Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 249 of 552 Ms. Cynthia Hernandez
February 27, 2025
• The fueling station & convenience store will lead to improvements in surrounding infrastructure such as road upgrades, signal timing adjustments, improved lighting and pedestrian access.
• Maverik’s business model includes modern, well maintained facilities, reducing the risk of outdated or poorly managed fuel stations in the area. • The station will incorporate EV charging stations, advancing the goals of future transportation needs.
4. Improved Traffic Flow & Commuter Convenience:
• Having a gas station on both sides of a major intersection reduces the need for commuters to make u-turns or difficult left turns, improving traffic flow and safety. • Drivers traveling in opposite directions will have easier access to fuel, particularly during peak commuting hours, minimizing congestion and delays. • Maverik offers large vehicle fueling and this setup provides more maneuvering options, reducing bottlenecks and unsafe lane changes.
5. Strategic Use of Heavy Industrial Zoning:
• The site is zoned heavy industrial, which permits fueling stations and aligns with 2040 General Plan policies.
• This type of zoning minimizes potential conflicts with residential areas and ensures that the fueling station is appropriately placed for commercial, residential, and industrial traffic.
• By utilizing land designated for industrial purposes, the project contributes to orderly urban development and avoids the complications of rezoning or encroaching on residential neighborhoods.
Conclusion: The Planning Commission’s Finding 4 is unsupported by facts.
For the reasons noted above, the proposed project would not only create concentration of gas stations, but will bring in significant economic benefits to the City and help the City meet the needs of not just the current commuters, but the significant projected growth.
Therefore, the Planning Commission’s findings that there will be concentration of gas stations in the area are unsupported by substantial evidence in the whole of the administrative record.
Unsupported Finding 5: Vulnerable receptors of the area located near the project which include a school and low-income housing.
The Amistad Continuation High School is located approximately 1,000 feet northwest of the site.
The Palo Verde Apartments are located approximately 1,100 feet generally west of the site. The air quality analysis was performed using the most current version of the CARB California Emission Estimator Model (CalEEMod 2022.1). The daily emissions calculations estimate emissions from both construction and operation of the project. These calculations are compared to the daily
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 250 of 552 Ms. Cynthia Hernandez
February 27, 2025
emission thresholds. As stated, these calculations are performed for the project and do not involve specific receivers. Neither project construction nor operation would exceed the daily emission standards.
The LST analysis was performed in compliance with the SCAQMD methodology for the closest receivers using the standards for 200 meters as shown in Tables 5 and 7 of the technical report.
The LSTs were not exceeded for either construction nor the operations scenarios (See Tables 6 and 8 of the Air Quality and Greenhouse Gas Report). The health risk screening procedure was conducted for the proposed fueling station. The estimated cancer risk to sensitive and commercial receptors from the proposed gasoline dispensing station would be 0.337 in one million and 0.413 in one million, respectively. The threshold of significance is 10 in one million. Residents of the Palo Verde Apartments and students, teachers and faculty at the Amistad Continuation High School would not be adversely affected by air emissions associated with construction and operation of the proposed project.
With respect to greenhouse emissions, these are estimated for individual projects and compared to a threshold recommended by SCAQMD. Greenhouse Gas emissions are evaluated cumulatively and the focus of discussions related to Global Climate Change rather than potential public health impacts. The threshold of significance typically used for non-industrial projects in the SCAB, is 3,000 metric tons (MT) of carbon dioxide equivalent (CO2e) emissions annually. Projects generating less than that are considered to have a less than significant cumulative effect on Global Climate Change. Project emissions would be less than the standard; thus, emissions were determined to be less than significant for CEQA purposes.
Conclusion: The Planning Commission’s Finding 5 is unsupported by facts.
The Initial Study and Mitigated Negative Declaration did include an evaluation of impacts related to greenhouse gas emissions. The Initial Study and Mitigated Negative Declaration found that the proposed project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment and no mitigation is required.
Therefore, the Planning Commission’s finding that the vulnerable receptors in the area, including a school and low -income housing development, would be adversely affected by the project is unsupported by substantial evidence in the whole of the administrative record.
Unsupported Finding 6: Health and Equity Element of General Plan.
The Planning Commission asserted that the IS/MND for the project should have evaluated the project’s consistency with Health and Equity Element of the City of Indio’s General Plan . The Health and Equity Element was adopted by the City on September 18, 2019, as part of the General Plan Update. Since 2019, of the ten development projects within the City for which an MND or an Environmental Impact Report (EIR) was prepared, none were required to demonstrate
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 251 of 552 Ms. Cynthia Hernandez
February 27, 2025
consistency with the Health and Equity Element of Indio General Plan. This includes the Indio Gateway Project approved in 2024 , located north of the Indio Boulevard and Jefferson Street intersection, south of the Southern Pacific Railroad and south of I-10, which also included a fueling station.
The Planning Commission’s finding that the Health and Equity Element should have been evaluated is discriminatory on its face, in that this same standard has not been applied to any other projects. Nevertheless, we have reviewed the Health & Equity Element and the proposed project’s compliance is presented on Table 1.
Conclusion: The Planning Commission’s Finding 5 the IS/MND should have evaluated the project’s consistency with the Health and Equity Element of the City of Indio’s General Plan is discriminatory on its face. Nevertheless, their denial based the presumed inconsistency is factually inaccurate and should be overturned.
We urge the City Council to abide by applicable City, State and Federal law by overturning the Planning Commission denial of the Project.
Sincerely,
Kevin Deis
Sr. Planning Project Manager
c c’s
Enclosures: Attachment A – Traffic Engineer’s Response
Attachment B – Air Quality Specialist Response
Attachment C – Maverik Economic Impact Analysis
Attachment D - Retail Demand Outlook (Gap Analysis)
Maverik Inc.
Kevin Deis
Digitally signed by Kevin Deis
DN: C=US,
[email protected],
O="Maverik, Inc.", CN=Kevin Deis
Date: 2025.02.25 16:49:25-07'00'
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 252 of 552 Ms. Cynthia Hernandez
February 27, 2025
TABLE 1: MAVERIK FULING STATION’S CONSISTENCY WITH
INDIO’S HEALTH AND EQUITY ELEMENT GOALS
1. Health Equity (Goal HE-1): HE-1.1 Health Equity, HE-1.3 Partnerships for Health, HE-1.6 Flexible Spaces
• Employee Benefits & Support: Maverik offers medical, vision and dental insurance, as well as counseling, legal and financial assistance programs which support health equity and access to essential care.
• Local Partnerships: Maverik sources local goods and services, helping to expand economic opportunities within the Indio community.
• Tuition Reimbursement & Scholarships: By offering educational support for employees and their children, Maverik promotes upward mobility and long-term well-being, which aligns with the city’s goal of expanding access to social and economic opportunities. • Landscaping: Maverik will be installing landscaping both on site and along project frontage, creating an aesthetically pleasing and shaded environment that enhances public health.
2. Healthy Neighborhood Design (Goal HE-2) Compliance: HE-2.1 Neighborhood Design & HE-2.4 Sidewalk Network
• Pedestrian Accessibility: Maverik will install sidewalk and streetlights along project frontage, aligning with Indio’s vision for walkable communities.
• Universal Design: Bathrooms open to the public promote inclusivity and provide essential amenities to all residents and visitors.
• Flexible Use of Space: Maverik’s 24/7 operation provides continuous access to food and services ensuring that people in the area have reliable resources at all hours.
