF DEEDS, RIVERSIDE COUNTY RECORDS; TIIENCE SOUTH. ~LONG nm EAST LINE. OF SAlD LAND 1320 FEET, TO 11-lE sourn UN£ OF THE NORTii HALF OF THE NORTiffiAST QUAkTER OF SAID SECTION; THENCE EAST, ALONG SArD ~nvm UNE OF nm NORTH HALF OP nm NORnmAST QUAR'IBR o· •• '.TD SECTION, 440 FEET, TO nm SOt.nlfWE.ST CORNER. OF THAT CERTAIN PAP..l -~ CONVEYED TO BA.ILEY ROSS BY DE.En RECORDED IN BOOK 2TI PAGE 107 r,r, D£E.DS, RIVER.SIDE COUNTY RECORDS; THENCENORTil,AWNGTira WEST UNE Of SAID LAND, 660 FEET, SAID POINT BEING TifE SOt.rrnEAST CORNER OF THAT CERTAIN l.Al'l'D CONVEYED TO EVELYN L. GltliE:N BY DEED FTLED FOR RECORD APRIL 18, 1938 AS l"NSTR.UMENT NO. 1577; TIIENCE '9.'EST ALONG THE sou-rn LINE oF SAID LAND. JJO PEET ro nm sol!TH'WEST coma nrEREOF; TIIENCE NORTH, ON 11m \\!EST UNE OF SAID LAND, 66/J Fm!T, TO nrn NORTH UNl:i OF nrn NORnmAST QUARTER OF SAID SECTION; 11IENCE WEST, ALONG SAID UORm LINE, l 10 FEET TO n£E POINT OF BEGi:NNING; EXCEPTING IBEREFROM T1IE NORnr 30 FEET;
PARCEl. 6;
TiiAT PORTION OF nm sourn QNE,.HAI..P OF nm NORTIIEAST QUAltTal OF SECnON 14, TO'\VNSHIP 5 sourn, RANGB 7 EAST, SAN BERNARDINO MERIDIAN, fN nm COUNTY OF R.TVERSIDS, STATB OP OJ..IFORNIA, ACCOJI.D[NG TO nm OFFlCIAL Pl.AT 'ffiEREOF' LYING NOkll-lERL y OP nm NORTH L.tNli OF nm LAND DESCRIBED rN nm DEED TO 1l{E. ST A 'l"[; OF CALIFORNIA, RECORDED MARCH 24, 1969 AS INSTRUMENT ~•0. W:m OF OFFICIAL RECORDS;
EXCEPT THE NORTH 99.00 FEET OF TIIE WEST 880.00 FEET.
(EXHllITT • I •) (Plge 2 of ;I)
-,
I
:J
.....
-,
I
.i
.I
O::i ~
!....
--I

Page 53 of 196 ends

Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 750 of 1555 ,,,JCSI.,7:
p.A}lCEL 2 OP PARCEL MAPS AS PE.R MAP RECORDED IN BOOK l PAGE SK OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECOR.DER OF RIVERSIDE com.'TY;
PAJI.CEL 8:

PA.Reas J AND" OF PAP.CPL MA.PS, AS PER MAP RECORDED IN BOOK I, PAGE Hi OP PARCEL MAPS, IN IBE OFFICE OF 1lffi COUNTI' JIBCOR.Dmt OF RJVERSIDB COUNTY, EXCEPT TI{AT PORTio·· AS CONDEMNED TO nm STATE OF CALIFORNIA BY FINAL ORDER OF CuNDEMNATION AS RECORDED JANUARY a, 1970 AS INSTRUMENT NO. tm. OFFlClAL RECORDS;
PAACEI. 9;
PARCEL I OF PARCEL MAPS A5 PER MAP RECORDFJJ IN .BOOK 2, PAGE Zl OP PARCEL MAPS, IN nm OFFTCE OF nm COUNrt RECORDiiR OP RIVERSIDE cOLJt,,'TY.
(EXHIBIT T)
... ~\PIVAUH1..A;)M"
('PlfcJ ofJ)
-,
I
:J t

Page 54 of 196 ends

Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 751 of 1555 Exhibit 11 8 11
Leg~! Description of Premises

Page 55 of 196 ends

Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 752 of 1555 PARCEL "B"
THAT PORTION OF PARCEL 4 OF PARCEL MAP AB SHO\VN IN BOOK 1 OF PARCEL MAPS, PAGE 5 B. RECORDS OF RIVERSIDE COUNTY, STA TE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT TIIE NORTHWEST CORNER OF SA.ID PARCEL 4, BEING THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY OF A VENUE 42 AND TIIB EASTERLY RlGIIT OF WAY OF MONROE STREET AS SHOWN ON SAID PARCEL :MAP BOOK 1, PAGE 58;
THENCE NORTH 89°l0'57n EAST 1788.85 FEET ALONG SAID SOUTIIBRLY RlGHT OF WAY TO THE POINT OF BEGINNING;
TIIBNCB sourn 02°32'20" EAST 633.33 FEET;
THENCE SOUTH 89°54'3011 EAST 755.82 FEET;
THENCE NORTH Ol Q46'23" WEST 44.04 FEET;
THENCE NORTH 44°25'50" EAST 25,75 FEET TO A POrN'T ON THE WESTERLY RIGIIT OF WAY OF SPECTRUM BOULEY ARD, 88.00 FEET WIDE;
THENCE NORTH 01°13'54" WEST 619.89 FEET ALONG SAID WESTERLY RIGID' OF WAY TO THE INTERSECTION OF TEE SOUI'HERL Y RIGHT OF WAY OF A VENUE 42 AB SHOWN ON SAID PARCEL MAP BOOK 1, PAGE 58;
THENCE soum: 89°10'57" WEST 788.93 FEET ALONG SAID SOUTHERL y RIGHT OF WAY TO THE POINT OF BEGINNING. •
SAID DESCRIBED PARCEL CONf AINS 12.l 0 ACRES, MORE OR LESS.

FOR GRAPfilCAL PURPOSES SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

Prepared under !he supervision of.
~-[. ~Dm: :,fafu? Angela E. P.LS. #8010
~ 12/3t/06
11IE KBITHOOMPANIES, INC.
73-733 Fred Wll!ing Drive, Suite 100
Pllrn Dew-t, CA 92260
(760} H6-9844
Page3 or 5
No. 8010
Exp_ 12/31/06

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 753 of 1555

ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
This Assignment and Assumption of Development Agreement ("Assignment") is entered into as of November±_, 2005 between Charlotte Southwest Corporation, a Delaware corporation ("Assignor"), and ALJACKS Retail Partners I, LP, a California limited partnership ("Assignee").

RECITALS
l. The City of Indio (the "'City") and Pacific Indio Properties, Inc. ("PIP"), as a property owner, are parties to that certain Development Agreement (the ''Development Agreement") dated November 27, 1991 and recorded in the Official Records of Riverside County, California on February 11, 1992 as Instrument No. 047277_, regarding approximately 241 acres ofland located in the City of Indio and described on Exhibit A attached hereto (the «Property").

2. The City and Assignor amended the Development Agreement pursuant to the terms and conditions of that certain Amendment to Development Agreement (the '•Amendment") dated as of September 3, 1997. The Development Agreement and the Amendment are collectively referred to herein as the "Agreement."

3. Assignor has previously purchased a portion of the Property from PIP, and incidental to such sale, PIP assigned its interests under the Agreement, as it relates to the land so purchased, to Assignor, pursuant to that certain Assignment and Assumption of Development Agreement dated as of February 20, 2002.

4. Assignor now desires to sell a portion of the Property, more specifically described on Ex.hlbit B attached hereto (the "Premises"), to Assignee pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated as of June 6, 2005, as amended, and incidental to such sale, Assignor desires to assign its interests under the Agreement as they relate to the Premises to Assignee on the terms set forth below.

5. Assignee is willing to accept such assignment of, and to assume Assignor's obligations under, the Agreement as it relates to the Premises on the terms set forth below.

NOW THEREFORE, in consideration of the foregoing, the parties agree as follows:

1. Assignment.

LACA_712286.1

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 754 of 1555

2. Assumption of Obligations.

3. Representations and Warranties.

Assignor represents and warrants to Assignee that Assignor is not in default of the Agreement Furthermore, Assignor represents and warrants to Assignee that the execution of this Assignment by Assignor and the assignment itself have been duly authorized and no further authorization is necessary on the part of Assignor. Except for the consent of the City as set forth below, no approvals or consents of any person or entity are necessary to the assignment contemplated hereby.

4. Effective Date.

The Effective Date shall mean the date on which a deed conveying the Premises to Assignee is recorded in the office of the County Recorder of Riverside County, California

5. Successors and Assigns.

This Assignment shall be binding on and inure to the benefit of the parties hereto and each of their successors in interest, and assigns.

6. Governing Law.

This Assignment shall be governed by and construed in accordance with California law.

7. Attorneys' Fees.

8. Counterparts.

This Agreement may be executed in counterparts.

9. Entire Agreement.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 755 of 1555

10. Condition Precedent.

This Assignment shall not be effective until City has consented to tlris Assignment in the form below.

The parties have executed this Assignment and Assumption of Development Agreement as of the date fust above written.
3 lACA_712286.1
CHAR.LOTTE SOUTHWEST
CORPORATION;
a Delaware corporation
::ssignor") ~ MA7!;-N /-.)£ 1:-JAtl I tlY
Title: = VI C £ P £ f$1.D£1',J""f
AUACKB RETAIL P AR1NERS I. LP,
a California limited partnership
("Assignee")
By: ALJACKS M:anager, LLC, a
California limited liability
company
Its: General Parmer
By its Members:
and
Michael J. Damone, as Trustee of
the Michael J. Damone Trust,
u/a/d February 11, 1997, as amended and
r~red
Mi~!
vvU_
J. Dam~
~

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 756 of 1555

10. Condition Precedent.

This Assignn1ent shall not be effective until City has consented to tms Assignment in the form below.

