Agenda — Indio City Council, March 20, 2024 (part 3 of 3)

Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 361 of 503 PROPOSAL FOR INDIO MURAL #16

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 362 of 503 PROPOSAL FOR INDIO MURAL #16
(Detail of mural from Left to Right)

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 364 of 503 Artist Maintenance Plan
The mural will be painted with the best quality BEHR ULTRA Exterior Satin oil-based paints and Montana spray paint. The preparation for the walls will require pressure washing to clean the surface and will be primed with Kilz Primer to ensure the vibrancy of the colors and longevity of the mural, but will compliment and still keep the integrity of the wall’s original brick texture. In order to protect the mural from vandalism, the mural will be sealed with industrial grade Nano-Tech anti-graﬃti coating when completed. The sealant will also prevent fading from sun exposure. Any maintenance to the mural that is required will be routinely checked annually and shall be done by me or an assistant authorized by me, under my direction. Each routine check-up or repair will be $175 per hour.

I will be using BEHR ULTRA Exterior Satin Enamel colors and sealed with NANO- TECH COATING . I will provide the list of colors and their SKU numbers below:

TART ORANGE - HDC-MD27
PEACH MIMOSA - HDC-MD-18
ROMANTIC MOMENT - P570-5
BEACHSIDE DRIVE - M460-2
BEACON BLUE - P510-7
CARIBBEAN CURRENT - P460-7
FLIRT ALERT - P150-7
UPBEAT - P300-5
INFERNO - P190-7
NANO-TECH ANTI-GRAFFITI COATING - NANO10038
Adam Enrique Rodriguez

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 365 of 503 Description
The scope of this project will take about 8 weeks to complete. I will ﬁrst prepare the walls by power washing, cleaning, and priming the surfaces. The greater the attention made to the preparation of the surfaces will ensure the best adherence of paints and their lifespan. I will be using a 21ft Scissor Lift and extension ladder to create the mural.. I will be using a combination of paint supplies including rollers, brushes and spray paints to achieve desired color and composition. As for the idea of involvement from the community, details can be discussed between the council members if I am selected for this project. Following the completion of the artwork, the entire surface will be sealed with an industrial grade, anti-graﬃti sealant that will safeguard the painting from vandalism or weathering to the paint and should be reapplied every 10 years.

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 366 of 503 Attachment 3

Mural Rating Sheet

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 367 of 503 City of Indio Public Arts Commission
Indio Mural # 16 Project Artist Selection Criteria
Indio Mural # 16 Artist applications are reviewed based on the following criteria (100 points):

1. Indio Artist (5 points):

2. Strong conceptual skills with innovative and effective approach (25 points):

3. Potential for work to enrich and diversify the City of Indio’s Public Arts Collection (20 points):

4. Vitality of the work in relation to location/space (5 points), theme or concept (5 points), design (5 points), natural light (5 points), human scale (5 points). a) location/space/place (5 points).
b) theme or concept (5 points).
c) design (5 points).
d) natural light (5 points).
e) human scale (5 points).

5. Strong artistic vision (25 points).

Commissioner Name: ___________________________
Signature: ____________________________________
Date: ________________________________________

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Mural Location

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Indio Mural # 16 Project Finalist Selection: The City Council select the... Page 370 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Bryan Montgomery, Executive Director
Subject: Receiving a presentation and consider approval of certain amendments to the Joint Powers Authority Agreement of Visit Greater Palm Springs (VGPS):
approving the membership of the City of Coachella, expanding the territorial limits to include the City of Coachella, approving an amendment to the purpose of the Joint Powers Authority, and creating a 501(c)(6) entity.

RECOMMENDATION:

Receive the presentation and approve amendments to the JPA Agreement of the Visit Greater Palm Springs Joint Powers Authority, authorizing the Mayor and City Manager to execute the amended Agreement.

SUMMARY:

Indio is a member of the Visit Greater Palm Springs Joint Powers Authority (VGPS) and VGPS staff is recommending some amendments that require approval from each member

BACKGROUND INFORMATION:

Following the exploration and analysis of the public and private partnerships of Visit Greater Palm Springs has staff VGPS thereof, support in activities of business the and (VGPS) VGPS recommended the following amendments to the JPA Agreement:

(1) the addition of the City of Coachella as a member agency, (2) the expansion of the territorial boundaries of the JPA to include the City of Coachella, (3) the amendments to the purpose set forth in the JPA Agreement to more broadly serve and benefit the VGPS Members and their constituents by developing strategies to diversify the regional economy, and
(4) create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA.

VGPS staff will provide a presentation and explain the purposes of the amendments to the JPA Agreement. (Attached is a redlined version of the amended JPA Agreement that identifies the proposed amendments).

ALTERNATIVES:

Not approve the Amended JPA Agreement
AGENDA ITEM #9.2
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ATTACHMENTS:

Attachment 1 - 2024.03.01 Redlined Agreement (003)

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VISIT GREATER PALM SPRINGS

JOINT POWERS AGREEMENT
(“Second Amended and Restated Agreement”)

A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500, et seq.

JANUARY 20, 2016
_________________, 2024
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TABLE OF CONTENTS

RECITALS ........................................................................................................................... 1 AGREEMENT ..................................................................................................................... 1 Section 1 Definitions ....................................................................................... 1 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name ................................................................................................ 3 Section 5 InitialFirst Amended and Restated Agreement Superseded – Effective Date 3
Section 6 Termination ...................................................................................... 3 Section 7 CVBJPA Members .......................................................................... 4 Section 8 Additional Members ........................................................................ 4 Section 9 Governing Body ............................................................................... 4 Section 10 JPA Executive Committee – Powers and Duties ............................. 4 Section 11 Territorial Boundaries ...................................................................... 5 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 6 Section 14 Separate Entity ............................................................................... 76 Section 15 Powers of the JPA ............................................................................ 7 Section 16 Power to Invest ................................................................................ 9 Section 17 Bonding ........................................................................................... 9 Section 18 Treasurer and Auditor – Designations ............................................. 9 Section 19 Treasurer – Duties and Responsibilities ........................................... 9 Formatted: Not Expanded by / Condensed by

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Section 20 Independent Audit ......................................................................... 10 Section 21 Auditor’s Duties ............................................................................ 10 Section 22 Severability .................................................................................... 10 Section 23 Waiver ....................................................................................... 1110 Section 24 Amendments .............................................................................. 1110 Section 25 Ambiguities or Uncertainties ......................................................... 11 Section 26 Applicable Law .............................................................................. 11 Section 27 Venue ............................................................................................. 11 Section 28 Notices ........................................................................................... 11 Section 29 Counterparts ................................................................................... 12 Section 30 Privileges and Immunities ............................................................. 12

EXHIBIT A
Territorial Boundaries .......................................................................................................... 16

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1 This Second Amended and Restated Joint Powers Agreement (this “Agreement”) is entered heretointo by and between the cities of Cathedral City , Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the California Government Code. (“Agreement”).The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”).

The parties to this Agreement are individually referred to herein as “CVBJPA Member” and collectively as “CVBJPA Members.”

RECITALS

WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority (“JPA”); and

WHEREAS, the CVBJPA Members entered into the original joint powers agreement on February 8, 1989, for the purpose to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the CVBJPA Members have in common; and

WHEREAS, it is intended by the CVBJPA Members that this Agreement shall be amendatory of the original joint powers agreement First Amended and Restated J oint Powers Agreement, dated February 8, 1989January 20, 20 16, including any subsequent amendments (“InitialFirst Amended and Restated Agreement”), and shall restate, amend and supersede the InitialFirst Amended and Restated Agreement in its entirety as of the Effective Date; and

WHEREAS, the CVB Members, consisting of the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside have consented to renaming the JPA to the “Greater Palm Springs Convention & Visitors Bureau” (“CVB”) for all purposes.

WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and

WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set Formatted: Font: 12 pt
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2 forth, and intending to be legally bound hereby, the CVBJPA Members hereby covenant and agree as follows:

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3 AGREEMENT

Section 1. Definitions

The following words, terms and phrases shall have the following meanings:

“Advisory Board” shall mean the board appointed by the JPA Executive Committee for the purposes described in paragraph (c) of Section 10.

“Additional JPA Members” shall mean qualified organizationsmunicipalities that may be added as members of CVBJPA as described in Section 8.

“Board of Directors ” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.

“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.

“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.

that provides facilities“JPA” shall mean the Joint Powers Authority and services designedmay also be referred to host meetings or gatherings within or upon the same premises of the hotel or within a facility (herein as VGPS.

“JPA Executive Committee” shall mean the JPA’s governing body formed for example: convention centers, auditoriums, outdoor venues, etc.) that is in close proximity of the hotelthe purposes and having the powers and duties set forth in Section 10.

“CVB Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.

“CVB“JPA Member” shall mean an organizationa municipality that is party to this Agreement.

“CVBJPA Members” shall mean, collectively, the organizationsmunicipalities that have entered into this Agreement.

“CVBJPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.

“Greater Palm Springs Convention & Visitors Bureau” or “CVB” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside.

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4 “Lodging Establishments,” as referenced in Section 10, Paragraph C, ” shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, or any privatepublic or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.

“
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.

“JPA Executive Committee” shall mean the CVB’s governing body formed for the purposes and having the powers and duties set forth in Section 10.

A “Non-Convention Hotel” shall mean any structure, with the exception of the previously defined “Convention Hotels,” or any portion of any structure which is occupied or intended or designed for use or occupancy by transients including, but not limited to, dwelling, lodging or sleeping purposes and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, campground, mobile home or house trailer at a fixed location, or other like structure or portion thereof. Non-Convention Hotel includes a recreational vehicle, as defined in Cal. Health & Safety Code § 18010 and campgrounds.

Partner” shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement.

“President and Chief Executive Officer ” shall mean the individual employed by CVBVGPS, who is responsible for professionally supervising, managing , and administering CVB’sVGPS’s day-to day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement.

“TBID” shall mean Tourism Business Improvement District assessment.

“Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of CVB’sVGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.

“Treasurer” shall mean the individual appointed by CVB’sVGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.

“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.

“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority Formatted: Right: 0"
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5 formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 2. Incorporation of Recitals

The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.

Section 3. Purpose

The purpose of this AgreementVGPS is to form a joint powers authority to benefit all JPA Members and their constituents by jointly encourage, promote, and to do:

(a) Marketing, attracting, encouraging, promoting, and do ing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to attract visitors from national and international markets, all to the benefit of the CVB Members and their constituents.; and

(b) Doing such other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley.

Section 4. Name

The name of the JPA shall be the ““Visit Greater Palm Springs Convention & Visitors Bureau” (“CVB” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote of the entire JPA Executive Committee.

Section 5. InitialFirst Amended and Restated Agreement Superseded - Effective Date

It is intended by the CVBJPA Members that this Agreement shall be amendatory of the InitialFirst Amended and Restated Agreement and shall restate, amend and supersede the InitialFirst Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the CVBJPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the CVBJPA Members’ legislative bodies (“Effective Date”).

Section 6. Termination

(a) This Agreement may be terminated by unanimous vote of all the CVBJPA Members’ legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a CVBJPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing CVBJPA Member as described in Section 13; and

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6 (b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be returned to the CVBJPA Members’ treasuries in proportion to the CVBJPA Member Contributions made by the respective CVBJPA Member to the JPA.

(c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2 , any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.

The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.

Section 7. CVBJPA Members

The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 8. Additional Members

Additional CVBJPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as CVBJPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 9. Governing Body

(a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: ( i) a duly elected or appointed council member of each city CVBJPA Member; and (ii) a member of the Riverside County Board of Supervisors.

(b) Only those members of the JPA Executive Committee, whose agencies pay the CVBJPA Member Contributions, as set forth in this Agreement, shall be entitled to vote.

Section 10. JPA Executive Committee - Powers and Duties

The JPA Executive Committee, consistent with this Agreement and all applicable laws, shall exercise all the powers and perform all duties necessary to conduct the business of the JPA, either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following:

(a) Adopt bylaws or rules of procedure to provide for the organization and administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote of the JPA Executive Committee;

(b) Approve and adopt a budget for the JPA prior to the commencement of the JPA’s Formatted: Condensed by 0.1 pt
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7 subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee;

(c) Appoint an advisory board consisting(c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other persons from any other industry deemed appropriate by the JPA Executive Committee; . The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.

Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee.

(d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member employed by each CVBJPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on;

(e) Employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day -to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as the JPA Executive Committee may designate;

(f) (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and

(g)(f) Create any committees, sub -committees, advisory committees and advisory boardscommittees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.

(h)(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Formatted ...

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8 Agreement shall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City of Rancho Mirage in the exercise of similar powers.

Section 11. Territorial Boundaries

The JPA’s territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Sp rings, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the CVBVGPS may only be changed by a two -thirds vote of the JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies.

Section 12. Contributions

(a) Each CVBJPA Member shall pay to the JPA the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies.

The provisions of this section may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies.

A contribution from each of the CVBJPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Non-Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels

(b) The Gross Hotel Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the CVBJPA Members.

Section 13. Withdrawal

Any Party may withdraw as a CVBJPA Member and the obligations under this Agreement subject to the following conditions:

(a) The withdrawing CVBJPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice of Withdrawal.

(b) The effective date of withdrawal shall always be the last day of the CVB’VGPS’ s Fiscal Year.

(c) All CVBJPA Member Contributions must be paid in full by the withdrawing CVBJPA Member through the end of the current CVBVGPS Fiscal Year of the year when the withdrawing CVBJPA Member provides its Notice of Withdrawal as well as the following CVBVGPS Fiscal Year.

(d) After giving notice of withdrawal, a withdrawing CVBJPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items Formatted: Thick underline
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9 through the effective date of withdrawal.

(e) A withdrawing CVBJPA Member may again become a party to this Agreement on condition that it pays to the treasury of the CVBVGPS an amount equal to all CVBJPA Member Contributions which the withdrawing CVBJPA Member would have been required to pay if it had not withdrawn from participation.

(f) Partners within the territorial boundaries of the CVBVGPS may remain active Partners as long as their respective government entity is a CVBJPA Member and during the period of their CVBJPA Member’s withdrawal from the Joint Powers Agreement.

(g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA.