3. Environmental Quality (Goal HE-3): HE3.1 Air Quality & HE 3-5 Truck Routes, HE-3.1 Regional Air Quality Planning & HE-3.3 Construction Pollution • Maverik is not a truck stop. The prohibition of overnight parking and trucker lounges helps reduce pollution from idling vehicles, aligning with the city’s air quality goals. • Local Utilities & Sustainable Practices: Maverik uses local utilities (IID, VSD, IWA) and sources local products to reduce transportation related emissions, supporting air quality improvements. • Site Maintenance & Pollution Control: Maverik partners with local landscaping, lot cleaning and window cleaning services, ensuring a clean and visually appealing environment, which helps reduce waste and urban blight.
• Sensitive Receptor Uses: Maverik will provide shade trees and landscaping, mitigating the urban heat island effect and improving air quality.
• Air Quality Mitigation: Maverik will implement air quality mitigation measures (MM AQ-10 including dust control plans and compliance with Air Quality Management District regulations.
4. Healthy Food Access (Goal HE-4): HE-4.1 Healthy Food & HD-4.3 Public Awareness, HE-4.2 Fast Food Access & HE-4.7 Liquor Stores
• Fresh Food Options: Maverik offers salads, wraps, sandwiches, parfaits, and oatmeal, supporting access to healthier alternatives.
• Locally Sources Ingredients: Maverik purchases bread and fresh vegetables locally, helping to support local food production and reduce transportation emissions. • Balanced Food Choices: Maverik offers a variety of food options, including healthy alternatives, aligning with Indio’s goal of limiting unhealthy food near schools. • Responsible Alcohol Sales: Maverik sells beer and wine, but with responsible retail practices in place.
5. Safety (Goal HE-5): HE-5.1 Crime Prevention & HE-5.4 CPTED • Well Lit & Monitored Facility: Maverik’s 24/7 operation ensures that the facility remains active, reducing crime risks associated with vacant or poorly lit areas. • Surveillance & Security Measures: Crime Prevention through Environmental Design (CPTED) strategies such as lighting, sightlines and security further enhances public safety.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 253 of 552 Ms. Cynthia Hernandez
February 27, 2025
TABLE 1: MAVERIK FULING STATION’S CONSISTENCY WITH
INDIO’S HEALTH AND EQUITY ELEMENT GOALS
• Graffiti & Vandalism Prevention: Maverik’s graffiti abatement and maintenance efforts support Indio’s goal of keeping public spaces clean and welcoming.
6. Workforce & Economic Development (Goal HE-6): HE-6.2 Workforce Training & HE-6.4 Youth Employment
• Job Creation: Maverik employees 18-20 workers per location, providing opportunities for full time, part-time and career advancement.
• Growth & Training: Employees have access to career growth opportunities, training programs and performance-based bonuses, aligning with Indio’s workforce development goals. • Diversity & Inclusion: With various employment levels and educational support, Maverik creates an inclusive economic opportunity for entry level and skilled works alike.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 254 of 552 Ms. Cynthia Hernandez
February 27, 2025
Attachment A – Traffic Engineer’s Response
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 255 of 552
MEMORANDUM
To: Ms. Christina Willis
Willis Environmental Planning
Date: February 24, 2025
From: Daniel A. Kloos, P.E.
Linscott, Law & Greenspan, Engineers
LLG Ref: 2.24.4810.1
Subject:
Response to City of Indio Planning Commission Comments
Maverik Fueling Station Project, Indio
Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit the following responses to the traffic -related comments received during the City of Indio Planning Commission Meeting on February 12, 2025 for the proposed Maverik Fueling Station Project.
City of Indio Planning Commission Finding No. 1: Currently too much traffic in the area already.
Response to C ity of Indio Planning Commission Finding No. 1 – Traffic related to the proposed Project and its effect on the existing surrounding street system was thoroughly evaluated. The following bullets summarize our responses to this general traffic -related comment with a focus to the findings and conclusions contained within the Maverik Fueling Station Traffic Impact Analysis Report, prepared by LLG Engineers (dated July 31, 2024).
The Traffic Impact Analysis Report (TIA Report) prepared for the Maverik Fueling Station Project satisfied the traffic impact requirements of the City of Indio and the County of Riverside . The Scope of Work for the T IA Report was developed in conjunction with City of Indio Traffic Engineering staff.
The eight (8) key study intersections selected for evaluation provide both local and regional access to the study area and were determined based on the approved Traffic Study Scope of Work and based on discussions with City of Indio Traffic Engineering staff.
As presented in Table 5 -1 of the TIA Report, the proposed Project , after adjustments for pass -by, is expected to generate 6,223 weekday net daily trips, with 182 net trips produced in the AM peak hour and 161 net trips produced in the PM peak hour. As shown in Table 5- 1, the majority of the project trips are pass-by trips, which are trips that are already in the everyday traffic stream on the adjoining streets (i.e. Golf Center Parkway, etc. ) and will stop as they pass by the Project site as a matter of convenience on their path to another destination.
As presented in Section 8.1 of the TIA Report, the intersection of Golf Center Parkway/Lorraine Street at Highway 111 currently operates at an unacceptable level of service (LOS) during the AM and PM peak hours. The
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 256 of 552 Ms. Christina Willis
February 24, 2025
remaining seven (7) key study intersections currently operate at acceptable levels of service during the AM and PM peak hours.
As presented in Sections 8.2 and 9.1 of the TIA Report, one (1) of the eight (8) key study intersections (i.e. Golf Center Parkway/Lorraine Street at Highway 111) is forecast to continue to operate at an unacceptable level of service (LOS) with the addition of Project traffic based on City of Indio LOS standards. The remaining seven (7) key study intersections are forecast to operate at acceptable levels of service during the AM and PM peak hours under Existing With Ambient Growth With Project traffic conditions and Existing With Ambient Growth With Project With Cumulative Projects traffic conditions.
The TIA Report identified an improvement (i.e. traffic signal modification) to offset the cumulative impact at the intersection of Golf Center Parkway/Lorraine Street at Highway 111 and also identified the respective project fair share contribution towards the recommended improvement.
Given that the City of Indio does not have its own Vehicle Miles Traveled (VMT) guidelines , the County of Riverside Transportation Analysis Guidelines for Level of Service, Vehicle Miles Traveled (dated December 2020) was utilized for the VMT analysis. Based on the County’s guidelines, the proposed Project satisfies the Small Projects and Local Serving Retail screening criteria. Therefore, th e proposed Project could be screened from a VMT analysis, and could be presumed to have a less than significant impact on VMT per the County’s guidelines.
As required by the City of Indio, the proposed Project will be required to construct full off -site street improvements along its project frontages on Golf Center Parkway (east side) and Avenue 45 (north side) , including the construction/installation of sidewalks . The proposed Project will also be required to dedicate an additional 2 feet on the north side of Avenue 45 along the property frontage. Avenue 45 along the project frontage will also be required to be restriped with a two- way-left-turn-lane, two through lanes in each direction and no parking zone signs. A new full -access stop-controlled driveway located along Golf Center Parkway, directly opposite the driveway across the street and a new full -access stop-controlled driveway located along Avenue 45 will be constructed by the proposed Project.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 257 of 552 Ms. Cynthia Hernandez
February 27, 2025
Attachment B – Air Quality Specialist Response
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 258 of 552
P.O. Box 1956, Vista, CA 92085 | (760) 712-2199 | www.birdseyeplanninggroup.com February 24, 2025
Christina Willis, President
Willis Environmental Planning
238 Sychar Road
San Diego, CA 92114
SUBJECT: Planning Commission Comment Responses Regarding Air Quality/Greenhouse Gas Emissions for the Maverik Travel Center, Indio, CA
Dear Ms. Willis;
Birdseye Planning Group (BPG) is pleased to submit the following material in response to Planning Commission comments on the Maverik Travel Center project in the City of Indio, Riverside County, California. The proposed travel center would be located on a 3.8-acre portion of an 8-acre site located at the northeast corner of Golf Center Parkway/Avenue 45 intersection. The following identifies the Planning Commission comment and our responses:
Comment – The Planning Commission made the point that the project is identified by CalEPA Screening Tool as a “disadvantaged community. Please describe why CEQA does not require analyses to consider communities identified by CalEPA Screening Tool.