The parties have executed this Assignment and Assumption of Development Agreement as of the date first above written.
3 LACA_712286.1

CHARLOTTE SOUTHWEST

CORPORATION,
a Delaware corporation
("Assignor")
By: MA7E,N Y
Title: __ _:µ,~1---.JV:...:l"""C::...t=--...!.p-f::..'"""'-''-'-=-=?:_ ALTACKS RETAIL P AR1NERS .I, LP,
a California limited partnership
("Assignee")
By: ALJACKS Manager, LLC, a
California limited liability
company
Its: General Partner
By its Members:

LM2, Inc., a California corporation
By:

Herb Lundin, President
and
Michael J. Damone, as Trustee of
the Michael J. Damone Trust,
u/a/d February 11, 1997, as amended and
restated •
Michael J. Damone

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 757 of 1555

CITY'S CONSENT
The undersigned consents to the fo£oing Assignment and Assumption of Development .

Agreement dated as of November , 2005 by and between Charlotte Southwest Corporation, a Delaware corporation, and ALJACKS Retail Partners I, LP, a California limited partnership.

Dated: , 2005 -------

CITY OF INDIO
("City")
By:

Title: Mayor
Attest: ------------~ Title: City Clerk
LACA_ 712286.1

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 758 of 1555 Exhibit "A"
Legal Description of Property
LACA_712286.1 'fl

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 759 of 1555 /1111

REAL PROPERTY DESCRIPI'ION
,_
All !hat certain real property locatod in the City ot Indio, County of Rivor3f&I, Sta.to of Ctlltomla, <!¢scribed u follows:
1'.ARCEL 1:

LOT 3 OF ,nm COACHm.LA LAND AND WA'l'HRCOJ,t.P~S SUBDIVISION, OF A PORnON Of! S:EC'I10N IS, TOWNSHIPS Saum, ltANGB 7 EAS'l', SAN BlmN.AlmINO MBRillIAN," IN nm COACHELLA V M.l.liY STORM WATIJJ. DISTRICT, COUNTY OF lUVERSIDE1 STATE OF CAI..tFORNlA, AS .Plllt. MAP lUlCOtmED IN MAP BOOK 6 PAGB 24 IN nm OFFICE OF nm COUNTY lU!CORDmt OF SAID COUNTY; PARCEL2J
lOT 4 OF •nm COACHBLLA LAND AND WATER COMPANY'S StlBDMSION OF A PORTION OF S:BCTION IS, TOWNSHIP 5 Sotrm:, RANGB 7 RA,.ST, SAN BBRNARDINO MERIDIAN," lN nm COACHml A VALLEY STORM 'f/A'l.e& :Or&TlUCT, c.!omY OF lUVERSIDll, STAm OF CALIFORNIA, AS PBR.. MAP RBCOlWED IN MAP BOOK 6 PAGE 24 IN nm OFFICE OF nm COUNTY RECORDER OF SAID OOONIT; BXCEPl'THAT PORnON D.ESCRlBED mnm DEED TO nm STAT.B OF CALIFORNIA RECORDED MARCH 24, 1969 AS INSTJU1.MENT NO 2800 OF OFFICIAL RECORDS; PARCEI..3:
mosB:roRnONS OF LOTS 5 AND 6 OFTHB "THB COACEl!l'..LA. LA.ND AND WATER OOMPANY'S SUBDIVISION OF A POR'nON OF SECTION IS, TOWNSHIPS SOtrra, RANGE 7 EAST,. SAN BERNARDINO MERIDIAN,• IN 'I':HB COACliBLLA VAI.l.BY STORMWA'IERDIS'TRICT, COUNl'YOFRIVF.RSIDE, STA'I'.BOFCAUFOBNIA, AS PBR MAP RECORDED IN MAP BOOK 6 PAGE 24 IN 'IBE OFFICE OP' THB CO"ONIY RECORDER OF SJJJ) COUNTY LYING NOimmRI,Y OF T.HE NOR1H UNE OP nm.

LAND DESCRmED IN TBE DEED TO 'I'1IE STATE OF CAllFORNI'.A, RECORDED MARC!I 24, 1969 AS INSTRtr.MENT NO. :zgooo OF OFFICIAL XE.CORDS; PARCEL 4:
'IEE EAST 440.00 FBET OPT.Em NORTHWEST QUARTER OP nm NORTHEAST QUAR'l'BR. OF SECTION 14, TOWNSHIP 5 SOUTH, RANOB 7 EAST, SAN BERNARDINO Ml:lUDIAN, IN T.tJ;3. COUNTY OP JUVR&W>E, STATE OF CAilFo:RNIA, ACCOIID!NG TO "fH:B OFFICIAL PLAT TimREOF;
EXCBPT 'IHB NORTH 30.00 F.EEI';
~
(EXHmII' •A") . (PBge 1 of3)
Descripe!on: Riversiae,Cll. Doctllll8Llt~Year.DoaID 1992.47277 Page: 26 of 44 Order: S2025.30EI .b Comme.ot::
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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 760 of 1555 I
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j I
SAID LAND JS mCLUDBD wr:rHm' THE AREA SHOWN ON A MAP F1LBD 1N BOOK 5, PAGE 34 OF RECORD OF SUR.VEYS, INnr.E OPFICB OF'ffiE COON'n' RECORD.HR OF SAID COUNTY;
PARCBL5:
'rnAT POlt'IlON OF nm NORTHEAST QUAR'TI.m OF nm NOR'l'HBAST QUAR'I'BR. OF SBC'IlON 14, TOWNSHIP 5 SOU'l1t, RANGE 7 EAST, SAN lmRNAlIDINO MB.lm>lAN, lN nm COUNTY OP lUVBRSlDB, STAnt OF CALIFORNIA, ACCORDING TO TRE OFFIClAL PLAT 'IHBRBOF, .DESCRIBED AS POI.LOWS:
lJEGINNil{O AT A POIN'r ON nrBNOR'IH llNB OF nm :NORTHEAST QUAR'l".EtR OF SAID SBCTION, 1320 FHB'l' BAST OF nm NOR'lttWEST COltNER "I'HmW{)F, SAID POINT mma nm NO.F:IRJM.ST CORNER OP THAT CERTAIN PAR.CEL CONVI:IYED TO LONG .BEACH TIWST AND SA VINOS B.A?-:UC BY Dl:!SD-:RBCORDBD ocro:smt U, 1921 IN BOOK SS3 PAOB 187 OF JmBDS, lUVBRSlDB COUNTY RBCOlWSi 'l:B.miCB SOU'llI, ALO.NO 'lllB llAST UNB OF SAID LAND 1320 FEB!, TO nm SOUTH llNE OF nm NORTH HAI.FOP 'rH.ii h'"OR.'.l"HEAST QUART.ER. OF. SAID SBC'IION; TRBNCE

13.A.ST, Al.ONG SAID SOtrrH UNR OF THB NORm RALF OF nm NOR'l'l!BAST QUARnllt OF SAID SBC'JlON~ -440 FBBT, TO 11nt SOUTHWBST COltNilR. OF TR.AT CBRTAlNPARCBL CONVEYBD TOBAIU!Y ROSS BY DBBD RECORDED lNllOO.K272 PAGE 107 OFDBED.S; RIVERSIDE COUNTY RECORDS; 'I'Hm(CBNORXH, ALONG 'l'.Em '\\'-SST UNB OF SAID LANI), 6(1) Flml', SAID P01NT :BBING nm SOtrnrEAST CO:RN"Slt OF THAT CERTAIN LAND CONVID:ED. TO lWBI.YN L GREEN BY OBED F1LED FOR .RECORD. AP.RIL 18, 1938 AS INSTRUMENT NO, 1577; THENCE WEST, ALONG 'l'HB SOtrUl LINB OF SAID LAND. 330 P.EBl" TO 'llm SOtrrlIWEST CORNBR.

THB1mOF; 'mBNCB NOR'IlI , ON THB WEST I.IN1! OF SAID LAND, 660 PE.Br, TO nm NOR.TH LINE OF THE. NOR'I'HEAST QUART.ER OF SAID SEC'IION; TBENCS WES'l', ALONG SAID NORTH LINE, 110 FSJrr TO nm POINT OP BOOIN'NJNG; F.XCBPilNG '11illRBF1:WM nm NOR1'H 30 F.Eir.r;
PARCEL 6:

T.HAT PORT.ION OF ".['1:1,ij, SOUT.H ONE-HALF OF THE NORnIBAST QUARTER. OF SEC'I!ON 14, TOWNSHIPS sot.rm, :RANGE 7 EAST, SAN El!RNAIIDINO MERIDIAN, IN TlIB COUNTY OF FJVBRSID:B, STATB OF CALIFORNIA, ACCORDlNG TO THE OFFIC!'.ALPLATTIDlREOP,LYINGNOR'IlIBRLYOF'llJBNOR1llI.INBOF'I'HELAND nmcmn:m.HN"l:HB DEBD TO nm STATE OF CAIJFORNU,., :RECORDED MARCE 24, 1969 AS lNSTRUMBNI' NO, 28002 OF OPFJCIAL RECORDS;
EXCEPT nm NO:ittH 99.00 FBET OF THB WEST sao.oo FBBT.
(BXHIBrr •AN)
.+lft~Y.IU.On.MIA(
(Page 2 of 3)
Desc:r:J.pt:;J.on: Riverside, CA DocU111ent-Year.Doel'D 1S!i:J. 47277 Paga: 27 o:f 44 O.rder: S202530~ b Comment::
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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 761 of 1555 '
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4'7.l:"n
PARCHL7:
. PAR.CEL 2 OP PARCEL UAP$ AS Pm HAP RBCOltOED IN BOOK l PAGB 58 OF PAJtcm. MAPS; 1N nm 0!lPICB OF nm COUNTY .RI!C0RDBR OF RIVEUIDE COUNn;
PAACEL8:

PAJtCllU 3 AND 4 OF PARCEL MAPS, AS Pm MAP lmCOlWED IN :Bt)(Y.< 1, PAGE 58 OF PJJtCBL MAPSt IN nm 0.FF;(CB OF nm COUNI'Y 'UC01U»:t8. OF ll.IVBRSmE COUNTY~ BXCEPT 'IH'AT PORTION AS CONDEMNED TO nm STATE OF CAUF01tNIA .BY FINAL O~ OF C0NDBMNA'lt0N AB :RECOIWBD JANUARY 8, 1970 AS lNSTKUMENT NO. 1905, OPPICIAL .R.BCOlWSi
P.UCBL9:

P.Al!.CEIL 1 OF PARCitt. MAPS AS PBR MAP .RECORDED IN lWOX 2, PAGB- 21 OF PARCEL MAPS, m 1lm OFFICE OF~ COUNTY JmC0RDER OF JUVERSIDE COUNl'\".
(BXlDlUT "A") (,Page 3 of 3)
Cll~t.YU.0!'1.J,Qk
Descriptio~: Jtivers~de,CA .Doco:ment~Year.DocXD 1992.47277 Page: 28 o£ 1 44
Ordar: 52025308 b comment:

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 762 of 1555 Exhibit "B"
Legal Description of Premises
~
LACA_712286.1

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 763 of 1555 LOTS l, 2 AfID 3 OF TRACT NO, 26585-l, IN THE CITY OF INDIO, COUNTY OF RIVERSI.bS, STATE OF CALIFORNIA, AS l?ER MAJ? ON FILE IN BOOK 316, P.AGES 8 6 TO 89, INCLUSIVE OF MA.PS, RIVERSI.bE COUNTY RECORDS.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 765 of 1555

AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement (the '
1 Amendment") is made as of this 3rd day
of September, 1997 by and between Pacific Indio Properties, Inc., a California corporation ("Property Owner") and the City oflndio, a municipal corporation organized and existing under the laws of the State of California (the "City").

RECITALS
A. On or about November 27, 1991, Property Ovmer and City entered into a written Development Agreement 13-3 (the "DA") with respect to approximately two hundred forty-one (241) acres of land described on Exhibit "A" to the DA (the "Real Property").

B. On or about March 19, 1997, the Property Owner and the City entered into a Memorandwn of Understanding (the "MOU") in order to: (a) facilitate the development of the Real Property and the sale of approximately fifty-four (54) acres thereof (the "RV Showcase Property") to RV Showcase Productions, Inc., a Nevada corporation ("RV Showcase"); and (b) recognize the change in the development climate since the execution of the Agreement.

C. The implementation of the MOU \.\111 require modification to: (i) Tentative Tract Map No. 26585 ("TTM-26585"); (ii) the City's General Plan; (iii) the conditions for previously approved Change of Zone 90-10-524 ("Zone Change No. 90-10-52411); and (iv) the DA.

D. On or about June 18, 1997, the City Council of Indio adopted the following resolutions: (i) Resolution No. 6098, which approved General Plan Amendment 97-4-13 ("Resolution No, 6098"); (ii) Resolution No. 6099, which approved modification to ce1iain of the 7\LD/3\110027\00 I \Docs\FirsLh..md.DA3.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 766 of 1555 conditions of Zone Change No. 90-10-524 ("Resolution No, 6099"); and (iii) Resolution No. 6100, which approved modifications to certain of the conditions ofTfM-26585 ("Resolution No. 6100").

E. By execution of this Amendment, Property Owner and City (collectively the "Parties") desire to implement certain of the provisions of the MOU by amending the DA

OPERATIVE PROVISIONS
Novl, therefore, the Parties agree as follows:

1. .Glill_nges to EIR No. 90-L
Property Ovmer shall bear the costs for any additions, updates, changes, amendments, special studies or replacements to the Environmental Impact Report No. 90-1 (the "EIR"). The City shall include Property Owner in the preparation of the Request for Qualifications, Scope of Services, and choice of the Consultants to be awarded each contract. Each contract shall include a clause which limits the expenditures to a not-to-exceed amount agreed in writing by Property Ovvner. The City shall have foll edit control of the screencheck draft of any changes to the EIR.

2. Extension of Term of DA.
"The tem1 of the DA is hereby extended for an additional five (5) years. Accordingly, the term of the DA shall be for a period of twenty (20) years from the Effective Date (as such term is defined in the DA).

3. Eu.bJic Irnpro\:_ements, Facilities and Services .
. 3-J. The DA and Zone Change No. 90- I 5-524, are modified by Resolution No, 6099 and TTM-26585 as modified by Resolution No. 6100 are hereby amended, as necessary and appropriate, to provide that the costs incurred by the Property Owner, or its successor in interest, to improve A venue 42 shall be reimbursed by the City substantially in the manner provided hereinbelow. 7\LDB\R0027\001 \Do~s\fi r.\ !/u11d DAJ. 2

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 767 of 1555 3 .2 The off--site improvements on Avenue 42 adjacent to Phases 5, 4, 1, 2, 6 and 7 as shown on the Phasing Map attached hereto as Exhibit "A" and incorporated herein (the "Phasing Map") shall commence on a date to be determined by the Property Owner in its sole and absolute discretion.
3 J. Tn.e Property Ov,mer shall, at such time as the same may, in the opinion of Property O'.vner, be required to facilitate development of the Real Property, improve the south one-half(½) of Avenue 42 between the \Vestem boundary of "Phase 7" and the easterly boundary of"Phase 5" (the "Avenue 42 Improvement") as depicted on the map attached as Exhibit ''C'' to the MOU and incorporated herein (the "Avenue 42 Map'') .
.:tA In order to facilitate the Avenue 42 Improvement,. the City agrees to: (a) set aside, in a manner mutually acceptable to City and Property OVvner, an amount equal to twenty-five percent (25%) of the "Project Sales Tax" (as defined below) for an initial period of ten (10) years after the date upon which the deed from Property Qv,rner to RV Shov.rcase for the RV Showcase Property is recorded in the Official Records of the Riverside County Recorder (collectively the "Available Project Sales Tax"); and (b) pay to Property Owner, from time to time, as and when agreed by the City and Property Owner, but in no event less than semi-annually, that amount which is equal to one hundred percent (100%) of the Available Project Sales Tax, to reimburse Property Owner for: (i) the actual cost incurred by Property Owner to complete the Avenue 42 Improvements; and (ii) interest accrued on amotmts actually expended by Property Ovmer for such Improvements from the date of each expenditure until paid at the rate of seven percent (7%) per annum, compounded monthly. As used herein, the term "Project Sales Tax" shall mean sales tax received by the City from businesses n01.v or hereafter located on land within an area bounded by Jackson Street on the east, Avenue 42 '/\I.Dl1\R0027\001 \.Docs\FirstArnc!.D1\J. 3

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 768 of 1555 on the north, the western border of Phase 7 on the west, and Interstate 10 on the south ("Sales Tax Area").

J_j In the event that, upon expiration of the ten ( 10) year period referred to· above, Property Owner has not then been fully reimbursed for such amounts plus accrued interest, the ten (10) year period shall be extended an additional ten (10) years and Property Owner shall continue to be reimbursed by the City until the earlier of: (a) the date upon which Property Owner has been fully reimbursed as provided herein; or (b) the expiration of such second ten (10) year period.

Property Ovmer's right to reimbursement hereunder shall expire concurrently \Vitb the expiratfon of such second ten (10) year period.
3 .6 The Parties agree that the Property Owner shall not bear the costs for the installation of the off-site improvements on Jackson street and the necessary street transition ( collectively the "Jackson Street Improvements"), it being the intention of the Parties that the costs of the Jackson Street Improvements shall be allocated to others pursuant to the City's Development Agreement with RV Shm.vcase or any other developer/user with respect to the RV Showcase Property.

3. 7 The Parties agree that the fair-share fee for the traffic signals which are the subject to Condition 30 ofTfM-26585 shall be paid by RV Showcase or any other developer/user of the RV Showcase Property .
.1Jl The Jackson Street Improvements shall commence on the earlier of: (a) the date upon which the installation of the on-site improvements on the RV Showcase Property commences; or (b) the date upon which Property Om1cr, or its successor-in-interest, commences significant commercial development on the Real Property.
7\f, DEl\ll.002 7\00 l \_Ooc:s\FirstA md. DAJ 4

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 769 of 1555 4, Notice.

All notices under the DA and this Amendment shall be in VvTiting and shall be delivered by personal service or by certified or registered mail, postage prepaid, return receipt requested~ of the parties. Any written notice to any of the Parties required or permitted hereunder shal 1 be deemed to have been duly given on the date of service if served personaily or if served by facsimile transmission (with confirmation of receipt), or seventy~two (72) hours after mailing. Rejection or refusal to accept or the inability to deliver because of changed address of which no notice Wa':l given as provided hereunder shall be deemed to be receipt of the notice, demand, or request sent. Notices to the Parties shall be addressed as follows:

City:

With copies to:

Property Owner:

With a copy to:

Allyn Waggle, City Manager
City of Indio
100 Civic Center Mall
Indio, CA 9220]
Law Offices of R. Zaiden Corporation
A Law Corporation
850 East Chapman A venue, Suite ''C"
Orange, CA 92866
Pacific Indio Properties, Inc.
c/o Mazen Habiby
18359 Coast Line Drive
Malibu, CA 90265
Frank J. Delany, Esq.

Camey & Delany, LLP
3801 University A venue, Suite 650
Riverside, CA 92501
Each party shall provide the other party with telephone and written notice of any change of address as soon as practicable.
7\l.DB\R0027100 l 1Docs\FirslAmcLDA3, s

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 770 of 1555

5. Amendments.
111is Amendment may be amended at any time but only by a \¾Titten amendment signed by the Parties hereto.

6. Interpretation.

Tbe provisions of this Amendment shall not be construed in favor of or against either party but shall be construed as if both Parties prepared this Amendment.