Section 14. Expulsion/Withdrawal

A JPA Member may be expelled or suspended by a two -thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.

Section 15. Separate Entity

PursuantExcept for termination as provided in Section 6 of this Agreement, pursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA shall be its sole responsibility and shall not become th e debts, liabilities, or obligations of any one CVBJPA Member except that any CVBJPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.

Section 1516. Powers of the JPA

Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 , et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:

(a) The power to make, enter into and perform all necessary contracts;

(b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties;

(c) The power to retain agents, independent contractors and consultants, including Formatted: Font: 12 pt, Condensed by 0.1 pt
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10 without limitation the power to engage legal counsel and other professional services;

(d) The power to acquire, construct, manage, maintain or operate any building, works or improvements;

(e) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;

(f) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;

(g) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA;

(h) The power to donate any surplus real or personal property to any public agency or nonprofit organization;

(i) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract;

(j) The power to raise revenue for any public purpose consistent with the JPA ’s purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq;

(k) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which authorizes joint powers agencies to establish , modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this agreementAgreement by the CVBJPA Members constitutes consent: (i) to :

(k)(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the CVB in connection with formation of the said district (“2013 TMD”); (ii) to form an improvement district not to exceed an assessment rate of one percent (1%) on Lodging Establishments not currently being assessed under the 2013 TMD or the Palm Springs Desert Resort Communities Tourism Business Improvement District established by Ordinance No. 883 of the County of Riverside (“Tourism BID”); and (iii) to consolidate the 2013 TMD and Tourism BID as long as the overall assessment rate does not exceed three percent (3%) on the entities currently being assessed therein;VGPS in connection with formation of the said district (“2013 TMD”); and Formatted: Right: 0"
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11 (ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;

(iii) t h e renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals;

(l) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA;

(m) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;

(n) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the Government Code;

(o) The power to provide insurance pursuant to section 989 of the Government Code, et seq.;

(p) The power to sue and be sued in the name of the JPA;

(q) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;

(r) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JPA;

(s) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;

(t) The power to lobby on behalf of travel and tourism; and economic development;

(u) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the hospitality, convention and tourism and economic development industry; and

(v) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws.

Section 1617. Power to Invest
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12 Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.

Section 1718. Bonding

Pursuant to Government Code section 6505.1, individuals occupying the following positions shall file an official bond in an amount deemed sufficient by the JPA Executive Committee:

(a) President/Chief Executive Officer;

(b) Director of Finance; and

Section 1819. Treasurer and Auditor - Designations

Pursuant to Government Code section 6505.6, the JPA Executive Committee shall designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately.

Section 1920. Treasurer - Duties and Responsibilities

Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:

(a) Receive and receipt (account) for all money of the JPA and place it in the treasury of the Treasurer so designated to the credit of the JPA;

(b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; Pay, when due, out of money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;

(c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;

(d) Pay any other sums due from the JPA from JPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and

(e) Verify and report in writing on the first day of July, October, January and April of eachno less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties the amount of money the Treasurer holds financial Formatted: Right: 0"
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13 statement of activities for the JPA, the amount of receipts since the Treasurer’s last report, and the amount paid out since the Treasurer’s last reportyear.

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14 Section 2021. Independent Audit

Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.

Section 2122. Auditor’s Duties

The Auditor shall perform the following duties:

(a) Review and recommend to the JPA Executive Committee accounting procedures and policies governing the JPA;

(b) Review and approve all demands listed on the Warrant Registers prior to submittal to the JPA Executive Committee;

(d) Review all financial reports being submitted to the JPA Executive Committee and make the JPA Executive Committee aware of any discrepancies or potential problems in the reports;

(e) Review investments made by the President or Treasurer;

(f) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and

(g) Assist staff in the selection of the Certified Public Accounting firm.

Section 2223. Attorney’s Fees

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of its actual and reasonable attorney's fees, costs and expenses incurred in the proceeding.

Section 24. Voting

Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than half) to pass such motion. In the event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated.

Section 25. Severability

If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Formatted: Right: 0"
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15 Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

Section 2326. Waiver

All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.

Section 2427. Amendments

This Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 2528. Ambiguities or Uncertainties

The CVBJPA Members have mutually negotiated the terms and conditions of this Agreement and each CVBJPA Member received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of all CVBJPA Members and none of the CVBJPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any CVBJPA Member.

Section 2629. Applicable Law

This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 2730. Venue

In the event that suit is brought by any party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

Section 2831. Notices

Any notice or communication required hereunder between the JPA and the CVBJPA Members shall be in writing, and may be given either personally or by registered mail, return receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

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17 City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Desert Hot Springs
11711 West DriveCoachella
Desert Hot Springs53990
Enterprise Way
Coachella, CA 92240 92236
Attention: City Manager
City of Indian Wells 44950 El
DoradoDesert Hot Springs
Indian Wells11999 Palm Drive
Desert Hot Springs, CA
9221092240 Attention: City
Manager
City of IndioIndian
Wells 44950 Eldorado
Drive
Indian Wells100 Civic
Center Mall Indio, CA
9220192210 Attention:

City Manager
City of La Quinta 78495 Calle TampicoIndio
100 Civic Center Mall La
Quinta
Indio, CA 92253 92201
Attention: City Manager
City of Palm Desert
La Quinta 78495
Calle Tampico
73510 Fred Waring Drive
Palm DesertLa Quinta,
CA 9226092253
Attention: City Manager
City of Palm SpringsDesert
3200 East Tahquitz Canyon Way
73510 Fred Waring Drive
Palm SpringsDesert, CA
9226292260
Attention: City Manager
City of Rancho Mirage 69-825 Highway
111Palm Springs
Rancho Mirage3200 East
Tahquitz Canyon Way Palm
Springs, CA 9227092262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County ClerkCity
Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk

Section 2932. Counterparts

This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 3033. Privileges and Immunities

Pursuant to section 6513 of the Government Code, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, Formatted: Font: 12 pt
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18 disability, workmen ’s compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement. Formatted: Character scale: 105%

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[SIGNATURES APPEAR ON THE FOLLOWING PAGES]

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IN WITNESS WHEREOF, the duly authorized representatives of the CVBJPA Members have each executed this Agreement.

CITY OF CATHEDRAL CITY

____________________________________
_____________________,________________
_________________
Mark Carnevale, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Charlie McClendon, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Eric S. Vail, City Attorney

CITY OF DESERT HOT

SPRINGSCOACHELLA

____________________________________
_____________________,________________
_________________
Steven Hernandez, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Gabriel Martin, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Angela M. Zepeda, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Carlos Campos, City Attorney

CITY OF INDIAN WELLS DESERT

HOT SPRINGS

____________________________________
_____________________,________________
_________________
Scott Matas, Mayor

____________________________________
_____________________,Dated:

CITY OF INDIOINDIAN WELLS

____________________________________
_____________________,
_________________________________
Greg Sanders, Mayor

____________________________________
_____________________,Dated:
___________________________
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___________________________

_________________________________
Frank Luckino, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Daniel McVey, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Jennifer Mizrahi, City Attorney

_________________________________
Christopher Freeland, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Angelica Avila, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Todd Leishman, City Attorney

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CITY OF LA QUINTAINDIO

____________________________________
_____________________,________________
_________________
Guadalupe Ramos Amith, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Bryan Montgomery, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Cynthia Hernandez, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Steven P. Graham, City Attorney

CITY OF PALM DESERTLA QUINTA

____________________________________
_____________________,________________
_________________
Linda Evans, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Jon McMillen, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Monika Redeva, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
William H. Ihrke, City Attorney

CITY OF PALM SPRINGSDESERT

____________________________________
_____________________,________________
_________________
Karina Quintanilla, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Todd Hileman, City Manager

CITY OF RANCHO MIRAGE PALM

SPRINGS

____________________________________
_____________________,________________
_________________
Jeffrey Bernstein, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Scott Stiles, City Manager

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ATTEST:

____________________________________
___________________,__________________
_______________
Anthony Mejia, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Isra Shah, City Attorney

ATTEST:

____________________________________
___________________,__________________
_______________
Brenda Pree, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Jeffrey Ballinger, City Attorney

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COUNTYCITY OF RIVERSIDERANCHO
MIRAGE

____________________________________
_____________________,_______________________
__________
Steve Downs, Mayor

Dated: ___________________________

_________________________________
Isaiah Hagerman, City Manager
Chairman

____________________________________
_____________, County Executive Officer

ATTEST:

____________________________________
___________________,________________________
_________
Kristie Ramos, City Clerk of the Board

APPROVED AS TO FORM:

____________________________________
________________________, County Counsel
________________________________
Steven B, Quintanilla, City Attorney

COUNTY OF RIVERSIDE

_____________________________
_______
Chuck Washington, Chairman

_____________________________
_______
Jeff Van Wagenen, County
Executive Manager

ATTEST:

_____________________________
_______
Kimberly A. Rector, Clerk of the
Board

APPROVED AS TO FORM:

_____________________________
_______
Minh Tran, County Counsel

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EXHIBIT A

TERRITORIAL BOUNDARIES Formatted: Font: 11 pt

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City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10429, Request for Conditional Approval of Tentative Tract Map No. 38680 to subdivide three existing contiguous parcels (APN 610-030- 015, 610-070-052, and 610-070-053) totaling 25.45 acres into 16 parcels located south of Interstate 10 and the Whitewater River Storm Channel, and north of Indio Boulevard and certifying that the project’s Final Initial Study with the of 15074 Section with is in Declaration Negative Compliance California Environmental Quality Act (CEQA)

RECOMMENDATION:

Approve Resolution No. 10429 conditionally approving Tentative Tract Map No. 38680 (Case File No. 23-03-26).

SUMMARY:

The applicant, David I’Anson, is proposing to subdivide three existing contiguous parcels (APN 610- 030-015, 610-070-052, and 610-070-053) totaling 25.45 acres into 16 parcels. Parcel 1 is 9.03 acres in size. Parcels 2 through 16 will range in size from 0.55 acres to 1.32 acres in size. The project site is located south of Interstate 10 and the Whitewater River Storm Channel, and north of Indio Boulevard at 43-420 Trader Place, Indio, CA 92201. The Tentative Tract Map is for vesting purposes only and does not propose any new development at this time.

BACKGROUND INFORMATION:

On March 6, 2023, the applicant submitted a Tentative Tract Map application to subdivide three existing contiguous parcels (APN 610-030-015, 610-070-052, and 610-070-053) totaling 25.45 acres into 16 parcels located south of Interstate 10 and the Whitewater River Storm Channel, and north of Indio Boulevard.

Project Site and Surrounding Land Uses
The Project site includes an existing heavy industrial building, located on the proposed Parcel 1.

The undeveloped portion of the project site has been previously graded, consisting of compacted sandy soils and minimal vegetation.

The General Plan Land Use designations, Zoning Designations, and Existing Uses are identified in the table below:

General Plan, Zoning, and Surrounding Existing use
General Plan 2040 Zoning Existing Use
AGENDA ITEM #10.1
Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 402 of 503 General Plan, Zoning, and Surrounding Existing use
Site:

Workplace
Employment District
(WEP)
Heavy Industrial (IH) Industrial Building &
Vacant Land
North: Parks and Open
Space (OS)
Parks and Open
Space (OS)
Whitewater River
Storm Channel
South:

Workplace
Employment District
(WEP)
Heavy Industrial (IH) Industrial/Commercial
East:

Workplace
Employment District
(WEP)
Heavy Industrial (IH) Industrial/Commercial
West:

Workplace
Employment District
(WEP)
Heavy Industrial (IH) White Water River
Storm Channel

Tentative Tract Map
Tentative Tract Map No. 38860 includes the subdivision of three parcels totaling 25.45 acres into 16 separate parcels.

Lot No. New Parcel Size Zoning Existing Use
Parcel 1 9.03 acres Heavy Industrial (IH) Industrial Building Parcel 2 1.34 acres Heavy Industrial (IH) Vacant Land
Parcel 3 1.16 acres Heavy Industrial (IH) Vacant Land
Parcel 4 0.77 acres Heavy Industrial (IH) Vacant Land
Parcel 5 0.73 acres Heavy Industrial (IH) Vacant Land
Parcel 6 0.87 acres Heavy Industrial (IH) Vacant Land
Parcel 7 0.48 acres Heavy Industrial (IH) Vacant Land
Parcel 8 1.00 acres Heavy Industrial (IH) Vacant Land
Parcel 9 1.00 acres Heavy Industrial (IH) Vacant Land
Parcel 10 1.09 acres Heavy Industrial (IH) Vacant Land
Parcel 11 0.73 acres Heavy Industrial (IH) Vacant Land
Parcel 12 0.56 acres Heavy Industrial (IH) Vacant Land
Parcel 13 0.55 acres Heavy Industrial (IH) Vacant Land
Parcel 14 1.00 acres Heavy Industrial (IH) Vacant Land
Parcel 15 1.00 acres Heavy Industrial (IH) Vacant Land
Parcel 16 1.00 acres Heavy Industrial (IH) Vacant Land

Findings
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 and Conclusion Section of this report addresses the consistency of the Tentative Tract Map’s proposed parcel division with the Subdivision Map Act.

Page 2 of 47 ends

Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 403 of 503 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 Tract Map:

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

The property is designated under the Workplace Employment District (WEP) and Parks and Open Space (OS) land use in the General Plan 2040. The WEP land use provides an area for a wide variety of employment-generating activity, including office, industrial and light manufacturing, research and development, and supportive commercial. The OS land use provides public and private space for recreational uses, including open space, and golf course greens. Consistent with and pursuant to Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the WEP and OS zone permits the subdivision of land.

The Project site has an IH and OS zoning designation under the Unified Development Code.

The IH zone provides for manufacturing, processing, assembly, wholesale and storage uses, trucking terminals, railroad facilities, public and quasi-public uses, and similar and compatible uses, subject to regulations needed to protect health and safety, adjoining properties, and the surrounding area. This zone implements the Workforce and Employment District General Plan land use designation. The OS zone is intended for public and private land for recreational uses. It provides areas for parks and open space, golf courses, trails, habitat management, passive recreation, amphitheaters, community centers, environmental education, and similar uses. This zone implements the Parks and Open Space General Plan land use designation.