Response: In 2012, Senate Bill (SB) 535 (De León, Chapter 830, Statutes of 2012) established initial requirements for minimum funding levels to “Disadvantaged Communities” (DACs). The legislation also gives California Environmental Protection Agency (CalEPA) the responsibility for identifying those communities, stating that CalEPA’s designation of disadvantaged communities must be based on geographic, socioeconomic, public health and environmental hazard criteria. Disadvantaged communities, for the purpose of SB 535, are defined as areas with high amounts of pollution and low populations, and federally recognized tribal areas as identified by the Census in the 2021 American Indian Areas Related National Geodatabase. Disadvantaged communities in California are specifically targeted for investment of proceeds from the state’s Cap-and-Trade Program. These investments are aimed at improving public health, quality of life and economic opportunity in affected communities while reducing pollution that causes climate change. The investments are authorized by the California Global Warming Solutions Act of 2006 (Assembly Bill 32, Nunez, 2016).
In May 2022, CalEPA released its updated designation of disadvantaged communities for the purpose of SB 535 compliance. As stated, the community located within Census Tract 6065045303, which includes the project site and surrounding area, is designated as a disadvantaged community.
With respect to California Environmental Quality Act (CEQA) compliance, the air quality and greenhouse gas analyses follow the methodology prescribed by the California Air Resources Board and the air quality management districts/air pollution control districts, that oversee air quality
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 259 of 552 Christina Willis
Willis Environmental Planning
February 24, 2025
BIRDSEYE PLANNING GROUP
P.O. Box 1956, Vista, CA 92085 | (760) 712-2199 | www.birdseyeplanninggroup.com planning and regulatory compliance within the eleven California air basins. The project site is located within the South Coast Air Basin; and thus, is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Air quality impact analyses performed for CEQA compliance within the SCAB must conform to the methodologies recommended in the SCAQMD’s CEQA Air Quality Handbook (1993). The handbook includes thresholds for emissions associated with both construction and operation of proposed projects. These include daily thresholds for criteria pollutant emissions during project construction and operation. In addition to the standards and methodology contained within the 1993 handbook referenced above, the SCAQMD has also adopted Localized significance thresholds (LST’s) in response to Governing Board’s Environmental Justice Enhancement Initiative I-4. LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOx), carbon monoxide (CO), particulate matter less than 10 microns in aerodynamic diameter (PM 10) and
particulate matter less than 2.5 microns in aerodynamic diameter (PM2.5). LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor. In addition to calculating daily construction and operational emissions for the proposed project, construction and operational LST evaluations were also performed and discussed in the Maverik Fueling Station and Convenience Store Air Quality/Greenhouse Gas Report (Birdseye Planning Group, LLC, (July 2024). Further, because the project contains a fueling component, cancer risk estimates have been made consistent with the methodology presented in SCAQMD’s Risk Assessment Procedures for Rules 1401, 1401.1 & 212 which provide screening-level risk estimates for gasoline dispensing operations. These findings are also reported in the above-referenced technical report.
The scope of the air quality and greenhouse gas impact analyses performed for CEQA impact analyses are unrelated to a Disadvantaged Communities designation. The analyses address potential impacts to the closest sensitive properties consistent with the SCAQMD methodology discussed above. Thus, while not specifically stated, the air quality and greenhouse gas analyses did address potential impacts to sensitive properties located within the adjacent Disadvantaged Community using the same methods, standards and thresholds as is used for all sensitive properties.
Comment. There are two vulnerable receptors located near the project – a school and low-income housing project. Those people would be negatively impacted if the project is to move forward.
Response. The Amistad Continuation High School is located approximately 1,000 feet northwest of the site. The Palo Verde Apartments are located approximately 1,100 feet generally west of the site.
The air quality analysis was performed using the most current version of the CARB California Emission Estimator Model (CalEEMOd 2022.1. The daily emissions calculations estimate emissions from both construction and operation of the project. These calculations are compared to the daily emission thresholds. As stated, these calculations are performed for the project and do not involve specific receivers. Neither project construction nor operation would exceed the daily emission standards.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 260 of 552 Christina Willis
Willis Environmental Planning
February 24, 2025
BIRDSEYE PLANNING GROUP
P.O. Box 1956, Vista, CA 92085 | (760) 712-2199 | www.birdseyeplanninggroup.com The LST analysis was performed consistent with the SCAQMD methodology for the closest receivers using the standards for 200 meters as shown in Tables 5 and 7 of the technical report. The LSTs were not exceeded for either construction nor operation. See Tables 6 and 8 of the technical report. The health risk screening procedure was conducted for the proposed fueling station. The estimated cancer risk to sensitive and commercial receptors from the proposed gasoline dispensing station would be
0.337 in one million and 0.413 in one million, respectively. The threshold of significance is 10 in one million. Residents of the Palo Verde Apartments and students, teachers and faculty at the Amistad Continuation High School would not be adversely affected by air emissions associated with construction and operation of the proposed project.
With respect to greenhouse emissions, these are estimated for individual projects and compared to a threshold recommended by SCAQMD. Greenhouse Gas emissions are evaluated cumulatively and the focus of discussions related to Global Climate Change rather than potential public health impacts.
The threshold of significance typically used for non-industrial projects in the SCAB, is 3,000 metric tons (MT) of carbon dioxide equivalent (CO
2e) emissions annually. Projects generating less than that are considered to have a less than significant cumulative effect on Global Climate Change. Project emissions would be less than the standard; thus, emissions were determined to be less than significant for CEQA purposes.
If you have questions or would like more information, please contact us via email at [email protected] or call 760-712-2199.
Regards,
Ryan Birdseye
Principal
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 261 of 552 Ms. Cynthia Hernandez
February 27, 2025
Attachment C – Maverik Economic Impact Analysis
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 262 of 552 Economic Impact to the Region
Initial construction of Maverik is anticipated to cost approximately $16 million. This is inclusive of site work, storage tanks, utilities, superstructure and equipment. In terms of construction, based on the developer budget, the project will employ the equivalent of 41 persons during the construction phase. In total, about $6.8 million is projected in direct and indirect construction labor (on and off site). The economic multiplier for construction labor is 1.1328. This means that for each dollar spent on labor to construct the facility it is anticipated that an additional 13 cents are spent within the economy as that dollar circulates. In total, it is projected that the economic impact of construction labor will be about $7.7 million. Note this includes both onsite and offsite labor.
Additionally, $10.2 million in material purchases are anticipated to construct the consumer/commercial fueling station, certified scales and convenience store. Obviously only a small portion of the material purchases will come from within the City and local vendors, as most items used in the construction of a fueling station / convenience store are manufactured outside the region. Maverik has examined what materials may come directly from local vendors and we have determined that such items as aggregate and cement/concrete will likely come from within the region. Thus, for the purpose of alculating the potential impact of the development of the project, we are estimating that 5% of the overall materials purchased may come from within the region. This would equate to about $510,000 dollars being spent within the region on materials during the construction period.