7. Effective Date.

This Amendment shall become effective as of the 3rd day of September, 1997.

8. Severabilitv.
ti Property Owner agrees to bear all risk of any challenge to the provisions of Sections

3.1 through 3.5 hereof (collectively the ''Financing Provisions"). If any one or more of the Financing Provisions of this Amendment are prohibited, unenforceable or not authorized in any jurisdiction, or to any particular extent, or in any particular circumstances, or as to any particular person or entity, such provision shall be deemed unenforceable and stricken from the Amendment only as to such jurisdiction, such event, such circumstances, and/or such person or entity, without invalidating the remaining provisions of this Amendment or affecting the validity, enforceability or legality of the remainder of this Amendment or affecting the validity, enforceability or legality of the stricken or unenforceable provision in any other jurisdiction, other event, other circumstances, or as to any other person or entity. It is the intention of the parties that this Amendment and each provision herein shall constitute a binding and legally enforceable agreement.. In the event: (a) a court of competent j misdiction; or (b) the Attorney General of the State of California, the Fair Political Practices Comn1ission of the State of California, or another State governmental agency \Vith jurisdiction over the City, shall for any reason determine that one or more of the Financing 7\1 DlJ\R0027\C'O l \J.J0cs\F irstArnd. DA3. 6

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 771 of 1555 Provisions or any other provision of this Amendment shall be stricken or unenforceable as described above, then in that event, the parties agree to forthwith bargain in good faith for the purpose of reforming or other or otherwise amending the Amendment so as to obtain, for Property Owner, the benefit of Property 01.vner's bargain with the City as evidenced by the Financing Provisions and the other provisions of this Amendment, it being understood that, absent such City support as set forth herein, Property Owner will not be able to develop the Real Property or to consummate the sale of the RV Sho,vcase Property to RV Showcase.

8.2 If the Financing Provisions of this Amendment are challenged by any person or entity, Property Owner shall indemnify, hold ha..'Tilless and defend the City against any such challenge with attorneys reasonably acceptable to the City. Property Owner's duties under this Section 8. 1 are in addition to and not exclusive of those duties under Section 16 of the DA .8._.3 In the event of any dispute or disagreement between the parties hereto as to the validity, construction, or the enforceability of the Financing Provisions or any 0th.er provision ofthis Amendment which cannot be resolved by the good faith bargaining as provided in Section 8.1 above, and mindful of the hjgh cost of litigation, not only in dollars but time and energy as \Vell, the parties intend to and do hereby establish a quick, final and binding out-of court dispute resolution procedure to be followed in the unlikely event any controversy should arise out of or concerning the provisions of this Amendment. Accordingly, the parties do hereby covenant and agree as follows:
(i) Any controversy, dispute, or claim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance or breach of this Amendment, including any claim based on contract, tort, or stamte, shall be settled, at the request of any party. to this Amendment through a two-step dispute resolution process administered by Judicial Arbitration & Mediation Services, Inc. (J.A.M.S.) involving first mediation before a retired judge or justice from 7\LD!-l'JZ002 7\00 I \Docs\!' jrst/und.D/\J. 7

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 772 of 1555 the J.A.M.S. panel followed, if necessary, by final and binding arbitration conducted at a location detem1ined by the arbitrator in San Bernardino, California administered by and in accordance with the then existing Rules of Practice and Procedure of Judicial Arbitration & Mediation Services (lA.M.S.), and judgment upon any award rendered by the arbitrator(s) may be entered by any state or federal court having jurisdiction thereof
(ii) The provisions of California Code of Civil Procedures Section 1283.05 or its successor section(s) are incorporated in and made a part of this Amendrnent. Depositions may be taken and discovery may be obtained in any arbitration under this Amendment in accordance with such section(s).
(iii) The arbitrator shall determine which is the prevailing party and shall include in the award that party's reasonable attorney fees and costs. (iv) As soon as practicable after selection of the arbitrator, the arbitrator or such arbitrator's designated representative shall determine a reasonable estimate of anticipated fees arl-d costs of the arbitrator, and render a statement to each party setting forth that party's pro rata share of such fees and costs. Thereafter each party shall, within ten ( 10) days of receipt of such statement, deposit such sum with the arbitrator. Failure of any party to make such a deposit shall result in a forfeiture by the non-depositing party of the right of prosecute or defend the claim .which is the subject of the arbitration, but shall not othervrise serve to abate, stay or suspend the arbitration proceedings .
.B.A The provisions of this Section 8.1 and 8.2 shall not limit, require the postponement of, or in lli"1Y other way preclude the exercise of any right or remedies other.vise enjoyed by any party to this Amendment under the provisions hereof.
7\L Dll\R002 TIO() l \DocslYir;,tArnd I) A]. 8

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9. Effectiveness of the DA, Zone Change No. 90-10-524 and TTM-26585.

Except as set forth in this Amendment, all of the provisions of the DA, Zone Change No. 90- 10-524, as amended by Resolution No. 6099, and TTM-26585, as amended by Resollltion No. 6100, shall remain unchanged and in full force and effect.

Its: vY'\ A ye f<.
"CITY"
/
7\LDB\R0027\00l\Docs1fir,tAmd.DA3.

PACIFIC INDIO PROPERTIES, INC.,
A California Corporation.

I /
By: ___________ _
Mazen Habiby
Its: Vice President
"PROPERTY OWNER"
9

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PHASING MAP

FOR REAL PROPERTY
TENT ATJVE TRACT No .. 26585
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EXHIBIT PA" TO AMENDMENT TO DEVELOPMENT AGREEMENT (Page 1 of 1).

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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

DAVID ERWIN

BEST, BEST & KRIEGER
39700 BOB HOPE DRIVE, SUITE 312
P.O. BOX 1555
RANCHO MIRAGE, CA 92270
('.'\J
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4\R\A286\00R\OF-VELOP2.AGM

DEVELOPMENT AGREEMENT

BETWEEN

CITY OF INDIO AND
PACIFIC INDIO PROPERTIES, INCo

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TABLE OF CONTENTS
47277

1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2. Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

3. Reference to Other Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

4. Interest of Property Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

5. Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

6. Subsequent Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

7. Binding Effect of Agreement . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

8. Relationship of Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

9. Term ............................................... 5

10. Vested Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

11. Timing of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

12. Specific Restrictions on Development of Real Property . . . . . . . . . . . . . . . . . 9

13. Public Improvements. Facilities, and Services . . . . . . . . . . . . . . . . . . . . . . 9

14. Events of Default ........................................ 10

14. l Default by Property Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1'4.2 Default by City .................................... 10

14.3 Specific Performance Remedy ........................... 11

15. Procedure upon Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

16. Hold Harmless ......................................... 13

17. Periodic Review of Compliance with Agreement . . . . . . . . . . . . . . . . . . . . 14

18. Amendment or Cancellation of Agreement ........................ 14

19. Attorneys' Fees and Costs .................................. 15 4\R\A286\00R\DEYE.LOP2.AGM l

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20. Notices .............................................. 15

21. Rules of Construction and Miscellaneous Tem1s ..................... 16

22. Mell-Roos Community Facilities District: Other Assessment District or Financing Mechanisms ........................................... 16

23. Subsequent Actions . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . 17

24. Rules, Regulations and Official Policies . . . . . . . . . . . . . . . . . . . . . . . . . . 17

24. l New Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

24.2 New Laws ....................................... 17

24.3 Subsequent Actions and Approvals ........................ 18

25. Recordation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 18

26. Protection of Mortgage Holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

27. Severability of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

28. Subsequent Amendment to Authorizfog Statute ...................... 20

29. Effect on Title ................... , ..................... 20 4\R\A286\00R\DEVE.LOP1.AGM 11

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DEVELOPMENT AGREEMENT
(Govt. Code Sections 65864~65869.5)
47277
THIS DEVELOPMENT AGREEMENT C' Agreement") is entered into as of the 27th day of November, 1991, between PACIFIC INDIO PROPERTIES, INC., a Califomia Corporation ("Property Owner") and City OF INDIO ("City"), a municipal corporation organized and existing under the laws of tµe State of Califontla.

RECITALS
This Agreement is predicated upon the following facts:

1. Government Code Sections 65864-65869.5 authorize City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property.

2. Under Section 65865 1 City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements.

3. Property Owner is the fee owner and proposed developer of approximately two hundred forty one (241) acres of land as described on Exhibit "A"1 (the "Real Property") which is located in City.

4. City's general plan designation for the Real Property is agriculture, urban transitional, low density residential and tourist Developer has requested City to approve:
4\R\A286\00R\PEVELOP2.AGM l

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 779 of 1555 (a) An amendment to the general plan (°GPA No. 90-10-86") which would designate the Real Property for regional commercial, tourist commercial, light industrial and medium density residential;
(b) A rezoning of the Real Property ("Zone Change No. 90-10-524") from its current zoning to C-2 (general commercial), C-3 (heavy commercial), C-T (commercial tourist), M (industrial), 0 (office), and R-3 (multifamily residential); (c) A Tentative Tract Map No. 26585 ("Tentative Tract Map No. 26585"); and
(d) Environmental Impact Report No. 90-1 ("EIR No. 90-1"). 5, Property Owner proposes to develop a multi~phased master planned mixed use project on the Real Property over an extended period of time.

6. Property Owner has requested City to consider entering into a development agreement and proceedings have been taken in accordance with City's rules and regulations.

7. City Council of City has found that this Agreement is consistent with the General Plan.

8. City Council of City has found and determined that the execution of this Agreement is in the best interests of the public health, safety and general welfare of City and its residents and that adopting this Agreement constitutes a present exercise of its police power.