The proposed TTM No. 38680 will subdivide three existing contiguous parcels (APN 610-030- 015, future All parcels. 16 into and 25.45 totaling 610-070-053) 610-070-052, acres development will be required to complete a formal planning review entitlement process for any future development within the boundaries of TTM No. 38680 to ensure that any proposed development is consistent with the City of Indio General Plan and the Unified Development Code.

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

The project is limited to the subdivision of three existing contiguous parcels (APN 610-030- 015, 610-070-052, and 610-070-053) totaling 25.45 acres into 16 parcels. At the time of the publication of this Staff Report, no development is proposed. All future development will be required to complete a formal planning review entitlement process within the boundaries of TTM No. 38680 to ensure that any proposed development is consistent with the City of Indio General Plan and the Unified Development Code.

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

Access to the property will be located via Business Center Road, Oleander Avenue, and Trader Place to serve the resultant parcels will be provided as a condition of approval for the future development of the parcel. 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:

The project has a land use designation of Workplace Employment District (WEP) and Parks and Open Space (OS) and a zoning designation of Heavy Industrial (IH) and OS. The WEP land use designation provides an area for a wide variety of employment-generating activity,

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 404 of 503 including office, industrial and light manufacturing, research and development, and supportive commercial. The OS land use provides public and private space for recreational uses, including open space, and golf course greens. The project site has a zoning designation of IH and OS under the Unified Development Code.

The IH zone provides for manufacturing, processing, assembly, wholesale and storage uses, trucking terminals, railroad facilities, public and quasi-public uses, and similar and compatible uses, subject to regulations needed to protect health and safety, adjoining properties, and the surrounding area. The OS zone is intended for public and private land for recreational uses. It provides areas for parks and open space, golf courses, trails, habitat management, passive recreation, amphitheaters, community centers, environmental education, and similar uses.

At the time of the publication of this Staff Report, no development is currently proposed on the resultant parcels. All future development will be required to complete a formal planning review entitlement process within the boundaries of TTM No. 38680 to ensure that any future development is consistent with the density of development permitted by the City of Indio General Plan and the Unified Development Code.

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 located in an industrial park and is surrounded by developed properties and disturbed vacant land. The project site has been previously graded and exhibits minimal vegetation. 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:

Tentative Tract Map No. 38680 proposes the subdivision of three existing contiguous parcels (APN 610-030-015, 610-070-052, and 610-070-053) totaling 25.45 acres into 16 parcels. As reviewed and conditioned by the City of Indio Public Works Department and Indio Water Authority, adequate sewer and water systems are currently available and will be accessible to the resultant parcels. As conditioned by the City of Indio Public Works Department and Indio Water Authority the parcels have the necessary infrastructure to adequately serve the sixteen resultant parcels and all future proposed uses as allowed by the City of Indio General Plan and the Unified Development Code.

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

As proposed, TTM No. 38680 will not conflict with any public easements acquired for access or use by the public at large within the proposed subdivision. The Fire Department and Public Works Department have reviewed and approved the access points. The subdivision of land will not conflict with easement for access through or use of property and as such, 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 Tract Map No. 38680 (Case No. 23-03-26). The proposed parcel

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 405 of 503 subdivision is consistent with the Indio General Plan and Unified Development Code. 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, 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 will not be detrimental to the public health, safety, or 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 February 29, 2024. A public hearing notice was mailed to property owners within a radius of 500 feet of the subject property on February 29, 2024, consistent with Section 6.03.08 of the City of Indio Unified Development Code.

Environmental Assessment:

Section 6.03.06 of the Unified Development Code states that all “projects” as defined by the California Environmental Quality Act (CEQA) shall be reviewed for compliance with or exemption from CEQA or its Guidelines. Environmental review was conducted pursuant to Title 14 of the California The Code, Development (Unified 284). (CEQA Regulations of Code Guidelines) Applicant’s environmental consultant, Dudek, completed an Initial Study with a Negative Declaration (IS/ND) in compliance with the California Environmental Quality Act (CEQA) to adequately analyze the Project’s potential impacts on the environment. The IS/ND determined that the project would have no impact on the environment since the project is only administrative and would not result in earthwork or ground-disturbing activities.

ATTACHMENTS:

Attachment 1 - Resolution No. 10429 - TTM 38680
Attachment 2 - TTM 38680 - Vicinity Map
Attachment 3 - TTM No. 38680
Attachment 4 - TTM-38680_CEQA_IS

APPROVAL(S):

Steven Graham, City Attorney Approved - 06 Mar 2024
Javier Estrada, Senior Accountant Approved - 11 Mar 2024 Bryan H. Montgomery, City Manager Approved - 11 Mar 2024

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 406 of 503 1 RESOLUTION NO. 10429
RESOLUTION NO. 10429 OF THE CITY COUNCIL OF THE CITY OF

INDIO CONDITIONALLY APPROVING TENTATIVE TRACT MAP
NO. 38680 (CASE NO. 23-03-26) TO SUBDIVIDE THREE EXISTING CONTIGUOUS PARCELS (APN 610-030-015, 610-070-052, AND 610-070-053) TOTALING 25.45 ACRES INTO 16 PARCELS
LOCATED SOUTH OF INTERSTATE 10 AND THE WHITEWATER

RIVER STORM CHANNEL, AND NORTH OF INDIO BOULEVARD
AND CERTIFYING THAT THE PROJECT’S FINAL INITIAL STUDY

WITH NEGATIVE DECLARATION IS IN COMPLIANCE WITH
SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
WHEREAS, on March 6, 2023, David I’Anson (the “Applicant”) submitted a Tentative Tract Map application and associated documentation for Tentative Tract Map No. 38680 (Case No. 23-03-26); and,
WHEREAS, the proposed Tentative Tract Map will subdivide three existing contiguous parcels totaling 25.45 acres in sixteen (16) parcels (“Project”); and, WHEREAS, the proposed Tentative Tract Map is located south of Interstate 10 and the Whitewater River Storm Channel, and north of Indio Boulevard (APN 610-030- 015, 610-070-052, and 610-070-053) in the City of Indio; and, WHEREAS, the proposed Tentative Tract Map is within the Workplace Employment District (WEP) and Parks and Open Space (OS) land use designations per the City of Indio General Plan 2040; and,
WHEREAS, the proposed Tentative Tract Map is zoned Light Industrial (IL) and Parks and Open Space (OS) under the Unified Development Code; and, WHEREAS, the Project is consistent with and intended to implement the vision of the Unified Development Code and the City of Indio General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design, and public right-of-way improvements; and,
WHEREAS, the Subdivision Map Act also requires that, prior to any map approval, the City must find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map, is consistent with the general plan and any applicable specific plan, and that the site is physically suitable for that type of development and the proposed density, and that the design of the subdivision is not likely to cause serious public health problems, conflict with easements, or cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat (Government Code Section 66473.5); and,

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 407 of 503 2 WHEREAS, the Tentative Tract Map is consistent with the General Plan 2040 and meets the Workplace Employment District (WEP) and Parks and Open Space (OS) land use designation requirements and is consistent with the requirements outlined in the IL and OS section of the General Plan and UDC; and, WHEREAS, the Tentative Tract Map 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; and,
WHEREAS, the proposed design of the subdivision improvements contemplated by the proposed parcel subdivision is not likely to be detrimental to public health, safety, or welfare as adequate sewer and water systems will be available to the sixteen resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed development and all proposed uses as allowed by the zoning ordinances that regulate the project site; and,
WHEREAS, in accordance with Government Code Section 65090, on February 29, 2024, City staff published a legal notice of public hearing in the Desert Sun, the newspaper of record, and mailed notices of public hearing on February 29, 2024, to all property owners within 500 feet of the boundaries of the proposed Project; and, WHEREAS, the Planning Commission unanimously voted (4-0) to recommend the conditional approval of Tentative Tract Map No. 38680 to the City Council at the February 28, 2024 Planning Commission meeting; and,
WHEREAS, following the conclusion of the public hearing and discussion, the City Council conditionally approved this Resolution for the Tentative Tract Map No. 38680 (Case File No. 23-03-26) the motion vote outcome specified in the meeting minutes for the March 20, 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. Section 6.03.06 of the Unified Development Code states that all “projects” as defined by the California Environmental Quality Act (CEQA) shall be reviewed for compliance with or exemption from CEQA or its Guidelines. Environmental review was conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines) (Unified Development Code, 284).

The Applicant’s environmental consultant, Dudek, completed an Initial Study with a

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 408 of 503 3 Negative Declaration (IS/ND) in compliance with the California Environmental Quality Act (CEQA) to adequately analyze the Project’s potential impacts on the environment.

The IS/ND determined that the project would have no impact on the environment since the project is only administrative and would not result in earthwork or ground-disturbing activities.

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 Indio Municipal Code Chapter 156 and 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:
a. Tentative Tract Map No. 38680 (Case File No. 23-03-26) complies with the Subdivision Map Act.
b. The proposed Tentative Tract Map is consistent with applicable general and specific plans in that the subdivision will be creating sixteen separate parcels that comply with the City of General Plan 2040 and Unified Development Code development standards.
c. The design or improvement of the proposed subdivision is consistent with applicable general plans and the Unified Development Code in that the proposed parcel subdivision will be in conformance with the General Plan land use designation of the WEP and OS land use designation, the IL and OS zoning designations, and with the policies and specific actions defined in the Unified Development Code and City of Indio General Plan 2040.
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 density of the developments permitted within the City of Indio General Plan 2040 WEP and OS land use and Unified Development Code IL and OS zoning designations.
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 resultant parcels are surrounded by developed parcels and disturbed vacant 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.

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 409 of 503 4 g. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that adequate sewer and water systems will be available to the sixteen resultant parcels. 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.

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

Section 4. Recommendation. Based on the foregoing, the City Council of the City of Indio CONDITIONALLY APPROVES Tentative Tract Map No. 38680 (Case No. 23-03-26) 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 Tract Map No. 38680 (Case File No. 23-03-26) 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

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 410 of 503 5 indemnify and hold harmless the Indemnified Parties from and against any and all liabilities, claims, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorney's fees and costs) arising from or in connection with the Project Approvals. This indemnification shall cover all claims, regardless of whether they arise from the negligence of the Indemnified Parties. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. The Applicant agrees to hold harmless the Indemnified Parties from any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Project Approvals. This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described in this paragraph, the City shall have the right, among other remedies, to revoke the Project Approvals without any liability to the Applicant. In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply and the Applicant shall cooperate fully with the City in the defense.

3. The Applicant shall ensure that development shall occur substantially as shown on the Tentative Tract Map No. 38680 (Case File No. 23-03-26).

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 Tract Map No. 38680 (Case File No. 23-03-26), submit to the Community Development Director written consent to all of the conditions of approval contained in the Resolution.

Tentative Tract Map No. 38680 (Case File No. 23-03-26) shall be void and of no force or effect unless such written consent is submitted to the City within the 30-calendar day period.

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 411 of 503 6 B. Prior to Final Map Approval
Prior to final map approval, the Applicant shall demonstrate full compliance with the following conditions of approval:

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

2. Tentative Parcel Map shall be submitted along with the following items:
a. Title Report

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

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

5. Applicant shall form a property owners association for the maintenance of:
a. All interior and exterior common areas including landscaping. b. Graffiti abatement for the interior and exterior or the preceding areas. c. Maintenance of all frontage landscaping along Trader Place and Oleander Avenue.

6. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be Submitted to the Public Works Engineering Division and Community Development Department for review and approval with maintenance provisions flagged.

7. The Covenants, Conditions, and Restrictions (CC&Rs) shall be recorded prior to recordation of the final map.

C. Prior to Issuance of a Grading Permit:

Prior to issuance of a grading permit, the Applicant shall demonstrate full compliance with the following conditions of approval:

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 412 of 503 7 1. Applicant shall comply with National Pollution Discharge Elimination System (NPDES) requirements per state regulations, contact information is as follows:

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

2. Applicant shall submit PM10 (Dust Control) implementation plans for City approval. 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. Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit.

4. Applicant shall submit for City approval the following items:
a. Precise grading plans – shall include the street address for each lot and building foot print.
b. Soils report
c. Hydrology Report

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

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

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

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 413 of 503 8 historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin shall be designed, per Standard Plan No. 130. with a maximum depth of 5 feet (with a one foot minimum freeboard) and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water.

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

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

Prior to Issuance of a Certificate of Occupancy:

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

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

11.Applicant shall comply with the provisions of the executed Memorandum of Understanding by and among the City of Indio, the Coachella Valley Association of Governments, and the Coachella Valley Mosquito and Vector Control District.

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

13. Applicant shall submit for City approval the following items:
a. Street improvement plans

14.Applicant shall construct full off-site street improvements on the following streets:
a. Trader Place, both sides street improvement along the property frontage. b. Oleander Avenue, both sides street improvements along the property frontage.

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 414 of 503 9 15.The improvements shall include construction of concrete sidewalk along the property frontage per City Standard Plan No. 132.

16.Applicant shall remove and replace any damaged or broken concrete curb and gutter, and asphalt concrete pavement on Trader Place and Oleander Avenue along the project’s property frontage.

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

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

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

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

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

PASSED, APPROVED, and ADOPTED this 20th day of March 2024 __________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
________________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 415 of 503 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Notes
REPORT PRINTED ON... 2/21/2024 11:16:23 AM
Vicinity Map
TTM 38680
0 18894 Feet
County Boundary
City Boundaries
Parcel APNs
Parcels, Public
County Centerlines
Blueline Streams
City Areas

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra...Page 416 of 503

TRADER PLACE

OLEANDER AVENUE

INDUSTRIAL PLACE
P.M.B. 196 / 87P.M.B. 2 / 19P.M.B. 2 / 19
P.M.B. 207 / 49
P.M.B. 8 / 7
P.M.B. 17 / 18

WHEEL ROAD

COACHELLA VALLEY STORMWATER CHANNEL

RAILROAD RIGHT-OF-WAYINDIO BOULEVARD
BASIS OF BEARINGS:

W.O.