In applying an economic multiplier of 1.1654 for construction material purchases, the overall economic impact of material purchases within the region is anticipated to be about $594,000 dollars over the same period.
At build-out Maverik will employ a projected full-time equivalent of 15 people. Over the life of the facility, operational labor is estimated to have a $57.5 million economic impact on the regional economy. It is also anticipated that there will be some additional contract services required for the operation and maintenance of the facility. Attached Exhibit B provides the scheduled calculations along with scheduled and multipliers.
It is calculated that the construction and operation of Maverik project will have an overall economic impact to the Region of about $65.8 million over the thirty (30) year period of construction and operation.
Tax Revenue Impact
The City will also receive Sales & Use Tax from the sale of fuel and taxable items in the convenience store. Exhibit C describes the projected sales volumes. To begin, Maverik anticipates selling about 6 million gallons of fuel in its first operational year. While fuel prices can be volatile, the five (5) year average cost of fuel (gasoline and diesel) in California is about $4.50 per gallon. Based on this volume and price, the City would receive a total of $629,100 of Sales & Use Tax from the sale of fuel. Additionally, the convenience store is expected to generate an additional $41,940 in Sales & Use Tax to the City during its first full year of operation. In total, operational Sales & Use Tax is expected to be $671,040 in Year 1.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 263 of 552 # Year CPI %
1 1994 2.6
2 1995 2.8
3 1996 3.0
4 1997 2.3
5 1998 1.6
6 1999 2.2
7 2000 3.4
8 2001 2.8
9 2002 1.6
10 2003 2.3
11 2004 2.7
12 2005 3.4
13 2006 3.2
14 2007 2.8
15 2008 3.8
16 2009 -0.4
17 2010 1.6
18 2011 3.2
19 2012 2.1
20 2013 1.5
21 2014 1.6
22 2015 0.1
23 2016 1.3
24 2017 2.1
25 2018 1.9
26 2019 2.3
27 2020 1.4
28 2021 7.0
29 2022 6.5
30 2023 3.4
Gross 76.1
Average 2.5367
Exhibit A
Consumer Price Index Calculation (30-Years) 1994-2023
Average Increase in Consumer Prices = 2.5367% annually
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 264 of 552 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Short Term Economic Impacts
Construction Labor $6,800,000
Economic Multiplier Rate 1.1328
Economic Impact of Labor (Annually) $7,703,040
Construction Materials $10,200,000
Local Purchase Materials (5%) 0.05
Projected Purchase of Materials Locally $510,000
Economic Multiplier Rate 1.1654
Local Impact (Annually) $594,354
Long Term Economic Impacts
Operational Labor $752,500 $790,125 $829,631 $871,113 $914,668 $960,402 $1,008,422 $1,058,843 $1,111,785 $1,167,374 Economic Multiplier Rate 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 Economic Impact of Labor (Annually) $865,450 $908,723 $954,159 $1,001,867 $1,051,960 $1,104,558 $1,159,786 $1,217,775 $1,278,664 $1,342,597 Aggregate of Impacts (Annual) $9,162,844 $908,723 $954,159 $1,001,867 $1,051,960 $1,104,558 $1,159,786 $1,217,775 $1,278,664 $1,342,597 Cumulative of Impacts (Cumulative) $9,162,844 $10,071,567 $11,025,726 $12,027,593 $13,079,553 $14,184,111 $15,343,897 $16,561,673 $17,840,337 $19,182,934 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 Operational Labor $1,225,743 $1,287,030 $1,351,382 $1,418,951 $1,489,899 $1,564,393 $1,642,613 $1,724,744 $1,810,981 $1,901,530 Economic Multiplier Rate 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 Economic Impact of Labor (Annually) $1,409,727 $1,480,214 $1,554,224 $1,631,936 $1,713,532 $1,799,209 $1,889,169 $1,983,628 $2,082,809 $2,186,950 Aggregate of Impacts (Annual) $1,409,727 $1,480,214 $1,554,224 $1,631,936 $1,713,532 $1,799,209 $1,889,169 $1,983,628 $2,082,809 $2,186,950 Cumulative of Impacts (Cumulative) $20,592,662 $22,072,875 $23,627,099 $25,259,035 $26,972,567 $28,771,776 $30,660,946 $32,644,573 $34,727,383 $36,914,332 Year 21 Year 22 Year 23 Year 24 Year 25 Year 26 Year 27 Year 28 Year 29 Year 30 Operational Labor $1,996,607 $2,096,437 $2,201,259 $2,311,322 $2,426,888 $2,548,232 $2,675,644 $2,809,426 $2,949,897 $3,097,392 Economic Multiplier Rate 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 1.1501 Economic Impact of Labor (Annually) $2,296,297 $2,411,112 $2,531,668 $2,658,251 $2,791,164 $2,930,722 $3,077,258 $3,231,121 $3,392,677 $3,562,311 Aggregate of Impacts (Annual) $2,296,297 $2,411,112 $2,531,668 $2,658,251 $2,791,164 $2,930,722 $3,077,258 $3,231,121 $3,392,677 $3,562,311 Cumulative of Impacts (Cumulative) $39,210,629 $41,621,741 $44,153,409 $46,811,660 $49,602,824 $52,533,545 $55,610,803 $58,841,924 $62,234,601 $65,796,911 Notes:
1. Construction Completion Estimated in Year 1
2. Construction Labor = 40% of Capital Expenditures
3. Construction Materials = 60% of Capital Expenditures
4. Labor Burden Calculated at 25%
5. Labor Costs Scheduled at 5% Annual Increases
Exhibit B
Construction/Operational Economic Impacts: (Years 1-30) Maverik, Inc
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 265 of 552 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 1 Construction Phase
2 Construction Materials (Total Amount) $10,200,000
3 Base 1% Local Sales Tax $102,000
4 Public Health Allocation of Sales Tax .50% $51,000
5 Public Safety Allocation of Sales Tax .50% $51,000
6 Transportation-Regional Measure D Sales Tax (.50%) 33% $16,830 7 Total Sales Taxes Collected Benefit of City $220,830 8 Property & Sales Taxes+ Benefit Fee (Operation)