9. On November 27, 1991, City Council of Indio adopted Ordinance No. J..J...Q_fz approving this Agreement with Property Owner and the ordinance thereafter took effect on w~ 19 , 199o.2 (/ •• -
NOW, THEREFORE, the parties agree:

L Definitions. In this Agreement, unless the context otherwise requires (a) "City" is City of Indio, California.
4\R\A286\00R\DEVELOP2.AGM 2

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(b) "Real Property" is the real property described in Exhibit "A" hereto. (c) "Project" is the development of Real Property as a multi-phased mixed use project with commercial industrial, office and residential uses as pennitted by: (i) change of land use designation for the Real Property, approved by City Council of City pursuant to GPA No. 90-10-86 and Zone Change No. 90-10-524; and (ii) the entitlements approved by City Council pursuant to Tentative Tract No. 26585 and EIR No. 90-1. (d) "Property Owner'1 means the person having a legal or equitable interest in the Real Property and includes the Property Owner's successors in interest to all or any part of the Real Property.

2. Exhibits. The following documents are referred to in this Agreement, attached and made a part by this reference:

Exhibit
Designatirm
A
B
C
D
Description
Real property
Map of Zoning Designation
Map of General Plan Designation
Reimbursement Agreement

3. Reference to Other Documents. Reference is made to the following additional documents and proceedings relating to the Project to which reference is made for further particulars:
4\R\A286\00R\DEVELOP'2,AGM
City's General Plan
General Plan Amendment No .. 90-10-86
Zone Change No. 90-10-524
Tentative Tract Map No. 26585
Environmental Impact Report No. 90-1
3

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4. Interest of Property Owner. Property Owner represents that it has a legal interest in the Real Property and that all other persons holding legal or equitable interests in the Real Property are to be bound by this Agreement. The Real Property is hereby made subject to this Agreement.

5. Assignment. Property Owner shal.l have the right to sell, transfer or assign its legal interests in and to the Real Property, in whole or in part, to any person, partnership, joint venture, firm or corporation at any time during the tenn of this Agreement. Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, Property Owner shall notify City, in writing, of such sale, transfer or assignment and shall provide City with an executed agreement ('1 Assumption Agreement"), in a form reasonably acceptable to City, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of Property Owner under this Agreement.

Notwithstanding the failure of any purchaser, transferee or assignee to execute an Assumption Agreement, the burdens of this Agreement shall be binding upon such purchaser; transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such Assumption Agreement is executed.

Notwithstanding any sale, transfer or assignment, a transferring Property Owner shall continue to be obligated under this Agreement unless such transferring Property Owner is given a release in writing by City which release shall be provided by City upon the full satisfaction by such transferring Property Owner of the following conditions:
(a) Property Owner no longer has legal or equitable interest in the part of the Real Property subject to an Assumption Agreement;
(b) Property Owner is not then in default under this Agreement; and 4\R\A286\00R\DEVELOP2.AGM 4

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(c) Property Owner has provided City with the notice and an executed Assumption Agreement.

6. Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with, and subject to the terms and conditions of, Section 5 herein. Notwithstanding Section 5 of this Agreement, in the event that any person or entity (
11Property Purchaser"), purchases a portion of the Real Property (the "Purchased Parcel 11 ) and the Property Purchaser and City execute and record a development agreement pertaining to the Purchased Parcel, then at the time when such development agreement is recorded, this Agreement shall cease to apply to the Purchased Parcel and the owner of the Purchased Parcel, as such, shall have no rights or obligations under this Agreement, and Property Owner hereunder shall be released from its obligations under this Agreement with respect to the Purchased Parcel as provided in Section 5 but without any requirement to satisfy the conditions set forth in such Section.

7. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest to the parties to it, subject to compliance with Section 5 herein.

8. Relationship of Parties. It is understood that the contractual relationship between City and Property Owner is such that the Property Owner is an independent contractor and not the agent of City.

9. Tem1. The term of this Agreement shall commence upon the Effective Date of this Agr~ment and shall continue for a period of fifteen (15) years thereafter. As used herein, the tenn "Effective Date" shall mean that date which is the later to occur of: (a) the time for filing a referendum petition relating to this Agreement expires if no such petition is filed within such period; (b) the results of a referendum election are declared approving this Agreement if 4\R\A286\00RIDEV8LOP2.AGM 5

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a referendum petition is filed within the applicable period; or (c) in the event of any legal action relating to or affecting the validity or enforceability of this Agreement, including without limitation any action challenging the approval or validity of this Agreement or any referendum related to it, the date of dismissal with prejudice of the action, or of final disposition of the action by the court and exhaustion or termination of all applicable periods for judicial review, whether by writ, appeal, or otherwise.

10. Vested Rights. It is the intent of the Property Owner and City that: (a) GPA No. 90-10-86; (b) Zone Change No. 90-10-524; (c) Tentative Tract No. 26585; and (d) EIR No. 90- 1, which designate the permitted uses of the Real Property, shall be vested in the Property Owner for the tenn of this Agreement. GPA No. 90-10-86, Zone Change No. 90-10-524, Tentative Tract No. 26585 and EIR No. 90-1 as well as the ordinances, resolutions, codes (other than Unifonn Codes), mles, regulations, and official policies of City governing the development and use of the Real Property as of the date of this Agreement ("Agreement Date"), including, without limitation, the permitted uses of the Real Property, the density and intensity of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public pmposes, and the design, improvement and constmction standards and specifications applicable to the development of the Real Property shall be hereinafter collectively referred to as the "Development Plan. 11 By entering into this Agreement and relying thereon, Property Owner is obtaining a vested right to proceed with the Project in accordance with the Development Plan. To the extent any of the foregoing are amended from time to time with the consent of Property Owner, the unevelopment Plan11 shall include such matters as so amended, Any site specific development applications, submitted subsequent to and during the tenn of this Agreement, shall be reviewed to be in compliance with the Development Plan, including without limitation the provisions of City Code Section 25.195. Subsequent site specific development 4\R\A286\00R\DEVELOP2.AGM 6

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may apply for and receive up to the maximum density or intensity as set forth in the applicable zoning designation on the Agreement Date as designated in EIR No. 90-1; provided, however, that with respect to the portion of the Real Property zoned R-3 (Multi-family residential) the density shall not exceed fifteen units per acre.

To the extent that the maximum density or intensity of a proposed site specific development exceeds that set forth in EIR No. 90-1, City reserves the right to require additional CEQA environmental review of any such subsequent site specific development. Conditions may be placed upon such site specific development project as may be deemed necessary in order to alleviate potential environmental impacts associated with such increased density or intensity of use.

With respect to Government Code Section 65865, 2, the development regulatio11s governing subsequent discretionary actions are the ordinances, and regulations and official policies of City adopted as of the Agreement Date. As provided in Government Code Section 65865.2, any subsequent discretionary actions by City or any conditions, terms, restrictions and requirements for such discretionary actions by City shall not prevent the development of the Project for the uses and to the maximum density or intensity of development set forth in this Agreement. City reserves the right to impose on subsequent development approvals any license taxes, benefit assessments or impact fees adopted and effective at the time of development approval and having a benefit area consisting of no less than the area bounded by the Shadow Hills Area or of general application to developments then located in City.

11. Timing of Developme..m. The Parties acknowledge that Property Owner cannot at this time predict when or the rate at which phases of the Real Property will be developed.

Such decisions depend on numerous factors which are not within the control of Property Owner, such as market orientation and demand, interest rates, absorption, competition and similar 4\R\A286\00RIDEVELOP2,AGM 7

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factors. Since the California Supreme Court held in Pardee Construction Company v. City of Camarillo (1984) 37 Cal.3d 465, that the failure to the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that, to the extent permitted by the Development Plan and this Agreement, Property Owner shall have the right to develop the Project in phases in such order and at such rate and at such times as Property Owner deems appropriate within the exercise of subjective business judgment. Accordingly, City agrees that, neither City Council nor City nor any other agency of City shall enact an ordinance, policy, rule, regulation or other measure applicable to the Project which relates to the rate, timmg or sequencing of the development or construction of all or any part of the Project or which is otherwise in conflict with the Project as described m this Agreement. In addition to and not in limitation of the foregoing, it is the intent of Property Owner and City that no moratorium or other limitation (whether relating to the rate, timmg or sequencing of the development or construction of all or any part of the Project and whether or not enacted by initiative or otherwise) affecting subdivision maps, building pennits, occupancy certificates or other entitlements to use approved, issued or granted within City, or portions of City, shall apply to the Project to the extent such moratorium or other limitation is in conflict with this Agreement. The foregoing shall not be deemed to limit the Prope1ty Owner's right to appeal any determination of such ordinance, general plan or zoning amendment, measure, policy, rule, regulation, moratorium or other limitation which purports to mvalidate or prevail over all or any pa1t of this Agreement. City agrees to cooperate with Property Owner in all reasonable manners in order to keep this Agreement in full force and effect.
4\R\A286\00R\DEVELOP2.AGM 8

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12. Specific Restrictions on Development of Real Property. Specific restrictions as imposed pursuant to Tentative Tract Map No. 26585 govern the use of the Real Property. To the extent such restrictions are inconsistent with the provisions of this Agreement, the provisions of this Agreement shall prevail. In connection with any approval which City is pennitted or has the right to make under this Agreement relating to the Project, or otherwise under its other rules, regulations and official policies, City shall exercise its discretion to take action in a manner which is as expeditious as possible and which complies and is consistent with the Development Plan and the terms and conditions of this Agreement, and in a manner which will not interfere with the development of the Project for the uses and to the height, density and intensity specified in this Agreement or with the rate of development selected by Property Owner. City shall accept for processing and timely review and act on all applications for further land use entitlement approvals with respect to the Project called for or required under tllis Agreement in as expeditious a manner as is possible. Such application shall be processed in the normal manner for processing such matters.