SHEET No.SEAL
SCALE:DATE:

Engineering, Planning,Environmental Sciences andDUDEKManagement Services78075 Main St. Ste. 203GLa Quinta, CA. 92253Tel. 760.341-6660CITY OF INDIO, STATE OF CALIFORNIATENTATIVE TRACT MAP NO. 38680 OF SHTS.PREPARED UNDER THE SUPERVISION OF:
12/31/23ARMANDO M. MAGANA 8232EXP. DATE:L.S. No. Coachella Valley Mosquito and Vector Control DistrictDATEBYMARKDATEENGINEERDRAWN BY:REVISIONSDESIGNED BY:DATEAPPR.CHECKED BY:CITY FOR:

FAX(760) 342 - 6556TELEPHONE(760) 342 - 6530
100 CIVIC CENTER MALLINDIO, CA 92201www.indio.org

TSATEFORNIAOFCALI
ARMANDO M.MAGANANo. 8232L YEVRUSDNALDESNECI RO

PROJECT INFORMATION

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra...Page 417 of 503 CEQA Initial Study
Tentative Tract Map 38680
MAY 2023
Prepared for:

CITY OF INDIO
100 Civic Center Mall
Indio, CA 92201

Prepared by:

2280 Historic Decatur Road
San Diego, California 92106
Contact: Alex Hardy

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 418 of 503

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 419 of 503

14958 3
MAY 2023
3 Initial Study Checklist

1. Project title:

Tentative Tract Map 38680

2. Lead agency name and address:

City of Indio Development Services Dept.
100 Civic Center Mall
Indio, CA 92201

3. Contact person and phone number:

TBD

4. Project location:

Existing parcels APN 610-030-015, 610-070-052, and 610-070-053, located in the central portion of Indio, south of Interstate 10 and the Whitewater River Storm Channel, and north of Indio Bo ulevard and the railroad right-of-way owned by Union Pacific.

5. Project sponsor’s name and address:

Coachella Valley Mosquito and Vector Control District
Attn: David I’Anson
43420 Trader Place
Indio, CA 92201

6. General plan designation:

Workplace and Employment District

7. Zoning:

IH (Heavy Industrial)

8. Description of project. (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary):

The discretionary action is approval of a tentative tract map that would subdivide 3 existing contiguous parcels totaling 25.45 acres into 16 lots. The existing parcels (APN 610-030-015, 610-070-052, and 610- 070-053) are owned by the Coachella Valley Mosquito and Vector Control District (District). One of the existing parcels is the site of the District headquarters at 43420 Trader Place. The other properties, which abut Trader Place and Oleander Avenue, are undeveloped but feature evidence of prior grading and utility installation.

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 420 of 503 TENTATIVE TRACT MAP 38680 CEQA INITIAL STUDY
14958 4
MAY 2023
The District is proposing to subdivide their property to market 15 of the lots for potential sale, but is not proposing any building construction or site improvements. The resulting lots w ould include one 9-acre lot featuring the existing District headquarters, with the remaining 15 lots ranging in size from 0.55 acre to

1.34 acres.

9. Surrounding land uses and setting: Briefly describe the project’s surroundings:

The site is 25.45 acres of flat, mostly undeveloped land. The western portion of the site features the existing District headquarters complex; the remaining areas are undeveloped but feature streetlights, electrical transformers, and evidence of underground utility infrastructure. The southern levee of the Coachella Valley Stormwater Channel abuts the site to the north. Interstate 10 runs east to west on the north side of the channel. Various industrial businesses are located immediately east, including warehouse and workshop facilities, an auto parts store, and a public storage business.

10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):

None

11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural reso urces, procedures regarding confidentiality, etc.?
N/A
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” as indicated by the checklist on the following pages.

Aesthetics Agriculture and
Forestry Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas
Emissions
Hazards and Hazardous
Materials
Hydrology and Water Quality Land Use and
Planning
Mineral Resources
Noise Population and
Housing
Public Services
Recreation Transportation Tribal Cultural Resources Utilities and Service Systems Wildfire Mandatory Findings of Significance

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Determination (To be completed by the Lead Agency)
On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) ha ve been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature

Date

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Evaluation of Environmental Impacts
A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenc ed information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project -specific screening analysis).

All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries whe n the determination is made, an Environmental Impact Report (EIR) is required. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Signifi cant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level.

Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are “Less Than Significant With Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a prev iously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.

The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance

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3.1 Aesthetics

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
I. AESTHETICS – Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a
scenic vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?

c) In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other regulations
governing scenic quality?

d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?

a) Would the project have a substantial adverse effect on a scenic vista? No impact. The project site is not prominently visible from any scenic vistas. project does not propose any physical changes to the site. Therefore, there is no impact. b) Would the project substantially damage scenic resources , including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No impact. The project is not visible from any state scenic highways. Therefore, there is no impact. c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
No impact. Per California Public Resources Code (PRC) Section 21071, an “urbanized area” is defined as “(a) An incorporated city that meets either of the following criteria: (1) Has a population of at least 100,000 persons. [or] (2) Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.” The project site is located in Indio, which has an approximate population the central part of the City of Bellflower, which has a population of 90,000 persons as of the 2021 census (U.S. Census Bureau 2021). When combined

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with the populations of neighboring cities (e.g., La Quinta and Palm Desert), the population would far exceed 100,000, so the site would be considered an urbanized area for purposes of responding to this impact prompt. The project does not propose any physical changes to the sites. Therefore, there is no impact. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
No impact. The project does not propose any physical changes to the site. Therefore, there is no impact.

3.2 Agriculture and Forestry Resources

Potentially
Significant
Impact
Less Than
Significant
Impa ct With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
II. AGRICULTURE AND FORESTRY RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?

b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)),
timberland (as defined by Public Resources
Code Section 4526), or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?

d) Result in the loss of forest land or
conversion of forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?

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a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. c) Would the project confli ct with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non -agricultural use or conversion of forest land to non -forest use?
No impact. The project does not propose any physical changes to the site. Therefore, there is no impact.

3.3 Air Quality

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitiga tion
Incorporated
Less Than
Significant
Impact No Impact
III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard?

c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?

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a) Would the project conflict with or obstruct implementation of the applicable air quality plan? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. c) Would the project expose sensitive receptors to substantial pollutant concentrations? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
No impact. The project does not propose any physical changes to the site. Therefore, there is no impact.

3.4 Biological Resources

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
IV. BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations, or
by the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?

b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?

c) Have a substantial adverse effect on state
or federally protected wetlands (including,
but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?

d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors,
or impede the use of native wildlife
nursery sites?

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Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
e) Conflict with any local policies or ordinances
protecting biological resources, such as a
tree preservation policy or ordinance?

f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?

a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No impact. The site does not support habitat for sensitive species. The project does not propose any physical changes to the site. Therefore, there is no impact. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
No impact. The site does not support riparian habitat or other sensitive native habitat. The project does not propose any physical changes to the site. Therefore, there is no impact. c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No impact. The site does not feature wetlands or waters features. Therefore, there is no impact. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No impact. The site does not support habitat for migratory species. The project does not propose any physical changes to the site. Therefore, there is no impact. e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No impact. The project does not propose any physical changes to the site that would conflict with local policies or ordinances. Therefore, there is no impact.

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f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No impact. The project site is within the boundaries of the Multiple Species Habitat Conservation Plan’s plan area, but is not within a designated conservation area. The project does not propose any physical changes to the site that would be subject to compliance with the plan. Therefore, there is no impact.

3.5 Cultural Resources

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource
pursuant to Section 15064.5?

b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to Section 15064.5?

c) Disturb any human remains, including those
interred outside of formal cemeteries?

a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
No impact. The project site is not within an area identified for existing historic resources or historic districts, as shown in Indio General Plan Figure 4.5-2. The project does not propose any physical changes to the site.

Therefore, there is no impact.
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
No impact. The project site is within an area of moderate sensitivity for prehistoric/ethnohistoric cultural resources sensitivity, as shown in Indio General Plan Figure 4.5 -1. The project does not propose any physical changes to the site. Therefore, there is no impact. c) Would the project disturb any human remains, including those interred outside of formal cemeteries? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact.

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3.6 Energy

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
VI. Energy – Would the project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation?

b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?

a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? No impact. The project does not propose any construction activity or physical changes to th e site that would result in energy consumption. Therefore, there is no impact. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No impact. The project does not propose any construction activit y or physical changes to the site that would result in energy consumption. Therefore, there is no impact.

3.7 Geology and Soils

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
VII. GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:

i) Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for
the area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.

ii) Strong seismic ground shaking?

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Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss
of topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?

d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or
indirect risks to life or property?

e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?

f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?

a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction? iv) Landslides?
No impact. The project does not propose construction of any habitable facilities or other uses that would be subject to hazardous geological conditions. Therefore, there is no impact. b) Would the project result in substantial soil erosion or the loss of topsoil? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact.

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c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. d) Would the project be located on expansive soil, as defined in Table 18 -1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No impact. The project does not propose any septic tanks or alternative wastewater disposal systems .

Therefore, there is no impact.
f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
No impact. The project does not propose any physical changes to the site. Therefore, there is no impact.

3.8 Greenhouse Gas Emissions

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
VIII. GREENHOUSE GAS EMISSIONS – Would the project:
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?

a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
No impact. The project does not propose any physical changes to the site and would not emit generate greenhouses. Therefore, there is no impact.

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b) Would the project generate conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
No impact. The project does not propose any physical changes to the site and would not emit generate greenhouses. Therefore, there is no impact.

3.9 Hazards and Hazardous Materials

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
IX. HAZARDS AND HAZARDOUS MATERIALS – Would the project:
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 one-quarter
mile of an existing or proposed school?

d) Be located on a site that is included on a list
of hazardous materials 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 or excessive noise
for people residing or working in the project
area?

f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?

g) Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires?

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a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
No impact. The project does not propose any physical changes to the site or activities that would use or transport hazardous materials. Therefore, there is no impact. b) Would the project create a significant hazard to the public or the environment through reasonabl y foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
No impact. The project does not propose any physical changes to the site or activities that would use or transport hazardous materials. Therefore, there is no impact. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No impact. There are no schools within one -quarter mile of the project site, and the project does not propose any physical changes or activities that would emit hazardous materials. Therefore, there is no impact.
d) Would the project be located on a site that is included on a list of hazardous materials 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?
No impact. The project site is not included on a list of hazardous materials sites. Therefore, there is no impact.
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 or excessive noise for people residing or working in the project area? No impact. The project site is approximately, 1.5 miles southeast of the Bermuda Dunes Airport. The site is mostly within Airport Compatibility Zone C, with the remainder in Airport Compatibility Zone E. The project does not propose any development or other physical changes that would be subject to airport compatibility.

Future development that may occur on the site will be responsible for obtaining County approvals and demonstrating compliance with the County Airport Compatibility re quirements. Therefore, there is no impact.
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No impact. The project does not propose any physical changes to the site that would affect emergency response. Therefore, there is no impact.

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g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
No impact. The project does not propose any physical changes to the site that may be affected by wildfire.

Therefore, there is no impact.

3.10 Hydrology and Water Quality

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
X. HYDROLOGY AND WATER QUALITY – Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground
water quality?

b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the project
may impede sustainable groundwater
management of the basin?

c) Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river or through the addition of impervious
surfaces, in a manner which would:

i) result in substantial erosion or siltation
on- or off-site;
ii) substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on-
or offsite;

iii) 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; or

iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?

e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?

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a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
No impact. The project does not propose any physical changes to the site that would be subject to water quality standards or requirements. Therefore, there is no impact. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No impact. The project does not propose any physical changes to the site tha t would affect groundwater recharge. Therefore, there is no impact.
c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or off-site? ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite?
iii) Create or contribut e runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? iv) Impede or redirect flood flows?
No impact. The project does not propose any physical changes to the site that would affect drainage.

Therefore, there is no impact.
d) In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation?
No impact. General Plan General Plan Figure 10 -2 shows a FEMA 100 -year floodplain north of the site, associated with the Coachella Valley Stormwater Channel. The site is not within this flood hazard area. The project does not propose any physical changes to the site that would affect drainage or flood risk. Therefore, there is no impact.
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No impact. The project does not propose any physical changes to the site that would affect implementation of a water quality control plan or groundwater management plan. Therefore, there is no impact.

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3.11 Land Use and Planning

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XI. LAND USE AND PLANNING – Would the project:
a) Physically divide an established
community?
b) Cause a significant environmental
impact due to a conflict with any land use
plan, policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?

a) Would the project physically divide an established community? No impact. The project does not propose any physical changes to the site. Therefore, there is no impact. b) Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No impact. The Indio General Plan assumes development of industrial uses on the site. The project does not propose any physical changes to the site. Future development proposals would be subject to conformance with the Indio General Plan. Therefore, there is no impact.

3.12 Mineral Resources

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XII. MINERAL RESOURCES – Would the project:
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?

b) 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?

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a) Would the project 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?
and
b) Would the project 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? No impact. The project site is identified within MRZ -1 in Indio General Plan 4.11 -1. The project does not propose any physical changes to the site. Therefore, there is no impact.

3.13 Noise

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XIII. NOISE – Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels
in the vicinity of the project in excess of
standards established in the local general
plan or noise ordinance, or applicable
standards of other agencies?

b) Generation of excessive groundborne
vibration or groundborne noise levels?
c) For a project located within the vicinity of a
private airstrip or an airport land use plan
or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project
expose people residing or working in the
project area to excessive noise levels?

a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
and
b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels? No impact. The project does not propose any physical changes to the site that would generate noise or vibration. Therefore, there is no impact.

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c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact. The project site is approximately, 1.5 miles southeast of the Bermuda Dunes Airport. The western portion of the site is within the airport’s modeled 55 CNEL noise contour. The project does not propose any development or other physical changes that would subject people to airport noise. Therefore, there is no impact.

3.14 Population and Housing

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XIV. POPULATION AND HOUSING – Would the project:
a) Induce substantial unplanned 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 people or housing, necessitating
the construction of replacement
housing elsewhere?

a) Would the project induce substantial unplanned 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)?
and
b) Would the project di splace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No impact. The project does not propose any development or other physical changes that would induce growth or affect planned growth in the region, nor would it remove existing housing. Therefore, there is no impact.

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3.15 Public Services

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XV. PUBLIC SERVICES – Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?

a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for public fire protection, police protection, schools, parks, or other public facilities?
No impact. The project does not propose development or other physical changes to the site that would create demand for or otherwise affect existing public services. Therefore, there is no impact.