9 Projected Assessed Valuation (Land) $1,500,000 $1,530,000 $1,560,600 $1,591,812 $1,623,648 $1,656,121 $1,689,244 $1,723,029 $1,757,489 $1,792,639 10 Capital Improvements (Facility, Pumps, Storage, Canopy) $17,000,000 $17,340,000 $17,686,800 $18,040,536 $18,401,347 $18,769,374 $19,144,761 $19,527,656 $19,918,209 $20,316,574 11 Total Assessed Valuation of Facility for Property Tax Purposes $18,500,000 $18,870,000 $19,247,400 $19,632,348 $20,024,995 $20,425,495 $20,834,005 $21,250,685 $21,675,699 $22,109,213 12 Base 1% Property Tax Amount $185,000 $188,700 $192,474 $196,323 $200,250 $204,255 $208,340 $212,507 $216,757 $221,092 13 Public Benefit Fee (Conversion of Agriculture) $6,000 $6,152 $6,308 $6,468 $6,632 $6,801 $6,973 $7,150 $7,331 $7,517 14 Fuel Volume (Gallons) 6000000 6120000 6242400 6367248 6494593 6624485 6756975 6892114 7029956 7170555 15 Blended Estimated Price Per Gallon (Retail) ($4.50) $27,000,000 $27,540,000 $28,090,800 $28,652,616 $29,225,668 $29,810,182 $30,406,385 $31,014,513 $31,634,803 $32,267,499 16 Estimated Sales & Use Tax Net to City (2.33%) $629,100 $641,682 $654,516 $667,606 $680,958 $694,577 $708,469 $722,638 $737,091 $751,833 17 Taxable Sales Convenience Store $1,800,000 $1,845,661 $1,892,479 $1,940,486 $1,989,710 $2,040,183 $2,091,937 $2,145,003 $2,199,415 $2,255,208 18 Estimated Sales & Use Tax Net to City (2.33%) $41,940 $43,004 $44,095 $45,213 $46,360 $47,536 $48,742 $49,979 $51,246 $52,546 19 Gross Tax Revenue to City $1,082,870 $879,538 $897,393 $915,611 $934,201 $953,169 $972,524 $992,274 $1,012,426 $1,032,989 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 20 Projected Assessed Valuation (Land) $1,828,492 $1,865,061 $1,902,363 $1,940,410 $1,979,218 $2,018,803 $2,059,179 $2,100,362 $2,142,369 $2,185,217 21 Capital Improvements (Facility, Pumps, Storage, Canopy) $20,722,905 $21,137,363 $21,560,111 $21,991,313 $22,431,139 $22,879,762 $23,337,357 $23,804,104 $24,280,186 $24,765,790 22 Total Assessed Valuation of Facility for Property Tax Purposes $22,551,397 $23,002,425 $23,462,473 $23,931,723 $24,410,357 $24,898,564 $25,396,536 $25,904,466 $26,422,556 $26,951,007 23 Base 1% Property Tax Amount $225,514 $230,024 $234,625 $239,317 $244,104 $248,986 $253,965 $259,045 $264,226 $269,510 24 Public Benefit Fee (Conversion of Agriculture) $7,708 $7,904 $8,104 $8,310 $8,520 $8,737 $8,958 $9,185 $9,418 $9,657 25 Fuel Volume (Gallons) 7313967 7460246 7609451 7761640 7916873 8075210 8236714 8401449 8569477 8740867 26 Blended Estimated Price Per Gallon (Retail) ($4.50) $32,912,849 $33,571,106 $34,242,528 $34,927,379 $35,625,927 $36,338,445 $37,065,214 $37,806,518 $38,562,649 $39,333,902 27 Estimated Sales & Use Tax Net to County (2.33%) $766,869 $782,207 $797,851 $813,808 $830,084 $846,686 $863,619 $880,892 $898,510 $916,480 28 Taxable Sales Convenience Store $2,312,415 $2,371,075 $2,431,222 $2,492,894 $2,556,132 $2,620,973 $2,687,459 $2,755,632 $2,825,534 $2,897,209 29 Estimated Sales & Use Tax Net to County (2.33%) $53,879 $55,246 $56,647 $58,084 $59,558 $61,069 $62,618 $64,206 $65,835 $67,505 30 Gross Tax Revenue to City $1,053,971 $1,075,381 $1,097,227 $1,119,519 $1,142,266 $1,165,477 $1,189,161 $1,213,328 $1,237,989 $1,263,152 Year 21 Year 22 Year 23 Year 24 Year 25 Year 26 Year 27 Year 28 Year 29 Year 30 31 Projected Assessed Valuation (Land) $2,228,921 $2,273,500 $2,318,970 $2,365,349 $2,412,656 $2,460,909 $2,510,127 $2,560,330 $2,611,536 $2,663,767 32 Capital Improvements (Facility, Pumps, Storage, Canopy) $25,261,106 $25,766,328 $26,281,654 $26,807,287 $27,343,433 $27,890,302 $28,448,108 $29,017,070 $29,597,412 $30,189,360 33 Total Assessed Valuation of Facility for Property Tax Purposes $27,490,027 $28,039,827 $28,600,624 $29,172,636 $29,756,089 $30,351,211 $30,958,235 $31,577,400 $32,208,948 $32,853,127 34 Base 1% Property Tax Amount $274,900 $280,398 $286,006 $291,726 $297,561 $303,512 $309,582 $315,774 $322,089 $328,531 35 Public Benefit Fee $9,902 $10,154 $10,411 $10,675 $10,946 $11,224 $11,508 $11,800 $12,100 $12,407 36 Fuel Volume (Gallons) 8915684 9093998 9275878 9461396 9650623 9843636 10040509 10241319 10446145 10655068 37 Blended Estimated Price Per Gallon (Retail) ($4.50) $40,120,580 $40,922,991 $41,741,451 $42,576,280 $43,427,806 $44,296,362 $45,182,289 $46,085,935 $47,007,654 $47,947,807 38 Estimated Sales & Use Tax Net to City (2.33%) $934,810 $953,506 $972,576 $992,027 $1,011,868 $1,032,105 $1,052,747 $1,073,802 $1,095,278 $1,117,184 39 Taxable Sales Convenience Store $2,970,703 $3,046,061 $3,123,330 $3,202,560 $3,283,799 $3,367,099 $3,452,512 $3,540,092 $3,629,894 $3,721,973 40 Estimated Sales & Use Tax Net to City (2.33%) $69,217 $70,973 $72,774 $74,620 $76,513 $78,453 $80,444 $82,484 $84,577 $86,722 41 Gross Tax Revenue $1,288,829 $1,315,031 $1,341,767 $1,369,049 $1,396,887 $1,425,294 $1,454,282 $1,483,861 $1,514,044 $1,544,844 42 Total Projected Sales Taxes $27,594,294 43 Total Projected Public Benefit Fee $264,962 44 Total Projected Gross Property Taxes $7,505,095 45 Total Gross Income $35,364,351 Notes:
1. $17 million Capital Expenditure Budget 4. Blended Gasoline / Diesel Price Estimated Constant $4.50 Per Gallon 7.* Projected Gross Property Taxes is NOT Net
2. Land Assessed Value scheduled to increase in value 2% per year 5. Total Site Size: 3.5 Acres 8. All Land Considered Agriculture Land for Public Benefit Fee Purposes
3. Facility Assessed Valuation scheduled to increase in value by 2% per year 6. All Parcels total 8.5 Acres Exhibit C
Governmental Revenues: (Years 1-30)
Maverik, Inc
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 266 of 552 Ms. Cynthia Hernandez
February 27, 2025
Attachment D - Retail Demand Outlook (Gap Analysis)
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 267 of 552 Retail Demand Outlook
Indio city, CA (0636448) Prepared by Esri
Indio Region
Geography:Client Community
Top Tapestry Segments Percent Demographic Summary 2024 2029 Up and Coming Families (7A) 19.8% Population 91,386 93,442 Urban Edge Families (7C) 16.3% Households 29,817 30,756 Family Extensions (13B) 11.6% Families 22,136 22,837
Southwestern Families (7F) 9.7% Median Age 38.6 39.3
Silver & Gold (9A) 7.1% Median Household Income $67,937 $80,401 2024 2029 Projected
Consumer Spending Forecasted Demand Spending Growth
Apparel and Services $61,884,345 $75,602,891 $13,718,546 Men's $11,399,280 $13,925,819 $2,526,539
Women's $20,982,984 $25,637,540 $4,654,556
Children's $9,543,377 $11,659,732 $2,116,355
Footwear $13,526,640 $16,523,763 $2,997,123
Watches & Jewelry $5,186,999 $6,335,307 $1,148,308