13. Public Improvements, Facilities, and Services.

13.1 Property Owner, in order to develop the Project and to mitigate certain impacts resulting therefrom, will have to comply with the Conditions of Approval for Map No. 26585 and the Mitigation Monitoring Checklist for the Project.

13.2 For those public improvements or facilities ("Facilities") designed, constructed or installed by Property Owner which benefit not only the Real Property, but also property in addition to the Real Property (''Benefitting Properties") a reimbursement agreement (the "Reimbursement Agreement 11) shall be executed by City and Property Owner.

13.3 The Reimbursement Agreement shall: (a) be in form and substance identical to Exhibit 11D" attached hereto and incorporated herein by this reference; and 4\RIA286\00R\DEVELOP2.AGM 9

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(b) provide for reimbursement to Property Owner when: (i) a Benefit Zone Study prepared pursuant hereto shows that, with respect to any public improvement or facility designed, constructed or installed by Property Owner, there exists Benefitting Properties; or (ii) Property Owner is entitled to reimbursement pursuant to City ordinances, resolutions and policies, e.g., reimbursement for certain water, sewer and storm facilities.

13.4 City shall, from time to time, at the request of Property Owner and at Property Owner's expense, cause an engineering benefit zone study ( 11EBZ Study") with respect
to one or more of the Facilities to be prepared and, after review and acceptance by City of the EBZ Study, shall enter into Reimbursement Agreements with Property Owner with respect to the Benefitted Properties identified in such Study.

14. Events of Default.

14.1 Default by Property Owner. If City determines on the basis of substantial evidence that Property Owner has not complied in good faith with the tenns and conditions of this Agreement, City shall, by written notice to Property Owner, specify the manner in which Property Owner has failed to so comply and state the steps Property Owner must take to bring itself into compliance. If, within ninety (90) days after the effective date of notice from City specifying the manner in which Property Owner has failed to so comply, Property Owner does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then Property Owner shall be deemed to be in default under the terms of this Agreement and City may terminate this Agreement in accordance with the provisions of City Resolution No. 5294.

14.2 Default by City. If Property Owner determines on the basis of substantial evidence that City has not complied in good faith with the terms and conditions of this Agreem~nt; Property Owner shall, by written notice to City, specify the manner in which City 4\R\A286\{)i)R\DBVBLOP2,AGM IO

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has failed to so comply and state the steps City must take to bring itself into compliance. If, within ninety (90) days after the effective date of notice from the Property Owner specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then City shall be deemed to be in default under the tenns of this Agreement and Property Owner may terminate this Agreement or seek specific performance as set forth in Section 14.3.

14.3 Specific Performance Remedy. Due to the nature and scope of the Project, it will not be practical or possible to restore the Real Property to its natural condition once implementation of this Agreement has begun. After such implementation, Property Owner may be foreclosed from other chokes it may have had to utilize the Real Property and provide for other benefits. Property Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the tenns of this Agreement and will be investing even more substantial time and resources in implementing the Project in reliance upon the tenns of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Property Owner for such efforts. For the above reasons, City and Property Owner agree that damages would not be an adequate remedy if City fails to carry out its obligations under this Agreement. Therefore, specific performance of this Agreement is the only remedy which would compensate Property Owner if City fails to carry out its obligations under the Agreement, and City hereby agrees that Property Owner shall be entitled to specific perfonnance in the event of a default by City hereunder, Notwithstanding the foregoing, nothing in this Agreement is intended to deprive Property Owner from recovering appropriate damages in the event that the terms of this Agreement are breached. City and Property Owner acknowledge that, if Property Owner fails to carry out its obligations under this 4\R\A286\00R\DEVELon.AGM 11

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Agreement, City shall have the right to refuse to issue any permits or other approvals which Property Owner would not otherwise have been entitled to pursuant to this Agreement.

Therefore, City's remedy of tenninating this Agreement shall be sufficient in most circumstances if Property Owner fails to carry out its obligations hereunder. Notwithstanding the foregoing, if City issues a pennit or other approval pursuant to this Agreement in reliance upon a specified condition being satisfied by Property Owner in the future, and if Property Owner then fails to satisfy such condition, City shall be entitled to specific perforn1ance for the sole purpose of causing Property Owner to satisfy such condition. City's right to specific perf onnance shall be limited to those circumstances set forth above, and City shall have no right to seek specific performance to cause Property Owner to otherwise proceed with the development of the Project in any manner,

15. Procedure upon Default.
(a) Upon the concurrence of any event of default, City may terminate this Agreement in accordance with the procedures adopted by City. (b) City does not waive any claim of defect in performance by Property Owner implied if on periodic review City does not propose to modify or tenninate the Agreement. (c) Non-perfonnance shall not be excused because of a failure of a third person.
(d) An express repudiation, refusal or renunciation of the Agreement, if the same is in writing and signed by the Property Owner, shall be sufficient to terminate the Agreement and a hearing on the matter shall not be required. (e) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. 4\R\A2l!6\00RIDEVELOP2.AOM 12

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(f) All other remedies at law or in equity which are not otherwise provided for in the Agreement, or specifically excluded in the Agreement, or in City1 s regulations governing development agreements are available to the parties to pursue in the event there is a breach.

16. Hold Harmless. Property Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Property Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project and subsequent development approvals. Property Owner agrees to and shall indemnify and defend City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's activities in connection with the Project or subsequent development approvals.

City agrees to and shall hold hannless Property Owner, its officers, agents, employees, partners and representatives from liability for damage or claims for damage personal injury including death and claims for property damage which may arise from the activities of City or those of City's contractors, subcontractors, agents, employees or other persons acting on City's behalf which relate to the Project. City agrees to and shall defend Property Owner and its officers, agents, employees, partners and representatives from actions for damages caused or alleged to have been caused by reason of City's activities in connection with the Project.

Property Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of this Development Agreement. 4\RIA2&6\00R\DEVELOP2.AGM 13

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 791 of 1555 47277

17. Periodic Review of Compliance with Agreement.
(a) City and Property Owner shall review this Agreement at least once every 12-month period from the date this Agreement is executed. City shall notify Property Owner in writing of the date for review at least thirty (30) days prior thereto. (b) During each periodic review by City teach party is required to demonstrate good faith compliance with the terms of the Agreement. Each Party agrees to furnish such evidence of good faith compliance as the other party in the exercise of its discretion may require.

18. Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties and in the manner provided for in government Code sections 65868, 65867 and 65867.5.

In addition, the parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the development of the Project and with respect to those items covered in genera.I tenns under this Agreement. If and when the parties find that changes or adjustments are necessary or appropriate, they shall, unless otherwise required by law, effectuate such changes or adjustments through administrative amendments approved by City Director of Planning and Development, which, after execution, shall be attached hereto as an addenda and become a part hereof, and may be further changed and amended from time to time as necessary, with approval by City and Property Owner. Any such administrative changes or amendments shall not be deemed to be an amendment to this Agreement under Government Code Section 65868, and unless otherwise required by law, no such administrative amendments shall require prior notice or hearing. Notwithstanding the foregoing, the following matters shall 4\R\A286\00R\OEVELOP2.AGM 14

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 792 of 1555 not be considered administrative changes or amendments, but shall be considered substantive amendments which shall be reviewed by the Planning Commission and approved by City Council:
(a) Alteration of the permitted uses of the Real Property; (b) Increase in the density or intensity of use;
(c) Increase in the maximum height and size in permitted buildings; (d) Deletion of a requirement for the reservation or dedication of land for public purposes except for minor boundary adjustments approved by City Director of Planning and Development; and
(e) Any amendment or change requiring a subsequent or supplemental environmental impact report pursuant to California Public Resources Code Section 21166.

19. Attorneys' Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys' fees and court costs.

20. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, Notice required to be given to City shall be addressed as follows:
4\R\A286\00R\DEVELOP2.AGM
City of Indio
P.O. Box 1788
Indio, CA 92202
Attn: City Clerk
15

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 793 of 1555 47277
Notices required to be given to Property Owner shall be addressed as follows:

Pacific Indio Properties, Inc.
1875 Century Park East
Suite 1880
Los Angeles, California 90067
Attention: Mazen Habiby
A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

21. Rules of Construction and Miscellaneous Terms.
(a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive.
(b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected.
(c) If there is more than one signer of this Agreement their obligations are joint and several.
(d) The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement.

22. Mell-Roos Community Facilities District: Other Assessment District or Financing Mechanisms. Pursuant to Chapter 2.5 (commencing with Section 53312) Part I, Division 2, Title 5 of the Government Code, commonly known as the "Mello-Roos Community Facility Act of 1982" > Property Owner may, at its sole election, petition City Council of City to establish a community facilities district including the Real Property for the purpose of acquiring> constructing and financing through the sale of bonds the acquisition and construction of certain public facilities which are necessary to meet increased demands placed on City as a result of the development of Property Owner's Real Property. Alternatively, or in addition thereto, Property Owner may request that City initiate and complete proceedings under the Municipal 4\R\A286\00R\DEVELOP2.AOM 16

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 794 of 1555 •17277
Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915,_ the Landscaping and Lighting Act of 1972, or any and all other available financing mechanisms to provide public conduit financing for the construction of public improvements on the Real Property. If so requested by Property Owner, City shall cooperate with Property Owner and use its best efforts in taldng all steps necessary to cause the community facilities district or other entity to issue bonds for such purposes.

23. Subsequent Actions. City shall timely process, m as expeditious a manner as possible for processing such matters, any necessary entitlements to use, including parcel maps, vesting tentative tract maps, tentative tract maps, conditional use permits, or other discretionary approvals or entitlements to use contemplated by the Project, and any grading, construction or other pennits filed by Property Owner in accordance with the substantive development standards set forth in the Development Plan. The term of Tentative Tract No. 26585 as welJ as any other tentative map filed for the Real Property within the tenns of this Agreement shall automatically be extended for the term of this Agreement.