3.16 Recreation

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XVI. RECREATION
a) Would the project 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?

b) Does the project 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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a) Would the project 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? No impact. The project does not propose development or other physical changes to the site that would create demand for or otherwise affect existing public parks. Therefore, there is no impact. b) Does the project include recreational facilitie s or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No impact. The project does not propose recreational facilities. Therefore, there is no impact.

3.17 Transportation

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XVII. TRANSPORTATION – Would the project:
a) Conflict with a program, plan, ordinance, or
policy addressing the circulation system,
including transit, roadway, bicycle, and
pedestrian facilities?

b) Conflict or be inconsistent with CEQA
Guidelines Section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?

d) Result in inadequate emergency access?

a) Would the project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? and
b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? No impact. The project does not propose development or other physical changes that would generate traffic or demand on transportation systems. Therefore, there is no impact. c) Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No impact. The project does not propose physical changes to the project site. Therefore, there is no impact.

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d) Would the project result in inadequate emergency access? No impact. The project does not propose development that would generate demand for emergency access, and would not entail physical changes that could affect existing emergency access. Therefore, there is no impact.

3.18 Tribal Cultural Resources

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XVIII. TRIBAL CULTURAL RESOURCES
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California
Register of Historical Resources, or in a
local register of historical resources as
defined in Public Resources Code Section
5020.1(k), or

b) A resource determined by the lead agency,
in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in subdivision
(c) of Public Resources Code Section
5024.1? In applying the criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1, the lead agency shall
consider the significance of the resource to
a California Native American tribe.

Would the project cause a substantial adverse change in the significance of a tr ibal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)? and

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b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1 ? In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

No impact. The project site is within an area of moderate sensitivity for prehistoric/ethnohistoric cultural resources sensitivity, as shown in Indio General Plan Figure 4.5 -1. The project does not propose any physical changes to the site. Therefore, there is no impact. Future development of the site that is subject to CEQA compliance would be required to conduct tribal outreach and consultation pursuant to Assembly Bill 52.

3.19 Utilities and Service Systems

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XIX. UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
waste water treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?

b) Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry, and multiple dry years?

c) Result in a determination by the waste
water treatment provider which serves or
may serve the project that it has adequate
capacity to serve the project’s projected
demand in addition to the provider’s
existing commitments?

d) Generate solid waste in excess of state or
local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?

e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?

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a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No impact. The project does not propose development or other physical changes to th e site that would create demand for utility systems or require relocation of existing utility systems. Therefore, there is no impact.
b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? No impact. The project does not propose development or other physical changes to the site that would create demand for water. Therefore, there is no impact. c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
No impact. The project does not propose devel opment or other physical changes to the site that would generate wastewater. Therefore, there is no impact.
d) Would the project generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? and
e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
No impact. The project does not propose development or other physical changes to the site that would generate solid waste. Therefore, there is no impact.

3.20 Wildfire

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation
plan?

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Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
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 to the
environment?

d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?

a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
No impact. The project does not propose development that would generate demand for emergency access, and would not entail physical changes that could affect existing emergency access. Therefore, there is no impact.
b) Due to slope, prevailing winds, and other factors, would the project exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
and
c) Would the project 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 to the environment? No impact. The project does not propose physical changes to the project site that would affect wildlife risk.

Therefore, there is no impact.
d) Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? No impact. The project site is flat and does not propose physical changes to the project site that would create risk for offsite runoff or flooding. Therefore, there is no impact.

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3.21 Mandatory Findings of Significance

Potentially
Significant
Impact
Less Than
Significant
Impact With
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
XXI. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a
plant or animal community, substantially
reduce the number or restrict the range of a
rare or endangered plant or animal, or
eliminate important examples of the major
periods of California history or prehistory?

b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects.)

c) Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?

a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal , or eliminate important examples of the major periods of California history or prehistory?
No Impact. These topics are covered in prior sections of this initial study, including Section 3.4, Biological Resources, Section 3.5, Cultural Resources, and Section 3.18, Tribal Cultural Resources . Those sections concluded the project would have no impact because it does not propose any physical alteration of the project site. Therefore, there would be no impact.

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b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
No Impact. Prior sections of this initial study concluded the project would have no impact because it does not propose any physical alteration of the project site. Therefore, there would be no potential to contribute to cumulative impacts.
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
No Impact. These topics are covered in prior sections of this initial study, including including impacts related to air quality (Section 3.3), hazards and hazardous materials (Section 3.9), and noise (Section 3.13).

Prior sections of this initial study concluded the project would have no impact affecting human health and wellbeing because it does not propose any physical alteration of the project site.

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Resolution No. 10429 , Request for Conditional Approval of Tentative Tra... Page 448 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10430, Request for Conditional Approval of Tentative Parcel Map No. 38791 to subdivide a 2.0151-acre parcel of land into two separate parcels of land located at 50825 Los Palos Road (Assessor’s Parcel Number 779-100-030) and determining that the proposed Project is Categorically Exempt Section to pursuant 15061(b)(3) environmental from review (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines

RECOMMENDATION:

Approve Resolution No. 10430 conditionally approving Tentative Parel Map No. 38791 (Case File No. 23-08-70)

SUMMARY:

The applicant, Scott Ayres, is proposing to subdivide a 2.0151-acre parcel into two parcels. Parcel 1 and Parcel 2 will each be approximately 1 acre in size. The project site is located on the southwest of Los Palos Road and Zenda Drive at 50825 Los Palos Road. No new development is proposed as part of the Project. The Tentative Parcel Map is for financial purposes only.

BACKGROUND INFORMATION:

On August 4, 2023, the applicant submitted a Tentative Parcel Map application to subdivide a

2.0151-acre parcel into two parcels on the southwest side of Los Palos Road and Zenda Drive.

Project Site and Surrounding Land Uses
The General Plan Land Use designations, Zoning Designations, and Existing Uses are identified in the table below:

GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USE
General Plan 2040 Zoning Existing Use
Site: Desert Estates (DE) Desert Estates – 1
(DE-1) Vacant Land
North: Desert Estates (DE) Desert Estates – 1
(DE-1) Vacant Land
South:

Suburban
Neighborhood High
(SN-H)
Estates Polo Project
Master Plan (PMP) Single-Family Homes
AGENDA ITEM #10.2
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GENERAL PLAN, ZONING, AND SURROUNDING EXISTING USE
East: Desert Estates (DE) Desert Estates – 1
(DE-1) Single-Family Home
West: Desert Estates
Transition (DET)
Desert Estates
Transition – 3 (DET-3) Vacant Land

Tentative Parcel Map
Tentative Parcel Map No. 38791 includes the subdivision of an existing 2.0151-acre parcel into two (2) parcels.

Lot No. New Parcel Size Zoning Existing Use
Parcel 1 1.08 acres DE-1 Vacant Land
Parcel 2 1.08 acres DE-1 Vacant Land

Findings
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 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 specific plans:

The property is designated under the Desert Estates (DE) land use in the General Plan 2040.

The DE land use provides conserves natural features while providing the lowest intensity residential neighborhood development. Consistent with and pursuant to Chapter 3 (Land Use and Urban Design) of the Indio General Plan 2040, the DE zone permits the development of single-family residential, agriculture, parks and recreation. The Project site has a zoning designation of Desert Estates – 1 (DE-1) under the Unified Development Code. The DE-1 zone applies to semi-rural areas of the city and is intended to conserve natural features while providing low-intensity residential neighborhood development for single-family, detached homes at a density of up to one dwelling unit per acre.

The proposed TPM No. 38791 will subdivide the 2.0151-acre parcel site into two (2) individual parcels. All future development will be required to complete a formal planning review entitlement process for any future development within the boundaries of TPM No. 38791 to ensure that any proposed development is consistent with the City of Indio General Plan and the Unified Development Code.

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

The project is limited to the subdivision of a 2.0151-acre parcel into two (2) parcels. At the time All of the publication of this Staff Report, no development is proposed. future development will be required to complete a formal planning review entitlement process within

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

Access to the property will be located via Los Palos Road and Zenda Drive. Infrastructure to serve the proposed Parcel A will be provided as a condition of approval for the future development of the parcel. Proposed Parcel B is in the process of constructing infrastructure to service the future home. 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:

The project has a land use designation of DE and a zoning designation of DE-1. The DE land use designation permits the construction of single-family residential, agriculture, parks and recreation. The Project site has a zoning designation of Desert Estates – 1 (DE-1) under the Unified Development Code. The DE-1 zone applies to semi-rural areas of the city and is intended to conserve natural features while providing low-intensity residential neighborhood development for single-family, detached homes at a density of up to one dwelling unit per acre.

Proposed Parcel B has a single-family home that is currently under construction and is physically suitable for the existing development. At the time of the publication of this Staff Report, no development is currently proposed on proposed Parcel A. All future development will the within process entitlement planning review a complete to required be formal boundaries of TPM No. 38791 to ensure that any future development is consistent with the density General Unified the and Plan Indio of City the by permitted development of Development Code.

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 located next to existing single-family homes and is surrounded by developed properties and disturbed vacant land. The project site has been previously graded and exhibits minimal vegetation. 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:

Tentative Parcel Map No. 38791 proposes the subdivision of a 2.0151-acre parcel into two parcels. As reviewed and conditioned by the City of Indio Public Works Department and Indio Water Authority, adequate sewer and water systems are currently available and will be accessible to the two resultant parcels. As conditioned by the City of Indio Public Works Department, Indio Water Authority, and Imperial Irrigation District, the parcels have the necessary infrastructure to adequately serve the two resultant parcels and all future proposed uses as allowed by the City of Indio General Plan and the Unified Development Code.

As proposed, TPM No. 38791 will not conflict with any public easements acquired for access or use by the public at large within the proposed subdivision. The Fire Department and Public Works

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 451 of 503 Department have reviewed and approved the access points. The subdivision of land will not conflict with easement for access through or use of property and as such, 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. 38741 (Case No. 23-05-46). The proposed parcel subdivision is consistent with the Indio General Plan and Unified Development Code. 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, 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 will not be detrimental to the public health, safety, or welfare, and the conditions prevent material injury to properties or improvements in the vicinity.

Public Hearing Notice:

Environmental Assessment:

The City of Indio, as Lead Agency, has reviewed the Project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a Project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a Project is exempt from CEQA. It can be seen with certainty that implementing the Project would not cause a significant adverse effect on the environment because the Project is limited to the subdivision of a 2.0151-acre parcel into two (2) parcels. No development is proposed. As such, the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption. Further, there is no substantial evidence indicating that any of the exceptions set forth in CEQA Guidelines Section 15300.2 – Exceptions apply to the Project.

ATTACHMENTS:

Attachment 1 - Resolution No. 10430 - TPM 38791
Attachment 2 - TPM 38791 - Vicinity Map
Attachment 3 - TPM 38791
Attachment 4 - CEQA Exemption Justification_Lycurgus Parcel Subdivision

APPROVAL(S):

Steven Graham, City Attorney Approved - 06 Mar 2024
Javier Estrada, Senior Accountant Approved - 11 Mar 2024 Bryan H. Montgomery, City Manager Approved - 11 Mar 2024

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 452 of 503 1 RESOLUTION NO. 10430
RESOLUTION NO. 10430 OF THE CITY COUNCIL OF THE CITY OF

INDIO, CALIFORNIA CONDITIONALLY APPROVING TENTATIVE PARCEL MAP NO. 38791 (CASE NO. 23-08-70) TO SUBDIVIDE A

2.0151-ACRE PARCEL OF LAND INTO TWO (2) SEPARATE
PARCELS OF LAND LOCATED AT 50825 LOS PALOS ROAD
(ASSESSOR'S PARCEL NUMBER 779-100-030), AND

DETERMINING THAT THE PROPOSED PROJECT IS

CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO SECTION 15061(B)(3) (COMMON SENSE

EXEMPTION) OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) GUIDELINES.

WHEREAS, on August 4, 2023, Scott Ayres (the “Applicant”) submitted a Tentative Parcel Map application and associated documentation for Tentative Parcel Map No. 38791 (Case No. 23-08-70); and,
WHEREAS, the proposed Tentative Parcel Map will subdivide a 2.0151-acre parcel into two (2) parcels (“Project”); and,
WHEREAS, the proposed Tentative Parcel Map is located on the southwest of Los Palos Road and Zendra Drive at 50825 Los Palos Road (Assessor's Parcel Number 779-100-030) in the City of Indio; and,
WHEREAS, the proposed Tentative Parcel Map is within the Desert Estates land use designation per the City of Indio General Plan 2040; and WHEREAS, the proposed Tentative Parcel Map is zoned Desert Estates – 1 (DE-1) under the Unified Development Code; and,
WHEREAS, the Project is consistent with and intended to implement the vision of the Unified Development Code and the City of Indio General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design, and public right-of-way improvements; and,
WHEREAS, the Subdivision Map Act also requires that, prior to any map approval, the City must find that the proposed subdivision, together with the provisions for its design and improvement of any tentative map or a parcel map, is consistent with the general plan and any applicable specific plan, and that the site is physically suitable for that type of development and the proposed density, and that the design of the subdivision is not likely to cause serious public health problems, conflict with easements, or cause substantial environmental damage or substantially and avoidably injure fish, wildlife, or their habitat (Government Code Section 66473.5); and,

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 453 of 503 2 WHEREAS, the Tentative Parcel Map is consistent with the General Plan 2040 and meets the Desert Estates (DE) land use designation requirements and is consistent with the requirements outlined in the Desert Estates (DE-1); and, WHEREAS, the Tentative Parcel Map 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; and,
WHEREAS, the proposed design of the subdivision improvements contemplated by the proposed parcel subdivision is not likely to be detrimental to public health, safety, or welfare as adequate sewer and water systems will be available to the two resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed development and all proposed uses as allowed by the zoning ordinances that regulate the Project Site; and,
WHEREAS, in accordance with Government Code Section 65090, on February 29, 2024, City staff published a legal notice of public hearing in the Desert Sun, the newspaper of record, and mailed notices of public hearing on February 29, 2024, to all property owners within 500 feet of the boundaries of the proposed Project; and, WHEREAS, the Planning Commission unanimously voted (4-0) to recommend the conditional approval of Tentative Parcel Map No. 38791 to the City Council at the February 28, 2024 Planning Commission meeting; and,
WHEREAS, following the conclusion of the public hearing and discussion, the City Council conditionally approved this Resolution for the Tentative Parcel Map No. 38791 (Case File No. 23-08-70) the motion vote outcome specified in the meeting minutes for the March 20, 2024, City Council meeting.