Apparel Products and Services (1) $1,245,065 $1,520,730 $275,665 Computer
Computers and Hardware for Home Use $7,078,742 $8,650,847 $1,572,105 Portable Memory $100,576 $122,953 $22,377
Computer Software $405,664 $495,606 $89,942
Computer Accessories $621,775 $760,204 $138,429
Entertainment & Recreation $105,072,865 $128,532,417 $23,459,552 Fees and Admissions $19,852,998 $24,301,699 $4,448,701
Membership Fees for Clubs (2) $7,006,201 $8,573,704 $1,567,503 Fees for Participant Sports, excl. Trips $3,250,951 $3,982,321 $731,370 Tickets to Theatre/Operas/Concerts $1,897,833 $2,322,612 $424,779 Tickets to Movies $683,951 $836,351 $152,400
Tickets to Parks or Museums $988,165 $1,208,930 $220,765 Admission to Sporting Events, excl. Trips $1,599,317 $1,958,254 $358,937 Fees for Recreational Lessons $4,406,377 $5,394,897 $988,520 Dating Services $20,204 $24,630 $4,426
TV/Video/Audio $35,095,022 $42,890,232 $7,795,210
Cable and Satellite Television Services $19,888,332 $24,305,997 $4,417,665 Televisions $3,944,321 $4,820,850 $876,529
Satellite Dishes $36,979 $45,094 $8,115
VCRs, Video Cameras, and DVD Players $138,282 $168,946 $30,664 Miscellaneous Video Equipment $1,000,009 $1,217,706 $217,697 Video Cassettes and DVDs $153,341 $187,540 $34,199
Video Game Hardware/Accessories $1,160,950 $1,418,242 $257,292 Video Game Software $482,920 $589,815 $106,895
Rental/Streaming/Downloaded Video $4,502,396 $5,504,370 $1,001,974 Installation of Televisions $32,979 $40,435 $7,456
Audio (3) $3,710,997 $4,538,082 $827,085
Rental and Repair of TV/Radio/Sound Equipment $43,516 $53,155 $9,639 Pets $26,427,206 $32,320,882 $5,893,676
Toys/Games/Crafts/Hobbies (4) $4,457,416 $5,452,092 $994,676 Recreational Vehicles and Fees (5) $4,811,724 $5,898,837 $1,087,113 Sports/Recreation/Exercise Equipment (6) $8,294,808 $10,168,331 $1,873,523 Photo Equipment and Supplies (7) $1,456,343 $1,780,821 $324,478 Reading (8) $3,659,260 $4,474,989 $815,729
Catered Affairs (9) $1,018,089 $1,244,533 $226,444
Food $297,983,487 $364,070,601 $66,087,114
Food at Home $191,997,822 $234,570,870 $42,573,048
Bakery and Cereal Products $24,188,926 $29,556,089 $5,367,163 Meats, Poultry, Fish, and Eggs $42,307,294 $51,670,951 $9,363,657 Dairy Products $18,177,943 $22,215,598 $4,037,655
Fruits and Vegetables $38,217,751 $46,684,479 $8,466,728 Snacks and Other Food at Home (10) $69,105,909 $84,443,753 $15,337,844 Food Away from Home $105,985,665 $129,499,731 $23,514,066 Alcoholic Beverages $16,528,090 $20,199,536 $3,671,446
Data Note: The Consumer Spending data is household-based and represents the amount spent for a product or service by all households in an area. Detail may not sum to totals due to rounding. This report is not a comprehensive list of all consumer spending variables therefore the variables in each section may not sum to totals.
Source: Esri forecasts for 2024 and 2029; Consumer Spending data are derived from the 2021 and 2022 Consumer Expenditure Surveys, Bureau of Labor Statistics.
February 12, 2025
©2025 Esri Page 1 of 3
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 268 of 552 Retail Demand Outlook
Indio city, CA (0636448) Prepared by Esri
Indio Region
Geography:Client Community
2024 2029 Projected
Consumer Spending Forecasted Demand Spending Growth
Financial
Value of Stocks/Bonds/Mutual Funds $1,079,672,134 $1,321,727,619 $242,055,485 Value of Retirement Plans $3,790,783,881 $4,643,142,434 $852,358,553 Value of Other Financial Assets $233,460,730 $285,746,688 $52,285,958 Vehicle Loan Amount excluding Interest $94,641,803 $115,750,260 $21,108,457 Value of Credit Card Debt $73,631,689 $90,019,858 $16,388,169 Health
Nonprescription Drugs $4,733,303 $5,790,205 $1,056,902
Prescription Drugs $9,744,635 $11,920,713 $2,176,078
Eyeglasses and Contact Lenses $3,109,628 $3,803,544 $693,916 Home
Mortgage Payment and Basics (11) $350,405,383 $428,925,491 $78,520,108 Maintenance and Remodeling Services $122,328,072 $149,862,746 $27,534,674 Maintenance and Remodeling Materials (12) $21,895,100 $26,829,730 $4,934,630 Utilities, Fuel, and Public Services $156,718,144 $191,501,725 $34,783,581 Household Furnishings and Equipment
Household Textiles (13) $3,481,442 $4,253,132 $771,690
Furniture $24,852,355 $30,394,678 $5,542,323
Rugs $1,109,372 $1,356,441 $247,069
Major Appliances (14) $15,658,468 $19,150,663 $3,492,195 Housewares (15) $2,880,395 $3,520,402 $640,007
Small Appliances $2,254,518 $2,752,040 $497,522
Luggage $512,688 $626,936 $114,248
Telephones and Accessories $2,737,912 $3,342,660 $604,748 Household Operations
Child Care $13,152,238 $16,093,979 $2,941,741
Lawn and Garden (16) $17,718,022 $21,689,691 $3,971,669 Moving/Storage/Freight Express $3,212,999 $3,925,987 $712,988 Housekeeping Supplies (17) $24,244,197 $29,627,445 $5,383,248 Insurance
Owners and Renters Insurance $21,450,245 $26,247,129 $4,796,884 Vehicle Insurance $58,055,568 $70,920,761 $12,865,193
Life/Other Insurance $16,615,129 $20,335,669 $3,720,540 Health Insurance $129,085,358 $157,859,316 $28,773,958
Personal Care Products (18) $14,975,328 $18,295,040 $3,319,712 School Books (19) $1,047,148 $1,279,436 232,288
Smoking Products $11,534,195 $14,083,566 $2,549,371
Transportation
Payments on Vehicles excluding Leases $78,771,763 $96,321,846 $17,550,083 Gasoline and Motor Oil $91,010,245 $111,186,657 $20,176,412 Vehicle Maintenance and Repairs $39,224,288 $47,956,329 $8,732,041 Travel
Airline Fares $16,881,392 $20,648,714 $3,767,322
Lodging on Trips $24,538,503 $30,025,593 $5,487,090
Auto/Truck Rental on Trips $2,837,918 $3,472,250 $634,332 Food and Drink on Trips $18,771,792 $22,966,266 $4,194,474 Data Note: The Consumer Spending data is household-based and represents the amount spent for a product or service by all households in an area. Detail may not sum to totals due to rounding. This report is not a comprehensive list of all consumer spending variables therefore the variables in each section may not sum to totals.
Source: Esri forecasts for 2024 and 2029; Consumer Spending data are derived from the 2021 and 2022 Consumer Expenditure Surveys, Bureau of Labor Statistics.