24. Rules, Regulations and Official Policies.

24.1 New Rules. This Agreement shall not prevent City from applying new rules, regulations and policies relating to Unifonn Codes such as the Uniform Building Code, Unifonn Electrical Code, Unifonn Mechanical Code or Uniform Fire Code, which: (a) relate to public safety; (b) are based on recommendations of a multi-state professional organization; and (c) become applicable throughout City.

24.2 New Laws. In the event that state or federal laws or regulations, enacted after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, 4\R\A2S6\00R\DEVELOP2.AGM 17

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 795 of 1555 47277
however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

24.3 Subsequent Actions and Approvals. In accordance with Government Code Section 65866, this Agreement shall not prevent City in subsequent actions applicable to the Real Property from applying new rules, regulations and policies which do not conflict with those existing rules, regulations and policies set forth in the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations or policies; provided that Property Owner's vested right to develop the Project pursuant to this Agreement is not impaired by any such applications or actions by City.

25. Recordation. This Agreement and any amendment or cancellation hereto shall be recorded in the Office of Official Records of the County of Riverside, by City Clerk within the period required by Section 65868.5 of the Government Code.

26. Protection of Mortgage Holders. Property Owner and City agree that this Agreement shall not prevent or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Real Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Real Property. City acknowledges that the lenders providing such financing ("Mortgagees") may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Property Owner and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. 4\R\A286\00R\DEVELOP2.AOM 18

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 796 of 1555 47277
Any Mortgagee of all or any portion of the Real Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on all or any portion of the Real Property made in good faith and for value, unless otherwise required by law. (b) Any Mortgagee of a mortgage or deed of trust encumbering all or any portion of the Real Property which has submitted a request in writing to City in the manner specified herein for giving notices shall be entitled to receive written notification from City of any default by Property Owner in the perfonnance of Property Owner's obligations under this Agreement.
(c) If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Property Owner under" the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Property Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of all or any portion of the Real Property, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Real Property, or part thereof, subject to the tenns of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perfom1 any of Property Owner's obligations or other affinnative covenants of Property Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be perfonned by Property Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that 41R\A2&6\00RIDEVELOP2.AGM 19

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 797 of 1555 any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of this Agreement.

27. Severability of Terms. If any tem1, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce.

28. Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Law (California Government Code Sections 65864 - 65869 .5) in effect as of the Agreement Date. Accordingly, to the extent the subsequent amendment to the Government Code would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreement to be enforceable or unless this Agreement is modified pursuant to the provisions set forth in the Agreement and Government Code Section 65868 as in effect on the Agreement Date.

29. Effect on Title. Property Owner and City agree that this Agreement shall not create an encumbrance on any portion of the Real Property which is sold to an ultimate user of all or any portion of the Real Property.
4\R\A286\00R\DEVEL0!'2.AGM 20

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 798 of 1555 47277
IN WI1NESS WHEREOF this Agreement l1as been executed by the parties on the day and year first abo~e written.

I
Approve as to :
,·" ,-
r
DA
ATTEST:
_/n(! Jl ,,l±B( A_ ~ DODD, City Clerk
City of Indio, California
4\R\A286\00R\DEVELOP2.AGM

CITY OF INDIO
PROPERTY OWNER:

Pacific Indio Properties, Inc., a / 1
California corporation rr .• I
I /
By: ·~ - I
Mazen Habiby
Its: Vice President v
21

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 799 of 1555 47277
STA TE OF CALlFORNIA )

COUNTY OF RIVERSIDE )
On this ti!!!.ctay o Ii, , a /1.._ • . , 199~ before me, &tlcdrd LJ;~r , a Notary Public in and for said County State, personally appeared '0?dr<1 cs .s J=°/J e .z ___ , personally known to me (ru: proved to me cm the basis of sat~kleaee) to7be the person who executed this instrument as Mayor of the City of Indio and acknowledged to me that the City of Indio executed it.

WITNESS my hand and official seal.
r.or,1.w r:.~~,c. i.:AJ_i,Cf:m,
RlvtRS:1)£ COUtHY ~ Co;rm. £1;)~ei ,f,pr!f 5, 19-94

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
County and State
On this J"l day of fce.11l£uk, 1991, before me, Jf,,r, ,C :5 /2//.e..,, a Notary Public in and for sai County and State, personally appeared Mazen Habiby, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Vice President of Pacific Indio Properties, Inc., a California corporation and acknowledged to me that said corporation executed it.

WITNESS my hand and official seal.
4\R\AWi\OOR\DEVELOPZ.AGM 22

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 800 of 1555 § 25.44 Zoning § 25.45
(3) No roof-mounted dishes.
(K) Parking spaces shall be required for each dwelling unit as follows:

I bedroom or studio units: 1.5 spaces,. of which 1 shall be covered.
2 bedroom unit or more: 2 spaces, of which 1 shall be
covered.
(L) Fire hydrants shall not be located in public or private sidewalks.
(M) Children's play areas and the equipment to be used shall be designated for project approval and shall include fencing. (N) No less than ninety cubic feet of bulk storage per unit shall be provided in the carport, garage or patio area. (0) Illuminated street addresses and unit designations are required to be displayed in prominent, visible locations. For multiple units projects, a directory is required.
(P) Site plan and architectural approval is required for all structures, landscaping, lighting, solar equipment, parking, and amenities. (Ord. No. 943, § 1 (part).)
DIVISION 4.

Repealed by Ordinance No. 943.

DIVISION 5. R-0 OR
RESIDENTIAL-OFFlCE ZONE.

Sec. 25..44. Purpose.

Thls zone is intended to provide for the demonstrated need for office space together with multiple residential development in close proximity to single family residential areas yet inappropriate for full commercial development. It is intended that the uses in this zone would be designed and landscaped so as to be in harmony with adjacent residential uses. No uses are allowed except those listed below and only as limited by the provisions of this chapter. (Ord. No. 610, § 1 (Art. II, Div. 5, § 1 ).) ,
Sec. 25.4S. Permitted uses.

The following uses are permitted:
(A) General and professional offices;
313 {lndio 12-89)

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 801 of 1555 ........
§ 25.60 Zoning § 25.63
Sec.. 25.60.. Fencing.

A solid wall at least six feet high shall be required on all common property lines when a C· l zoned property is developed adjacent to residentially zoned property and as required by design review in other cases. (Ord. No. 610, § 1 (Art. II, Div. 6, § 8).) See. 25.61. Other required conditions .
(A) No more than three persons shall be engaged in the fabrication, repair and other processing goods establishment • (B) Site plan and architectural approval is required for all uses, buildings and structures. (Ord. No. 610, § 1 (Art. II, Div. 6, § 9).) DIVISION 7. C-2 OR GENERAL
COMlvfERCIAL ZONE.

Sec. 25.62. Purpose.

The uses of land, buildings and structures in the C-2 zone are subject to the limitations of this division and the provisions of this chapter. No uses are allowed in such zones except those specifically listed below in this division. (Ord. No. 610, § 1 (Art. II, Div. 7, § 1).)
Sec. 25.63. Permitted uses.

Retail stores, shops or businesses conducted entirely within a building, including food stores, furniture stores. restaurants (except drive-in facilities). bars, cafes, bakeries, personal service establishments, offices and clinics, motels and hotels are permitted.

Satellite dish that meets the following conditions:
(A) The dish is view-obscured on all sides by a wall of at least two-thirds of the height of the dish as mounted;
(B) The dish is not roof-mounted;
(C) There is no advertising on the dish;
(D) The total height shall not exceed the height of the nearest building;
318.1 (Indio 11-91)
I
- :•,-.:.?i:
·-• .... ,.,, .. . .. - . '.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 802 of 1555 § 25.64 Indio City Code § 25.64
(E) The dish is subject to approval of a zoning pennit by staff. (Ord. No. 610, § l (Art. II, Div. 7, § 2); Ord. No. 943. § 1 (part).) Sec. 25.64. Conditional uses.

Indoor theaters, seIVice stations, automobile repair and service establishments, wholesale businesses. drive-in restaurants, bus terminals, amusement and recreation business, private clubs and lodges, motorcycle repair shops, billiard parlor or pool hall, electrical substations, hospitals, laundries and dry cleaners. automobile car washes, veterinary hospitals, multiple residential dwellings above the ground-floor level of a retail or personal service establishment, printing and publishing shops, nurseries, furniture upholstery shops, truck (over two ton), mobilehomes and travel trailer sales lots, private schools, gannent assembly. auctions and auto. truck, mobilehomes and travel trailer sales lots. pawnbroker shops, thrift shops. or secondhand dealerships as defined herein based on the Business and Professions Code Section 21626 are conditional uses.

Satellite dish that does not meet conditions listed above as Ifennitted use satellite dish except that in no event shall a satellite dish:
(A) Be roof-mounted;
(B) Have advertising on it;
(C) Have a total height which exceeds the height of the nearest building.

Skilled nursing facility, intennediate care facility as defined by California Health and Safety Code Section 1250 with density to be determined on a case-by-case basis.

General acute care hospital, acute psychiatric hospital, special hospital, and general acute care/rehabilitation hospital as defined by California Health and Safety Code Section 1250.

Churches.

Licensed "community facilities" for seven or more persons, including: residential facility; adult day care; day treatment, foster family facility; foster family home; small family home; social (Indio 11-91) 318.2
_::~:\~;: ,· . . ~· ...
• ... ,TO>~ ••a:. ~~ ~ ,.~ •• ,• •• ~.":'~~-- •• 0 .•

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 803 of 1555 § 25.64 Zoning § 25.64
rehabilitation facility*; community treatment facility*; adoption agency; social day care facility.

Licensed residential care facility for the elderly (Health and Safety Code 1569).

Licensed alcoholism recovery facility* (Health and Safety Code Section 11824.10, et seq.).