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

Section 2. Environmental Evaluation. Indio Municipal Code sections 156.021-156.022 provide that the City Council is responsible for the environmental review of parcel maps. As such, the City Council has independently reviewed the Notice of Exemption and the administrative record for the proposed Tentative Parcel Map, including all oral and written comments received during the public hearing, the staff report, and all attachments thereto, which are all incorporated herein by reference and are on file with the Community Development Department for the City of Indio, and the

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 454 of 503 3 City Council finds that the City of Indio, as Lead Agency, has reviewed the proposed project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a project subject to CEQA; and 2) CEQA Guidelines Section 15601 – Review for Exemption, procedures for determining if a project is exempt from CEQA. It can be seen with certainty that implementing the Project would not cause a significant adverse effect on the environment because the Project is limited to the subdivision of a 2.0151-acre parcel into two (2) parcels. No development is proposed. As such, the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15061(B)(3) – Common Sense Exemption. Further, there is no substantial evidence indicating that any of the exemptions set forth in CEQA Guidelines Section 15300.2 apply to the Proposed Project.

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 Indio Municipal Code Chapter 156 and 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:
a. Tentative Parcel Map No. 38791 (Case File No. 23-08-70) complies with the Subdivision Map Act.
b. The proposed Tentative Parcel Map is consistent with applicable general and specific plans in that the subdivision will be creating two separate parcels that comply with the City of General Plan 2040 and Unified Development Code development standards.
c. The design or improvement of the proposed subdivision is consistent with applicable general plans and the Unified Development Code in that the proposed parcel subdivision will be in conformance with the General Plan land use designation of the DE land use designation, the DE-1 zoning designations, and with the policies and specific actions defined in the Unified Development Code and City of Indio General Plan 2040.
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 density of the developments permitted within the City of Indio General Plan 2040 DE land use and Unified Development Code DE-1 zoning designations.
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 one of the resultant parcels (Parcel B) has

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 455 of 503 4 an existing single-family home under construction. The second resultant parcel from the subdivision (Parcel A) is surrounded by developed parcels and disturbed vacant 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 adequate sewer and water systems will be available to the two resultant parcels. 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.

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

Section 4. Recommendation. Based on the foregoing, the City Council of the City of Indio CONDITIONALLY APPROVES Tentative Parcel Map No. 38791 (Case No. 23-08-70) 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. 38791 (Case File No. 23-08-70) 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.

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 456 of 503 5 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, 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. 38791 (Case File No. 23-08-70).

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.

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 457 of 503 6 5. The Applicant shall, within thirty (30) calendar days after the City Council adopts the Resolution approving Tentative Parcel Map No. 38791 (Case File No. 23-08-70), submit to the Community Development Director written consent to all of the conditions of approval contained in the Resolution.

Tentative Parcel Map No. 38791 (Case File No. 23-08-70) shall be void and of no force or effect unless such written consent is submitted to the City within the 30-calendar day period.

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

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

2. Tentative Parcel Map shall be submitted along with the following items:
a. Title Report

PASSED, APPROVED, and ADOPTED this 20th day of March 2024 __________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
________________________________

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 458 of 503 7 SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 459 of 503 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Notes
REPORT PRINTED ON... 2/21/2024 11:16:23 AM
Vicinity Map
TPM 38791
0 18894 Feet
County Boundary
City Boundaries
Parcel APNs
Parcels, Public
County Centerlines
Blueline Streams
City Areas

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par...Page 460 of 503

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par...Page 461 of 503

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
3210 El Camino Real, Suite 100, Irvine, California 92602 949.553.0666 www.lsa.net

MEMORANDUM
DATE: October 2, 2023
TO: Audrey Nickerson
Senior Planner, City of Indio
FROM: Amanda Johnson
Senior Environmental Planner, LSA Associates, Inc.

SUBJECT: CEQA 15061(b)(3) Exemption Justification for the Lycurgus Investments II, LLC Proposed Parcel Subdivision Project Located at 50825 Los Palos Road, Indio (APN:
779-100-030)
Dear Ms. Nickerson,
Lycurgus Investments II, LLC (Lycurgus) proposes to subdivide existing Parcel 1 (APN 779-100-030) in Parcel Map No. 38241 into two parcels of approximately 1 acre each. The property lies southwest of Los Palos Road and Zenda Drive at 50825 Los Palos Road in Indio. See attached Tentative Parcel Map No. 38791 (Feiro Engineering, Inc., July 2023) for details of the proposed parcel subdivision.

A California Environmental Quality Act (CEQA) Article 19, Section 15315 Class 15 exemption would typically be the appropriate exemption for a minor parcel subdivision project of this nature, since the project consists of the subdivision of the parcel only and does not include development of the parcel or construction of a new structure or conversion of an existing structure. Article 19, Section 15315 for a Class 15 exemption reads as follows:

CEQA Article 19, Section 15315. MINOR LAND DIVISIONS Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. Note: Authority cited:

Sections Section 21083, Public Resources Code; Reference: Section 21084, Public Resources Code.

However, the project parcel was involved in a minor subdivision (one parcel was split into two parcels) by the previous owner in April 2022, which is less than 2 years ago. Therefore, CEQA Article 5, Section 15061(b)(3) Common Sense Exemption is the appropriate exemption for this project.

CEQA Article 5, Section 15061(b)(3) Common Sense Exemption reads as follows:

CEQA Article 5, Section 15061(b)(3): A project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects which

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par... Page 462 of 503

10/2/23 «P:\20231164_Lycurgus\Deliverable\CEQA Exemption Justification_Lycurgus Parcel Subdivision.docx» 2 have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Section 15061(b)(3) applies to this project because, although the project parcel was part of a previous minor division less than 2 years ago, there is no possibility for the current proposed parcel subdivision to have a significant effect on the environment. As previously mentioned, the proposed project only involves the subdivision of the parcel. The proposed parcel subdivision would be in conformance with the City’s General Plan and zoning. The proposed project area is zoned as DE-1 Desert Estates. No variances or exceptions are required for the proposed parcel subdivision. All public services and utilities would remain available to the proposed project per local standards.

Access to the proposed parcels would also remain available per local standards. The parcel does not have an average slope greater than 20 percent and it is not located on a listed hazardous waste site.

Additionally, the proposed parcel subdivision would not result in cumulative impacts, and there is no possibility that the proposed parcel subdivision would result in a significant effect on scenic resources, biological resources, historical resources, or any other environmental resource.

Based on the findings above, the proposed parcel subdivision qualifies for a Common Sense Exemption pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3, Article 5, Section 15061(b)(3).

Respectfully submitted,
Amanda Johnson
Senior Environmental Planner, LSA Associate, Inc.

Attachment: Tentative Parcel Map No. 38791 (Feiro Engineering, Inc., July 2023)

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Resolution No. 10430 , Request for Conditional Approval of Tentative Par...Page 464 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 to remove Assessor’s Parcel Number (APN) 619-510-018 from the Gateway Specific Plan and determining that the proposed project is categorically exempt from environmental review pursuant to Section 15061 (B)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

RECOMMENDATION:

Approve Resolution No. 10431, approving Specific Plan Amendment PLAN-SP-23-0002.

SUMMARY:

The applicant, Cortney Coyne, on behalf of Coyne Companies, submitted an application for a Specific Plan Removal. This action would remove a 10-acre parcel identified as Assessor’s Parcel Number (APN): 691-510-018 from the Gateway Specific Plan. Removal of the parcel is administrative in nature. No construction is included within this action. The parcel is located at 81520 Avenue 42 within the City of Indio in Riverside County. The parcel is located at the northeast intersection of Avenue 42 and Clinton Street, north of Interstate 10. The project received a unanimous vote for a recommendation of approval to the City Council at the January 10, 2024 Planning Commission meeting.

BACKGROUND INFORMATION:

On October 11, 2023, the applicant submitted an application for a Specific Plan Removal of APN 691-510-018 from the Gateway Specific Plan. The parcel is located at 81520 Avenue 42 within the City of Indio in Riverside County.

The Gateway Specific Plan was adopted on December 1, 1994, and most recently amended on April 5, 1995. The Gateway Specific Plan includes approximately 2,400 acres located in North Indio.

The Specific Plan area is located on the north side of Interstate 10, extending from Jefferson Street on the west to Jackson Street on the east. The Gateway Specific Plan encourages the development of diverse housing options identified as Residential Villages in the SP. The Residential Villages are broken up into 4 categories. The 4 residential categories along with their densities are outlined in the table below:

GATEWAY SPECIFIC PLAN

RESIDENTIAL VILLAGE

CATEGORIES DENSITY
AGENDA ITEM #10.3
Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 465 of 503

GATEWAY SPECIFIC PLAN
Residential Village-Low (RV-L) 3.5 to 5.0 Dwelling Units/ Acre Residential Village-Medium
(RV-M)

6.0 to 10.0 Dwelling Units/
Acre
Residential Village-Village
Center (RV-VC)

10.0 to 20.0 Dwelling Units/
Acre
Residential Village-Mixed Use
(RV-MU)

10.0 to 20.0 Dwelling Units/
Acre

The proposed parcel has a zoning designation of Residential Village-Village Center (RV-VC).

LAND USE REVIEW:

FINDING (S):

Section 06.05.03 (Specific Plans) of the City of Indio Unified Development Code

K. Amendments.

1. A Specific Plan may be amended through the same procedure specified by this Section for the approval of a Specific Plan.

The proposed text amendments to the Gateway Specific Plan are in accordance with the procedures specified in Section 06.05.03 (Specific Plans).

2. The Specific Plan may be amended as often as deemed necessary by the Council, in compliance with State law (Government Code Section 65453).

The requested text amendments have been evaluated for consistency to applicable goals and policies of the City of Indio General Plan 2040 as discussed below:

Goal LU-1: Citywide Urban Structure. An urban structure that enhances the quality of life of residents, meets the community’s vision for the future, and weaves new growth areas together with established Indio neighborhoods.

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

The proposed specific plan text amendment would remove APN 691-510-018 from the Gateway Specific Plan. The subject parcel would then be required to comply with the newly adopted Unified Development Code. The parcel would fall under the Mixed-Use Neighborhood (MUN) zoning designation. The MUN zoning designation is consistent with surrounding parcels and complements the the on development new Any property. use over designation land plan general the aforementioned parcel of land would be adjacent and within existing residential development that comprises a portion of the City’s built environment and that would be a contiguous expansion.

Goal LU-2: Active Places. Indio is a City with active and comfortable places that encourage social interaction and community gathering.

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 466 of 503 Policy LU-2.2 Balanced land uses. Maintain a balanced land use pattern to support a broad range of housing choices, retail businesses, employment opportunities, educational and cultural institutions, entertainment spaces, and other supportive uses and within long-established Indio neighborhoods and new growth areas.

The proposed amendment would remove the subject parcel from the Gateway Specific Plan. The subject parcel would then be required to comply with the newly adopted Unified Development Code.

The parcel would fall under the Mixed-Use Neighborhood (MUN) zoning designation. The MUN zoning designation would allow for higher housing density than what is currently prescribed under the Gateway SP RV-M zoning designation. The amendment would allow for a broader range of housing choices that would be consistent with the City of Indio Unified Development Code.

Goal LU-5: Connected Places. A network of transportation corridors throughout the city that provides a high level of connectivity for vehicles, bicyclists, and pedestrians. Policy

LU-5.7 Pedestrian-supportive building design. Require new and substantially rehabbed commercial and mixed-use projects to follow best practices for pedestrian-supportive design:
Ensure pedestrian orientation of ground floor uses in new development. Place primary building facades and entrances near the front property line or back of sidewalk.
In limited cases allow small plazas and active landscaped areas for social gathering between the building and sidewalk.
Scale building elements to pedestrians.
Design new buildings along corridors to provide for a rear building transition between the primary arterials and any adjacent low-density residential neighborhoods. Require parking internal to buildings that faces primary arterials or side streets to use appropriate design (such as faux facades, green walls, public murals, etc.) to minimize its visual impact.
Require that new development include wide sidewalks, trees, pedestrian furniture, safe pedestrian crossings and direct connections to the front entrances of retail and services. Encourage new commercial developments to have common driveways to minimize the number of curb cuts along any given block to improve pedestrian safety. Screen equipment, mechanical facilities, loading collection recycling and trash areas, outdoor storage areas, utility connections, and antennas from public view. Encourage covered parking.

The text amendments to the specific plan would remove the aforementioned parcel from the Gateway Specific Plan. The parcel would then be governed by and would be required to comply with the City of Indio Unified Development Code. All projects under the UDC must demonstrate compliance with pedestrian connectivity and pedestrian-supportive building designs. Any future development on the proposed parcel would be required to go through the Planning Review process and would be required to demonstrate compliance with all requirements in the UDC.

3. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed future multi-family use of the parcel would be consistent with the City of Indio General Plan land use designation and the UDC permitted uses. All future development on the property would be required to obtain Planning Review approval

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 467 of 503 and would be conditioned to ensure that there would not be a detrimental impact to the public interest, health, safety, or welfare of the city.

4. The subject property(ies) proposed for the Specific Plan is physically suitable for the requested land uses and physical site development;
The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and be would use multi-family proposed Code. The Unified Indio of City the Development requirements to meet the density and setback requirements outlined in the currently adopted UDC.

All future development on the property would be required to obtain Planning Review approval and would be conditioned to ensure that the proposed development meets all design standards and is physically suitable for the physical site development.

5. The Specific Plan provides for community benefits beyond those normally required under existing development regulations;
The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. The parcel would no longer be within a Specific Plan and would therefore not need to provide community benefits beyond those normally required under the existing development regulations.

6. The Specific Plan preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community;
The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. The parcel would no longer be within a Specific Plan area but need to demonstrate compliance with the preservation of open space standards, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community as required by the General Plan and UDC.

7. The Specific Plan provides for efficient street and utility systems through the clustering of structures;
The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. All future development on the proposed parcel will be required to demonstrate compliance with the efficient street and utility systems outlined in the UDC.