February 12, 2025
©2025 Esri Page 2 of 3
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 269 of 552 Retail Demand Outlook
Indio city, CA (0636448) Prepared by Esri
Indio Region
Geography:Client Community
(1) Apparel Products and Services includes shoe repair and other shoe services, apparel laundry and dry cleaning, alteration, repair and tailoring of apparel, clothing rental and storage, and watch and jewelry repair.
(2) Membership Fees for Clubs includes membership fees for social, recreational, and health clubs. (3) Audio includes satellite radio service, radios, stereos, sound components, equipment and accessories, digital audio players, records, CDs, audio tapes, streaming/downloaded audio, musical instruments and accessories, and rental and repair of musical instruments. (4) Toys and Games includes toys, games, arts and crafts, tricycles, playground equipment, arcade games, online entertainment and games, and stamp and coin collecting. (5) Recreational Vehicles & Fees includes docking and landing fees for boats and planes, payments on boats, trailers, campers and RVs, rental of boats, trailers, campers and RVs, and camp fees.
(6) Sports/Recreation/Exercise Equipment includes exercise equipment and gear, game tables, bicycles, camping equipment, hunting and fishing equipment, winter sports equipment, water sports equipment, other sports equipment, and rental/repair of sports/recreation/exercise equipment. (7) Photo Equipment and Supplies includes film, film processing, photographic equipment, rental and repair of photo equipment, and photographer fees. (8) Reading includes digital book readers, books, magazine and newspaper subscriptions, and single copies of magazines and newspapers. (9) Catered Affairs includes expenses associated with live entertainment and rental of party supplies. (10) Snacks and Other Food at Home includes candy, chewing gum, sugar, artificial sweeteners, jam, jelly, preserves, margarine, fats and oils, salad dressing, nondairy cream and milk, peanut butter, frozen prepared food, potato chips and other snacks, nuts, salt, spices, seasonings, olives, pickles, relishes, sauces, gravy, other condiments, soup, prepared salad, prepared dessert, baby food, miscellaneous prepared food, and nonalcoholic beverages. (11) Mortgage Payment and Basics includes mortgage interest, mortgage principal, property taxes, homeowners insurance, and ground rent on owned dwellings. (12) Maintenance and Remodeling Materials includes supplies/tools/equipment for painting and wallpapering, plumbing supplies and equipment, electrical/heating/AC supplies, materials for roofing/gutters, materials for plaster/panel/siding, materials for patio/fence/brick work, landscaping materials, and insulation materials for owned homes.
(13) Household Textiles includes bathroom linens, bedroom linens, kitchen linens, dining room linens, other linens, curtains, draperies, slipcovers and decorative pillows. (14) Major Appliances includes dishwashers, disposals, refrigerators, freezers, washers, dryers, stoves, ovens, microwaves, window air conditioners, electric floor cleaning equipment, sewing machines, and miscellaneous appliances. (15) Housewares includes flatware, dishes, cups glasses, serving pieces, nonelectric cookware, and tableware. (16) Lawn and Garden includes lawn and garden supplies, equipment and care service, indoor plants, fresh flowers, and repair/rental of lawn and garden equipment. (17) Housekeeping Supplies includes soaps and laundry detergents, cleaning products, toilet tissue, paper towels, napkins, paper/plastic/foil products, stationery, giftwrap supplies, postage, and delivery services.
(18) Personal Care Products includes hair care products, nonelectric articles for hair, wigs, hairpieces, oral hygiene products, shaving needs, perfume, cosmetics, skincare, bath products, nail products, deodorant, feminine hygiene products, adult diapers, other miscellaneous care products and personal care appliances. (19) School Books includes school books for college, elementary school, high school, vocational/technical school, preschool and other schools.
Data Note: The Consumer Spending data is household-based and represents the amount spent for a product or service by all households in an area. Detail may not sum to totals due to rounding. This report is not a comprehensive list of all consumer spending variables therefore the variables in each section may not sum to totals.
Source: Esri forecasts for 2024 and 2029; Consumer Spending data are derived from the 2021 and 2022 Consumer Expenditure Surveys, Bureau of Labor Statistics.
February 12, 2025
©2025 Esri Page 3 of 3
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 270 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 271 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 272 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 273 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 274 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 275 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 276 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 277 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 278 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 279 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 280 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 281 of 552
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 282 of 552
CITY OF INDIO
Community Development Department
100 Civic Center Mall
Indio, CA 92201
(760) 391-4120
(760) 391-4027
FINAL ENVIRONMENTAL INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION
SCH No. 2024110193
Project Title Maverik Fueling Station
Case No. PLAN-PRD-24-0006;
PLAN-CUP-24-0001;
PLAN-TPM-24-0002 (Map No. 38916);
PLAN-ER-24-0006
Lead Agency
Name and Address
City of Indio
Community Development Department
100 Civic Center Mall
Indio, CA 92201
Property Owner/Developer Maverik, Inc.
c/o Kevin Deis
185 South State Street, Ste 800
Salt Lake City, UT 84111
Applicant: Maverik, Inc.
c/o Kevin Deis
185 South State Street, Ste 800
Salt Lake City, UT 84111
Engineer: SD Collaborative
245 E Third Street
Long Beach, CA 90802
Contact Person and Phone
Number
Brian Halvorson
Community Development Director
Community Development Department
(760) 391-4016
Project Location: Northeast corner of Avenue 45 and Golf Center Parkway APN:611-330-025
Zoning: Heavy Industrial (IH)
General Plan Designation Workplace and Employment District (WEP) Date Prepared December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 283 of 552
This page intentionally left blank.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 284 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio i December 2024
TABLE OF CONTENTS
SECTION PAGE
1.0 PROJECT DESCRIPTION ..............................................................................................1
1.1 Project Location .......................................................................................................1
1.2 Land Uses, Zoning and General Plan Designation ..................................................1
1.3 Site Characteristics...................................................................................................2
1.4 Project Description...................................................................................................3
1.5 Potential Consultation and Permitting Requirements ..............................................8
2.0 EVALUATION OF ENVIRONMENTAL IMPACTS .................................................25
2.1 Environmental Factors Potentially Affected ..........................................................25
2.2 Determination: .......................................................................................................25
3.0 ENVIRONMENTAL CHECKLIST AND DISCUSSION ...........................................26
3.1 AESTHETICS............................................................................................26
3.2 AGRICULTURAL AND FOREST RESOURCES. ..................................29
3.3 AIR QUALITY. .........................................................................................30
3.4 BIOLOGICAL RESOURCES. ..................................................................44
3.5 CULTURAL RESOURCES. .....................................................................50
3.6 ENERGY. ..................................................................................................58
3.7 GEOLOGY AND SOILS. .........................................................................62
3.8 GREENHOUSE GAS EMISSIONS. .........................................................70
3.9 HAZARDS AND HAZARDOUS MATERIALS. ....................................74
3.10 HYDROLOGY AND WATER QUALITY. ..............................................80
3.11 LAND USE AND PLANNING. ................................................................89
3.12 MINERAL RESOURCES. ........................................................................90
3.13 NOISE. .......................................................................................................91
3.14 POPULATION AND HOUSING. ...........................................................100
3.15 PUBLIC SERVICES. ..............................................................................101
3.16 RECREATION. .......................................................................................104
3.17 TRANSPORTATION / TRAFFIC. .........................................................105
3.18 TRIBAL CULTURAL RESOURCES. ....................................................112
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 285 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio ii December 2024
3.19 UTILITIES AND SERVICE SYSTEMS. ...............................................114
3.20 WILDFIRE. .............................................................................................117
3.21 MANDATORY FINDINGS OF SIGNIFICANCE .................................119