Licensed large child care (seven to twelve) and child care center (twelve or more) .
. Homes for the mentally and physically handicapped (Welfare and Institution Code Section 5115).

Homeless shelters* (Health and Safety Code Section 1505).

Drug rehabilitation and recovery facilities* (Health and Safety Code Section 1505). (Ord. No. 731, § 1 (part); Ord. No. 610, § l (Art. II, Div. 7, § 3); Ord. No. 753, § 1; Ord. No. 834, § 3; Ord. No. 912, § .5; Ord. No. 943, § 1 (part); Ord. No. 970, § l; Ord. No. 1012, § 1 (part); Ord. No. 1075 § 3.)
* Subject to the dispersal requirement or section 25.120.2. 318.2a (Indio 11-91)
..
:.- .. 't_ \';. ·~ -~ -~>-:-:: :,:•:.._...) ~- ·:. ';'~~-:- _·. --::: ..

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 804 of 1555 § 25.69 Zoning § 25.71
Sec. 25.69. Other required conditions.

Site plan and architectural approval are required for all uses, buildings and structures. (Ord. No. 610, § l (Art. II, Div. 7, § 8).)
DIVISION 8. C-T bR COMMERCIALTOURIST AND RECREATION ZONE.

Sec. 25.70. Purpose.

The purpose of this zone is to provide for those commercial uses primarily catering to the traveling public. Such uses constitute an important activity of the community·: and it is intended that the uses in this zone would be designed .and landscaped so as to be attractive commercial areas, as well as being in harmony with adjacent residential areas. No uses are allowed except those specifically listed below and then as limited by the conditions of this chapter. (Ord. No. 610, § I (Art. II, Div. 8, § 1 ).) •
Sec. 25. 71. Permitted uses.

The following uses are permitted: . .
(A) Agriculture, except the raising of animals for commercial purposes;
(B) Hotel, motel;
(C)· Indoor restaurants. with or without cocktail lounges; (D). Exhibit hall, tourist centers;
(E) The following tourist related uses that are integrated with, and are clearly an incidental part of a hotel or motel building:
( 1) Barbershop or beauty shop,
(2) Drugstores,
(3) Tobacco, candy, newspaper and magazine counter,
(4) Travel agency,
(5) Automobile rental agency office (no auto .storage or service permitted), •
(6) Cocktail lounges or wine tasting room, .
(7) Retail establishments for the sale of souvenirs, curios, film and other products customarily provided to meet the needs of the traveling public. (Ord. No. 610, § 1 (Art. II, Div. 8, § 2).) 319 (Indio 7-15-72)
:.1·'.l .• ...
.

I
;

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 805 of 1555 § 25.65 Zoning § 25.68
Sec. 25.65. Prohibited uses.

Uses not specified herein unless determined by the planning commission to be similar in nature to those specified are prohibited but in no event shall general manufacturing or billboards be allowed. (Ord. No. 610,. § l (Art. II, Div. 7, § 4 ).) Sec. 25.66. Height regulations.

Building height shall be thirty-Jive feet. Individual
determinations shall be made for conditional uses; and others may exceed height limit by use permit. (Ord. No. 610, § 1 (Art.

II, Div. 7, § 5).)
Sec. 25.67. Area, lot width and yard requirements.

Area, width and yard requirements are as follows:

Minimum building site None;
Maximum coverage 100%, subject to required parking;
Yards None, except as may be required by
the planning commission under design
review which may include minimum
side yards where the C-2 zone abuts
an R zone.
(Ord. No. 610, § I (Art. II, Div. 7, § 6).)
Sec. 25.68. Fencing.

A solid fence or wall at least six feet high shall be required on all common property lines when C-2 zoned property is developed adjacent to residentially zoned property. Outdoor storage and trash bins shall also be screened in accordance with division 13, article III of this chapter. (Ord. No. 610, § 1 (Art.

II, Div. 7, § 7).)
318.3 (Indio 1 l ·86)
.. · ..

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 806 of 1555 § 25.72 Indio City Code § 25.75
Sec. 25. 72. Accessory uses.

The following are accessory uses:'
(A) DwelHng, where used by a proprietor or manager of a permitted use within this zone;
(B) Recreation buildings, structures and uses designed to serve the patrons of a permitted use, including swimming pools, shuffleboard, courts und play lots. (Ord. No. 6 l 0, § I (Art. II, Div. s. § 3).)
Sec. 25. 73. Conditional uses.

The following are conditional uses:
(A) Automobile service station;
(B) Theater, including drive-in;
(C) Drive-in or walk-up restaurant or other outdoor
restaurant;
{D) Bowling alley;
(E) Billiard parlor;
(F) Llquor stores;
(G) Bus terminals, depots and similar transit facilities; (H) Recreation vehicle or travel trailer parks;
(I) Commercial golf course;
(J) Convenience market. (Ord. No. 610, § 1 (Art. II, Div·. 8, § 4).)
Sec. 25 •. 74. Prohibited uses.

The following uses are expressly prohibited in the C-T zone:
(A). Residential uses; •
(B) Mobile home parks;
(C) Outdoor advertising or billboard structures. (O~d. _No. 610, § 1 (Art. II, Div. 8, § 5).)
Sec. 25. 75. Height regulations.

The maximum height of any building located within one
hundred fifty feet of an R zone shall be thirty-five feet; otherwise, the maximum height shall be fifty-five feet, ·except where otherwise specified for conditional uses. (Ord. No; 6 I 0, § 1 (Art. II, Div. 8, § 6).)
320
"' , ~- ...... :~.,. ~~-- ~

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 807 of 1555 § 25.76 2.oning § 25.79
See. 25.76. Area, Jot width and yard requirements.

The following minimum requirements shall be observed, except where increased for conditional uses:

Minimum building site
Maximum building
coverage
Front yard
Side yard
Rear yard
10,000 square feet;
None, except for parking and landscaping requirements; 10 feet;
Interior lot-no requirement;
Comer lot-the side street side of a
comer lot shall not be less than ten
feet;
None required, except where abutting
an R zone, then fifteen feet shall be
required.
(Ord. No. 610, § I (Art. II, Div. 8, § 7).)
Sec. 25.17. Fencing.
i A solid wall at least six feet high shall be required on all common property lines when a C-T zoned property is developed adjacent to residentially zoned property, and as required by design review in other cases. (Ord. No. 610, § 1 (Art. II, Div. 8,. § 8).) ' Sec. 25.78. Open landscaped area.

The required front yard and street side yard of comer lots with openings for accessways in accordance with city standards shall be developed into and pennanently maintained as open landscaped areas containing ground cover, trees and shrubs. Landscaping for parking areas may be.integrated into the yard planting. (Ord. No. 610, § 1 (Art. II, Div. 8, § 9).)
Sec. 25.79. Other required conditions.

Site plan and architectural review are required for all uses, buildings and structures. (Ord. No. 610, § 1 (Art. II, Div. 8, § 10).) 321 (Indio 11-91)
._.:.,/:\,-:.f.<;"',::\t,:-t/,:_~,:,.{•~'.-
'

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 808 of 1555 § 25.80 Indio City Code
DIVISION 9. C-3 OR
HEAVY COM?vIBRCIAL ZONE.

Sec. 25.80. Purpose.
§ 25.82
The use of land, buildings, and structures in the C-3 zone are subject to the limitations of this division and the provisions of this chapter. No uses are allowed in such zones except those specifically listed below in this division. (Ord. No. 610. § 1 (Art. II, Div. 9, § 1).)
Sec. 25.81. Permitted uses.

The · following uses are pennitted. when conducted entirely within a building: Retail and wholesale stores: mechanical repair and rebuilding shops; personal senrice establishments; offices and clinics; telephone exchange buildings; printing shops: furniture and upholstery shops; warehouses and storage buildings (except ministorage or miniwarehouse complexes as provided by Section 25.82).

The following uses ·may be conducted as "outdoor" uses: Landscape nurseries; drive-in restaurants; plumbing and contractor yards.

Satellite dish that meets the following conditions:
(A) The dish is view-obscured on all sides by a wall of at l~ast two-thirds of the height of the dish as mounted;
(B) The dish is not roof-mounted;
(C) There is no advertising on the dish;
(D) The total height shall not exceed the height of the nearest building;
(E) The dish is subject to approval of a zoning permit by staff. (Ord. No. 610. § 1 (Art. II, Div. 9, § 2); Ord. No. 667. § I; Ord. No. 912, § 6; Ord. No. 943, § I (part).)
Sec. 25.82. Conditional uses.

The following uses are conditional uses: Cabinet and carpenter shops; auto body and paint shops; light manufacturing or processing of food products, candy, cosmetics. ceramics, clothing; light metal (Indi<> 11"5'1) 322
. . . -;.

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Resolution No. 10422 : Request for approval of Tentative Parcel Map 3841... Page 809 of 1555 § 25.82 2.oning § 25.82
fabrication and assembly of electrical appliances. electronic instruments, radios and television. toys, novelties, heating and ventilating and draining ducts, batteries and signs. Hotels and motels, public utility yards; cleaning, dyeing and laundry plants; public utility structures; tire recapping, automobile service stations and truck terminals; outdoor theaters; tire repair and recapping shops; private schools; residential use for caretakers; outside storage of recreational vehicles; miniwarehousing pursuant to Section 25.164-7; auctions; swapmeets only within outdoor drive-in theaters pursuant to standards set forth in Section 25 .164-8; fortunetelling and similar psychic activities; auto, truck. mobilehome sales lots, equipment rental yards; churches.

Satellite dish that does not meet conditions listed above as pennitted use except that in no event. shall a satellite dish:
(A) Be roof-mounted;
(B) Have advertising on it;
322.1 (Indio l l-9 l)
· .. '. ·.,, .,. :·• ·, .. _ ..

Page 113 of 196 ends

Indio City CouncilJanuary 17, 2024

Indio City Council
January 17, 2024