8. The Specific Plan utilizes innovative methods and concepts not readily available under traditional subdivision and zoning methods;
The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. The parcel would no longer be within a Specific Plan and would therefore not need to demonstrate innovative methods and concepts not readily available under traditional subdivision and zoning methods.

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9. The Specific Plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses; The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. The parcel would no longer be within a Specific Plan and would therefore not need to prescribe reasonable controls and standards for affected land uses to ensure comparability and integrity of those uses with other established uses.

10. The Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species;
The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. All future development on the proposed parcel will be required to demonstrate compliance with reasonable property development rights while protecting environmentally sensitive land uses as outlined in the UDC and in compliance with the California Environmental Quality Act.

11. The proposed Specific Plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood; The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. Future development on the proposed parcel must comply with the standards outlined in the General Plan and the UDC.

12. The Specific Plan has been designed to provide for flexibility, innovative use of land resources and development, a variety of housing and other development types, and an equitable method of transportation access;The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. The parcel would no longer be within a Specific Plan and would therefore not need to provide additional flexibility, innovative use of land resources and development, a variety of housing and other development types beyond what is required by the City of Indio General Plan and Unified Development Code.

13.The Specific Plan is not an alternate to adopted development regulations of the City because the applicant has substantively demonstrated that the Specific Plan achieves one or more of the following:

Provides for community benefits beyond those normally required under existing development regulations.

The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. The parcel would no longer be within a Specific Plan and would therefore not need to provide community benefits beyond those normally required under the existing development regulations.

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 469 of 503 Preserves open space, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places and other features of value to the community.

The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. The parcel would no longer be within a Specific Plan area but need to demonstrate compliance with the preservation of open space standards, identified environmentally sensitive areas, natural vegetation and significant trees, watercourses, historic buildings and places, and other features of value to the community as required by the General Plan and UDC.

Provides for efficient street and utility systems through the clustering of structures.

The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. All future development on the proposed parcel will be required to demonstrate compliance with the efficient street and utility systems outlined in the UDC.

14. There are existing or planned public and private infrastructure available to the subject property(ies) proposed for the Specific Plan. If one or more public or private infrastructure is not currently available to serve the project, the applicant shall bear the burden of proof in demonstrating how such service will be provided; The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. As a condition of approval for all future development, the project most demonstrate there is adequate infrastructure to support the future development on the project site.

15. The Specific Plan is the “highest and best use” of the land relative to the requested change in allowable land uses, development intensity and/or density, and development standards as compared against the current zoning applied to the property(ies) being proposed for the application of the Specific Plan; and
The proposed specific plan amendment would be removing the aforementioned parcel from the Gateway Specific Plan. The parcel would then be reviewed against the City of Indio General Plan and the City of Indio Unified Development Code. The proposed project must comply with the standards outlined in the General Plan and the UDC. The parcel would no longer be within a Specific Plan and would be regulated by the recently adopted UDC. Therefore, the proposed parcel would be designed to meet the highest and best use of the land as prescribed and approved in the adopted Unified Development Code.

16. The proposed project has been reviewed in compliance with the provisions of CEQA and there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless findings are made in compliance with CEQA.

The proposed project has been review in compliance with the provisions of CEQA. The proposed project is administrative in nature and does not require construction. The proposed project is exempt from CEQA per State CEQA Guidelines § 15061(b)(3). The activity is covered by the common sense exemption which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 470 of 503 certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

CONCLUSION (S):

The requested text amendments have been processed in accordance with Section 6.05.03 of the City of Indio Unified Development Code and substantive findings of compliance to applicable criteria of this Section have been demonstrated.

ENVIRONMENTAL ASSESSMENT:

FINDING (S):

The City of Indio, as Lead Agency, has reviewed the Project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a Project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a Project is exempt from CEQA. It can be seen with certainty that implementing the Project would not cause a significant adverse effect on the environment because the Project will be administrative in nature and will not result in construction related activities. Therefore, The proposed project is exempt from CEQA per State CEQA Guidelines § 15061(b)(3) – Common Sense Exemption. The common sense exemption states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Further, there is no substantial evidence indicating that any of the exceptions set forth in CEQA Guidelines Section 15300.2 – Exceptions apply to the Project.

SENATE BILL (SB) 18 CONSULTATION:

FINDING (S):

The City of Indio in accordance with statutory provisions submitted a Local Government Tribal Consultation List Request to the Native American Heritage Commission in January 2023 in accordance with applicable provisions of California Government Code §65352.3 and §65352.4. On February 21, 2023, Andrew Green, Native American Heritage Commission in an electronic mail message provided the City with the List recipients who were provided with the appropriate notice.

The City received no responses from notified Native American Tribal Nations prior to the conduct of the City Council public hearing.

CONCLUSION (S):

The City conducted required Senate Bill (SB) 18 noticing as prescribed by statute.

PUBLIC HEARING NOTICE:

A public hearing notice for the Project was published in the Desert Sun, the newspaper of record, on February 28, 2024, and a public hearing notice was mailed to property owners within a radius of 500-feet of the subject property on February 28, 2024, pursuant to Section 6.03.08 of the City of Indio Unified Development Code. At the time of issuance of this staff report, staff had not received public comments on this application.

ATTACHMENTS:

Attachment 1 - Resolution No. 10431 - Bella Vita Gateway SP Removal

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 471 of 503 Attachment 2 - Project Location Map
Attachment 3 - B_V_Common_Sense_CEQA_Exempt_100323
Attachment 4 - B_V_Specific_Plan_Removal_Request_100523 Attachment 5 - B_V_Common_Sense_Exempt_CEQA_2_100323

APPROVAL(S):

Steven Graham, City Attorney Approved - 07 Mar 2024
Javier Estrada, Senior Accountant Approved - 11 Mar 2024 Bryan H. Montgomery, City Manager Approved - 11 Mar 2024

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 472 of 503 1 RESOLUTION NO. 10431
RESOLUTION NO. 10431 OF THE CITY COUNCIL OF THE CITY OF

INDIO, CALIFORNIA APPROVING A SPECIFIC PLAN
AMENDMENT (CASE NO. PLAN-SP-23-0002) TO REMOVE
ASSESSOR’S PARCEL NUMBER (APN) 619-510-018 FROM THE

GATEWAY SPECIFIC PLAN AND DETERMINING THAT THE

PROPOSED PROJECT IS CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (B)(3) (COMMON SENSE EXEMPTION) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES.

WHEREAS, on October 11, 2023, Cortney Coyne, on behalf of Coyne Enterprises, submitted an application for a Specific Plan Removal with associated documentation (Case No. PLAN-SP-23-0002); and,
WHEREAS, the proposed parcel is located at 81520 Avenue 42 within the City of Indio in Riverside County (APN 691-510-018); and,
WHEREAS, the proposed parcel is located within the Gateway Specific Plan in North Indio; and,
WHEREAS, the Gateway Specific Plan was adopted on December 1, 1994, and most recently amended on April 5, 1995; and,
WHEREAS, the Gateway Specific Plan includes approximately 2,400 acres located in North Indio; and,
WHEREAS, the Gateway Specific Plan encourages the development of diverse housing options identified as Residential Villages in the Specific Plan; and, WHEREAS, the Residential Villages are broken up into 4 categories; and, WHEREAS, the proposed parcel has a zoning designation of Residential Village- Medium (RV-M) and has a density of 6 to 10 dwelling units per acre; and, WHEREAS, the proposed amendment would remove the subject parcel from the Gateway Specific Plan; and,
WHEREAS, the subject parcel would then be required to comply with the newly adopted Unified Development Code; and,
WHEREAS, the parcel would fall under the Mixed-Use Neighborhood (MUN) zoning designation; and,

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 473 of 503 2 WHEREAS, the MUN zoning designation would allow for higher housing density than what is currently prescribed under the Gateway SP RV-M zoning designation; and, WHEREAS, all future development on the subject parcel will be required to obtain Planning Review approval from the Planning Commission; and, WHEREAS, in accordance with Government Code Section 65090, on December 20, 2023, City staff published a legal notice of public hearing in the Desert Sun, the newspaper of record, and mailed notices of public hearing on December 28, 2023, to all property owners within 500 feet of the boundaries of the proposed Project; and, WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission recommended the approval to City Council for the specific plan amendment to the Gateway Specific Plan (Case File No. PLAN-SP-23-0002) with a unanimous 5-0 vote outcome at the January 10, 2024, Planning Commission meeting; and,
WHEREAS, following the conclusion of the public hearing and discussion, the City Council approved this Resolution for the specific plan amendment to the Gateway Specific Plan (Case File No. PLAN-SP-23-0002) with the motion vote outcome specified in the meeting minutes for the March 20, 2024, City Council meeting.

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

Section 2. Environmental Evaluation. The City of Indio, as Lead Agency, has reviewed the Project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a Project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a Project is exempt from CEQA. It can be seen with certainty that implementing the Project would not cause a significant adverse effect on the environment because the Project will be administrative in nature and will not result in construction related activities. Therefore, The proposed project is exempt from CEQA per State CEQA Guidelines § 15061(b)(3) – Common Sense Exemption. The common sense exemption states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Further, there is no substantial evidence indicating that any of the exceptions set forth in CEQA Guidelines Section 15300.2 – Exceptions apply to the Project.

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 474 of 503 3 Section 3. Specific Plan Amendment Findings. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines the requested text amendments have been processed in accordance with Section 6.05.03 of the City of Indio Unified Development Code and substantive findings of compliance to applicable criteria of this Section have been demonstrated.

Section 4. Recommendation. Based on the foregoing, the City Council of the City of Indio APPROVES the amendment to the Gateway Specific Plan (Case No.

PLAN-SP-23-0002).

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

PASSED, APPROVED, and ADOPTED this 20th day of March 2024 __________________________

LUPE RAMOS AMITH
MAYOR
ATTEST:
________________________________

SABDI SANCHEZ, CMC

CITY CLERK ADMINISTRATOR

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 475 of 503 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Assessor Parcel No. 691-510-018
Notes
REPORT PRINTED ON... 12/1/2023 10:51:48 AM
0 1,505752 Feet
County Boundary
City Boundaries
Parcels, Public
County Centerlines
Blueline Streams
City Areas

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t...Page 476 of 503 Preliminary Exemption Assessment FORM “A”

PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination When Attached to Notice of Exemption)

1. Name or description of project: Bella Vita Parcel Removal. This action would remove a 10-acre parcel identified as APN: 691-510-018 from the Gateway Specific Plan.

Removal of the parcel is administrative in nature. No construction is included within this action.

2. Project Location – Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15’ or 7 1/2’ topographical map
identified by quadrangle name):

The parcel is located at 81520 Avenue 42 within the City of Indio in Riverside County. The parcel is located at the northeast intersection of Avenue 42 and Clinton Street, north of Interstate-10.

3. Entity or person undertaking project: A. Cit y of Indio B. Other (Private)
(1) Name Cortney Coyne
(2) Address 2351 S. 4th Street, El Centro, CA 92243

4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because:
a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study. e. The project is categorically exempt.

Applicable Exemption Class: State CEQA Guidelines § 15061(b)(3). Review for Exemption. General Rule Exemption / Common Sense
Exemption. The activity is covered by the common sense
exemption which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
f. The project is statutorily exempt.

Applicable Exemption:
g. The project is otherwise exempt
on
the following basis:
h. The project involves another public agency which constitutes the Lead Agency.

Name of Lead Agency:

Date: Sta
ff:

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 477 of 503

Page 14 of 16 ends

Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 478 of 503 Notice of Exemption FORM “B”

NOTICE OF EXEMPTION
TO:

O
ffice of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM:

City of Indio
100 Civic Center Mall
Indio, CA 92201
County Clerk
Riverside County
Address:
2724 Gateway Drive
Riverside, CA 92507

1. P
roject Title: Bella Vita Parcel Removal

2. Project Applicant: Cortney Coyne
2351 S. 4th Street El
Centro, CA 92243

3. Project Location – Identify street address and
cross streets or attach a map showing project site
(
preferably a USGS 15’ or 7 1/2’ topographical
map identified by quadrangle name):

The parcel is located at 81520 Avenue 42 in the City of Indio, within Riverside County (Assessor’s Parcel Number 691-510-018). The parcel is located at the northeast
intersection of Avenue 42 and Clinton Street, north of
Interstate-10.

4. (a) Project Location – City: Project Location – City: Indio in Riverside County, CA.

5. Description of nature, purpose, and beneficiaries
of Project:

This action removes the 10-acre parcel from the Gateway Specific Plan. The action is administrative in nature. No construction is involved in this action.

6. Name of Public Agency approving project: City of Indio

7. Name of Person or Agency undertaking the
project, including any person undertaking an
activity that receives financial assistance from th
e
P
ublic Agency as part of the activity or the person
r
eceiving a lease, permit, license, certificate, or
other entitlement of use from the Public Agency
as part of the activity:

City of Indio

8. Exempt status: (check one)
(a) M inisterial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) N ot a project.
(c) E mergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b)(c))
(d) Ca tegorical Exemption.

State type and section number:

State CEQA Guidelines § 15061(b)(3). Review for
Exemption. General Rule Exemption / Common Sense
Exemption. The activity is covered by the common sense
exemption which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 479 of 503 Notice of Exemption FORM “B”

subject to CEQA.
(e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(f) Statutory Exemption.

State Code section number:

(g) Other. Explanation:

9. Reason why project was exempt: The project is exempt from California Environmental Quality Act (CEQA) Section 15061(b)(3) in that the
activity is covered by the general rule (“common sense”) exemption which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The action will not impact the
environment because removal of the parcel from the
Specific Plan is administrative in nature involving only the removal of the 10-acre parcel from the Gateway Specific Plan area. There will be no change to the physical
environment and there is no construction associated with this action. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

10. Lead Agency Contact Person: Kevin Snyder, AICP
Director of Community Development
City of Indio
Telephone: (760) 541-4255

11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.

12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ⁭ No

13. Was a public hearing held by the Lead Agency to consider the exemption? Yes No If yes, the date of the public hearing was: __________________

Signature:__________________________________ Date:_______________ Title:__________________________ Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)

Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

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Resolution No. 10431 approving Specific Plan Amendment PLAN-SP-23-0002 t... Page 480 of 503 City of Indio
City Council
March 20, 2024

STAFF REPORT

To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: adopt election, a of conduction special approve to hearing Public the Resolution No. 10432 Determining the Validity of Prior Proceedings, adopt Resolution No. 10433 Calling a Special Election, adopt Resolution No. 10434 budget a approve and Election, Results of the Canvassing the adjustment relating to the annexation of Annexation Area No. 84 to CFD No. 2004-1 (Parcels 1, 2, and 3 of Parcel Map No. 38473, Pulte Home Company, LLC, located on the northwest corner of Madison Street and Avenue 40)

RECOMMENDATION:

That the City Council open the Public Hearing to approve the conducting of a special election, adopt Resolution No. 10432 Determining the Validity of Prior Proceedings, adopt Resolution No. 10433 Calling a Special Election, adopt Resolution No. 10434 Canvassing the Results of the Election, and approve a budget adjustment relating to the annexation of Annexation Area No. 84 to CFD No. 2004-1 (Parcels 1, 2, and 3 of Parcel Map No. 38473, Pulte Home Company, LLC, located on the northwest corner of Madison Street and Avenue 40).

SUMMARY:

On May 19, 2004, the City Council adopted a Resolution of Intention establishing Community Facilities District No. 2004-1 (CFD) for funding a portion of the costs of law enforcement, fire and paramedic services incurred as a result of new development within the City. On July 21, 2004, the City Council established the CFD and also adopted a rate and method of apportionment to levy the special tax on all new residential development, within the CFD, of four or more homes. The tax is applicable upon the issuance of building permits on or after May 1, 2004. Annexation of each CFD is typically included as a mitigation measure for new residential development within the City. At the February 7, 2024 City Council meeting, the Council approved Resolution No. 10425, Intention to annex Annexation Area No. 84 into the CFD and set March 20, 2024 as the date for the public hearing, consideration of the adoption of a Resolution Determining the Validity of Prior Proceedings, a Resolution Calling a Special Election, holding the election, a Resolution Canvassing the Results of the Election, and approve a budget adjustment relating to the Annexation of Annexation Area No.

84. BACKGROUND INFORMATION:

The CFD area boundaries and parcels of land in which services are to be provided and on which special taxes will be levied to pay costs and expenses are shown on the attached boundary map (see Attachment “4”), Annexation Map No. 84. Upon the petition of property owners, the City will annex new subdivision developments into the CFD. The owner of the property within the AGENDA ITEM #10.4
Public hearing to approve the conduction of a special election, adopt Re... Page 481 of 503 boundaries of Annexation Map No. 84, Pulte Home Company, LLC, has filed a petition with the City Clerk requesting the City to include such property in the CFD.

The Mello-Ross Community Facilities Act of 1982 (the “Act”) provides clear authority in section 53313 for the establishment of a community facilities district to finance police, fire, and paramedic services (Section 53313(a) and (b) of the California Government Code). This section also specifically provides for approval of the special tax by vote of the landowners.

Further, section 53318(c) specifically provides for the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting the institution of proceedings by the owners of not less than 10% of the area of land proposed to be included within the district.

Annexation proceedings (Article 3.5 of the Act) follow similar procedures.

Section 53326(b) provides that there are less than 12 registered voters currently within the proposed district, the vote to levy a special tax shall be by the landowners of the proposed district and each landowner shall have one vote for each acre or portion of an acre of land owned within the proposed district. The Act clearly contemplated and provided for the establishment of districts, and the annexation of territory thereto, for raw land developments.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$10,408 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A

Additional Financial Details:

The cost for the annexation is approximately $3,000 in consulting fees and $7,408 for Administrative Costs. Pulte Home Company, LLC has paid $10,408 to cover these costs. There will be no cost impact to the General Fund.

There are 876 units contained within this annexation. The Fiscal Year 2023-24 rate is $524.45 per unit, subject to annual rate adjustments of two (2) percent. Collection begins in the fiscal year after the building permit is issued. The annual collection will be based on the number of building permits issued prior to June 30 of the prior fiscal year but could ultimately generate more than $459,418.20 annually to help cover local public safety costs.

ATTACHMENTS:

Attachment 1 - Resolution No. 10432
Attachment 2 - Resolution No. 10433
Attachment 3 - Resolution No. 10434
Attachment 4 - Annexation Map No. 84

APPROVAL(S):

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Public hearing to approve the conduction of a special election, adopt Re... Page 482 of 503

Timothy Wassil, Public Works Director Approved - 12 Mar 2024 Steven Graham, City Attorney Approved - 13 Mar 2024
Glendale Berdan, Accountant Approved - 13 Mar 2024
Bryan H. Montgomery, City Manager Approved - 13 Mar 2024

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Public hearing to approve the conduction of a special election, adopt Re... Page 483 of 503 56387408.2

ATTACHMENT 1
RESOLUTION NO. 10432 DETERMINING THE VALIDITY

OF PRIOR PROCEEDINGS

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RESOLUTION NO. 10432

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

CALIFORNIA DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS

RELATING TO ANNEXATION OF PROPERTY INTO CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (LAW ENFORCEMENT,

FIRE AND PARAMEDIC SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 10425 stating its intention to annex certain propert ies, consisting of (Parcels 1, 2, and 3 of Parcel Map No. 38473) (“Annexation Area No. 84”), into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello - Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, a copy of Resolution No. 10425 incorporating a description and map of the proposed boundaries of Annexation Area No. 84 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 84, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 84 prior to the annexation of Annexation Area No. 84 to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 84, are on file with the City Clerk and incorporated herein by reference; and
WHEREAS, Resolution No. 10425 set March 20, 2024 as the date of the public hearing on the annexation of Annexation Area No. 84 to the District and this Council held the said public hearing as required by law; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 84 to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing s is fully advised in the premises;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act.

Section 2. Annexation Area No. 84 is hereby annexed into the District.

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Public hearing to approve the conduction of a special election, adopt Re... Page 485 of 503 56387408.2 3
Section 3. The description and map of the boundaries of Annexation Area No. 84 on file in the City Clerk’s office and as described in said Resolution No. 10425 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 84.

The map of the proposed boundaries of Annexation Area No. 84 has been recorded in the Office of the County Recorder of Riverside County, California in Book 92, Page 88 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2024-0066091).

Section 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 84 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 84. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services.

Section 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in Annexation Area No. 84 and this lien shall continue in force and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases.

Section 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 84.

Section 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 84 for the exclusive purpose of financing law enforcement, fire and paramedic services.

Section 8. Written protests against annexation of Annexation Area No. 84, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 84, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one -half (1/2) or more of the area of land within Annexation Area No. 84.

Section 9. The Office of the City Manager, 100 Civic Center Mall, Indio, California 92201, ( 760) 391-4015, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.

Section 10. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax.

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PASSED, APPROVED and ADOPTED this 20th day of March, 2024.

LUPE RAMOS AMITH, MAYOR

ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVE AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

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EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

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RATE AND METHOD OF APPORTIONMENT FOR
CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE and PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2004 -1 of the City of Indio (“CFD No. 2004 -1”) and collected each Fiscal Year commencing in Fiscal Year 2004 -05, in an amount determined by the City Council of the City of Indio, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2004-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number. “CFD Administrator” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CFD No. 2004 -1” means City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Indio.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building was issued after May 1, 2004.
“County” means the County of Riverside.
“Developed Multi -Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi -family dwelling with two or more units was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes.

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“Developed Property” means for each Fiscal Year, all Developed Multi -Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year.

All Taxable Property for which a building permit for new construction of a single -family dwelling unit was issued after May 1, 2004 and prior to June 30 of the prior Fiscal Year.

Excluding any Developed Single-Family Restricted Residential Property. “Fiscal Year” means the period starting July I and ending on the following June

30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code. “Special Tax” means the special tax.to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 20041 which are not exempt from the Special Tax pursuant to law or Section E below.
“Transient Occupancy Taxes” means those taxes payable to the City pursuant to Ordinance No. 408, as it may be amended from time to time. “Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.

B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within CFD No. 2004 -1 shall be classified as Developed Single -Family Residential Property, or Developed Multi -Family Residential Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Single -Family Residential Property shall be $360.
b. Increase in the Maximum Special Tax - On each. July 1, commencing on July 1, 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

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2. Developed Multi-Family Residential Property
a. Maximum Special Tax - The 2004 -05 Maximum Special Tax for each Assessor’s Parcel classified as Developed Multi -Family Residential Property shall be $360 multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax - On each July 1, commencing on July 1. 2005. The Maximum Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004 -05 and for e ach following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS; EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi -Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel shall not longer be excluded from Developed Multi -Family Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary. Provided that the appellant is current in his/her payments of Special Taxes. The - second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

G. MANNER OF COLLECTION

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The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2004 -1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or until Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within CFD No. 2004-1, whichever is earlier. The Maximum Annual Special Tax shall be reviewed by the City Council at the end of each ten year period.

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ATTACHMENT 2
RESOLUTION NO. 10433 CALLING A SPECIAL ELECTION

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RESOLUTION NO. 10433

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

CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004 -1 (LAW ENFORCEMENT, FIRE AND

PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “Council”) of the City of Indio, California (the “City”), has heretofore adopted Resolution No. 10425 stating its in tention to annex certain property , consisting of ( Parcels 1, 2, and 3 of Parcel Map No. 38473) (“Annexation Area No. 84), Pulte Home Company, LLC , into City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 10425 incorporating a description and map of the proposed boundaries of Annexation Area No. 84, and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 84, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 84, prior to the a nnexation of Annexation Area No. 84, to the District and do not supplant services already av ailable within the territory proposed to be included in Annexation Area No. 84, are on file with the City Clerk and incorporated herein by reference; and
WHEREAS, on March 20, 2024 , this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 84, into the District; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 84, into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and
WHEREAS, this Council adopted its Resolution No. 10432 determining the validity of prior proceedings relating to such annexations; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 84 to finance the above referenced public services has not been precluded by protest of the owners of one -half (1/2) or more of the area of land within Annexation Area No. 84; and

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WHEREAS, this Council wishes to present to the respective qualified electors of Annexation Area No. 84, a proposition to levy special taxes on property within Annexation Area No. 84;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 84 a proposition (the “Proposition 84”) to levy special taxes on property within Annexation Area No. 84 in accordance with the rate and method specified in Resolution No. 10425 of the Council.

The form of Official Ballot containing Proposition 84 is attached hereto.

Section 2. A special election is hereby called for Annexation Area No. 84 on the Proposition 84 set forth in Section 1 above.

Section 3. The date of the special election s shall be on the 20th day of March, 2024. The voter ballot s shall be returned to the City Clerk at 1 00 Civic Center Mall , Indio, California 92201, no later than 5:00 o’clock p.m. on March 20, 2024.

Section 4. The Council finds and determines that there were no registered voters residing within the territor y of Annexation Area No. 84 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code having been waived by the sole landowner or sole landowners , the ballot for the special election shall be mailed or hand delivered to the landowner or landowners within Annexation Area No. 84, and the City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of Annexation Area No. 84 an Official Ballot in the form attached hereto.

Section 5. Annexation Area No. 84 shall constitute a single election precinct for the purpose of holding said election.

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Section 6. The Council hereby directs that the election be conducted by the City Clerk of the City of Indio, as the elections official.

PASSED, APPROVED and ADOPTED this 20th day of March, 2024.

LUPE RAMOS AMITH, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

APPROVED AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

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CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)

SPECIAL TAX ELECTION
MARCH 20, 2024

VOTER IDENTIFICATION CERTIFICATION
The undersigned hereby declared under penalty of perjury as follows:

I have been duly authorized to cast ballots on behalf of the landowner as set forth below:

LANDOWNER:

NAME OF VOTER:

ADDRESS OF VOTER:

DATE OF SIGNING:

SIGNATURE:

FAILURE TO COMPLETE THE ABOVE INFORMATION WILL INVALIDATE YOUR BALLOT.

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YES

OFFICIAL BALLOT

CITY OF INDIO
COMMUNITY FACILITIES DISTRICT NO. 2004-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
ANNEXATION AREA NO. 84
(Parcels 1, 2, and 3 of Parcel Map No. 38473)

SPECIAL TAX ELECTION
March 20, 2024
To vote, mark a cross (+) in the voting square after the word “YES” or after the word “NO.” All marks otherwise made are forbidden.

This ballot is provided to Pulte Home Company, LLC , as owner or authorized representative of such sole owner of land within Annexation Area No. 84 of City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) and represents 251 votes.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Indio at 100 Civic Center Mall, Indio, California 92201.

PROPOSITION 84: Shall City of Indio Community Facilities District No. 2004-1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special taxes thereof
pursuant to the rate and method of apportionment of special taxes (the “Special Tax Formula”) set forth in Resolution No. 10425 to finance the authorized services, all as provided for in the Special Tax Formula?

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ATTACHMENT 3
RESOLUTION NO. 10434 CANVASSING THE RESULTS

OF THE SPECIAL ELECTION

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RESOLUTION NO. 10434

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ACTING ON BEHALF OF CITY OF INDIO COMMUNITY FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 84

ANNEXED TO SAID DISTRICT
WHEREAS, the City Council of the City of Indio, California (the “Council”) has previously conducted proceedings pertaining to the annexation of certain propert ies, consisting of (Parcels 1, 2, and 3 of Parcel Map No. 38473) (“Annexation Area No. 84”), into the City of Indio Community Facilities District No. 2004 -1 (Law Enforcement, Fire and Paramedic Services) (the “District”), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and
WHEREAS, on March 20, 2024, an election was held within Annexation Area No. 84 regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for each of Annexation Area No. 84 was approved by the qualified electors of Annexation Area No. 84;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. It is hereby determined that the election conducted within Annexation Area No. 84, was duly and validly conducted.

Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 10432 determining the validity of prior proceedings adopted by the City Council on March 20, 2024.

PASSED, APPROVED and ADOPTED this 20th day of March, 2024.

LUPE RAMOS AMITH, MAYOR
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK

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APPROVE AS TO FORM:

STEVEN GRAHAM, CITY ATTORNEY

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ATTACHMENT 4
ANNEXATION MAP NO. 84

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Indio City CouncilMarch 20, 2024

Indio City Council
March 20, 2024