4.0 REFERENCES ...............................................................................................................121
5.0 PREPARERS..................................................................................................................125
FIGURES
FIGURE PAGE
Figure 1 Regional Location ......................................................................................10 Figure 2 Project Site .................................................................................................11 Figure 3 Proposed Site Plan .....................................................................................12 Figure 4 Proposed Floor Plan ...................................................................................13 Figure 5 Proposed Roof Plan....................................................................................14 Figure 6 Proposed Tentative Map ...........................................................................15 Figure 7 Building Perspectives (Front Left and Right) ............................................16 Figure 8 Building Elevations – East and South ........................................................17 Figure 9 Building Elevations - North and West .......................................................18 Figure 10 Exterior Materials Board............................................................................19 Figure 11 Fuel Dispensing Canopies..........................................................................20 Figure 12 Preliminary Landscaping Plan ...................................................................21 Figure 13 Utility Plan .................................................................................................22 Figure 14 Trash Enclosure Elevation .........................................................................23 Figure 15 Grading Plan ..............................................................................................24
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 286 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio iii December 2024
TABLES
TABLE PAGE
Table 1 Existing Land Uses, Zone Classification and General Plan Designation ....2 Table 2 Project Parking Summary ............................................................................5 Table 3 Proposed Ornamental Landscape Species ...................................................5 Table 4 Potential Consultation and Permitting Requirements ..................................8 Table 54 Federal and State Ambient Air Quality Standards .....................................33 Table 6 Estimated Maximum Mitigated Daily Construction Emissions ................33 Table 7 Estimated Operational Emissions ..............................................................40 Table 8 SCAQMD LSTs for Construction .............................................................42 Table 9 Unmitigated Construction LST Emissions ................................................42 Table 10 SCAQMD LSTs for Operation ..................................................................43 Table 11 Operational LST Emissions .......................................................................43 Table 12 Previously Recorded Cultural Resources within | a half mile radius of the Project Area .......................................................52 Table 13 Electricity Consumption In IID Service Area (2022) ...............................59 Table 14 Construction Worker Gasoline Demand ...................................................61 Table 15 Construction Equipment Diesel Demand ..................................................61 Table 16 Combined Annual Greenhouse Gas Emissions ........................................73 Table 17 Ambient Noise Levels ...............................................................................94 Table 18 Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibration Levels .................................................96 Table 19 Typical Maximum Construction Equipment Noise Levels .......................97 Table 20 Estimated Maximum Construction Noise Levels ......................................98 Table 21 Modeled Exterior Noise Levels .................................................................99 Table22 Project Trip Generation ...........................................................................110
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 287 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio iv December 2024
APPENDICES LIST
Appendix A Air Quality/Greenhouse Gas Analysis
Birdseye Planning Group, July 2024
Appendix B-1 Archaeological and Paleontological Resources Assessment Cogstone Resource Management, July 2024
Appendix B-2 AB-52 Consultation Invitation Letters
Appendix C Geotechnical Engineering Report
ECS Southwest, LLP, July 7, 2023
Appendix D Phase I Environmental Site Assessment Report, ESC Southwest, LLP, May 2023
Appendix E Preliminary Water Quality Management Plan
SDC, Inc., December 2023.
Appendix F Preliminary Hydrology and Hydraulics Study
SDC, Inc., December 2023
Appendix G Noise Analysis
Birdseye Planning Group, July 2024
Appendix H Traffic Study
Linscott Law & Greenspan, July 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 288 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 1 December 2024
1.0 PROJECT DESCRIPTION
1.1 Project Location
Maverik ™ (Applicant) is proposing to develop a fueling station and convenience store on a portion of an 8.62-acre parcel in the City of Indio California. The City of Indio (“City”) is located in central Riverside County, California, south of San Bernardino County, north of San Diego and Imperial counties, and east of Orange County. Surrounding cities include Coachella to the southeast and La Quinta to the southwest. The cities of Palm Desert and Indian Wells occur further to the southwest and west , respect ively. Properties in Riverside County that are not yet incorporated into a city boundary are scattered in the area. The general area is known geographically as the Coachella Valley, a northwest-southeast trending desert valley that constitutes the western end of the Colorado Desert which is surrounded by the Santa Rosa Mountains to the southwest, the San Bernardino Mountains and the San Gorgonio pass to the northwest, the Litle San Bernardino Mountains to the north and northeast, and the San Jacinto Mountains to the west.
Access to the Project site is provided by Interstate 10 (I -10), with the nearest on - and off-ramps being at I-10/Golf Center Parkway approximately 0.2 -mile to the northeast. The Bermuda Dunes Airport is located approximately four miles northwest of the site. The regional and local vicinity of the Project site are depicted on Figure 1, Regional Location, and Figure 2, Project Location.
Specifically, the Project site is located on the northeast corner of Avenue 45 and Golf Center Parkway, southwest of the Whitewater River, which is the primary stormwater conveyance channel for the City of Indio and the primary drainage course for the entire Coachella Valley from north of Palm Springs to the Salton Sea (City of Indio, General Plan Update EIR, Section 3.3.9.1, 2019b ).
The Project site is located on Assessor's Parcel Number (APN) 611 -330-025 within Section 24 of Township 5 South, Range 7 East, San Bernardino Base Meridian. The Maverik Fueling Station and Convenience Store Project (proposed Project or Project) would be developed on 3.37 -acre portion of the parcel, with the remainder of the parcel (5.26 acres) remaining undeveloped.
1.2 Land Uses, Zoning and General Plan Designation
The Project site is vacant, undeveloped and is designated as Workplace and Employment District (WEP) on the City's General Plan land use map and is zoned Heavy Industrial (IH) with a maximum permitted floor area ratio (FAR) of 1.0 (1). The WEP land use designation is intended to provide an area for a wide variety of employment-generating activity, including but not limited to industrial, light manufacturing, research and development, office, and supportive commercial (City of Indio General Plan Update, Table 3 -2: General Plan Place Types, 2019a). The Heavy
1 City of Indio Unified Development Code, Section 2.04.03 – Development Regulations.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 289 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 2 December 2024
Industrial (IH) zone is intended to accommodate manufacturing, processing, storage, and similar heavy industrial uses, including those which may create some objectionable conditions, and protect these areas from incompatible uses. This zone provides for ma nufacturing, 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 (City of Indio Unified Development Code, Article 2, Section 204 Non-Residential Zones, 2022). Fueling stations and convenience stores are allowable use s within the IH zone, upon issuance of a Conditional Use Permit (CUP). Existing land uses, Zoning and General Plan designations are provided on Table 1.
The Project site is generally bordered by urban development. The Whitewater River /Coachella Valley Stormwater Chanel, which is the primary stormwater conveyance channel for the City Indio and the primary drainage course for the entire Coachella Valley (City of Indio, General Plan Update EIR, Section 3.3.9.1, 2019b), is located more than 400 feet north and east of the Project site and is zoned Parks and Open Space (OS). To the southeast of the site is an existing multi-tenant building housing Best Auto Body, Juan’s Complete Auto & Smog, and Alba’s Auto Garage. This area is zoned IH. To the south, across Avenue 45, are a series of businesses in multiple buildings including Stotz Equipment, Yuma Auto Services, McIntyre Pools & Spas, and Zamora’s Smog Center; all of which are zoned IH. To the west, across Golf Center Parkway, is a 7-Eleven convenience store, and a series of businesses in multiple buildings, all of which are zoned Light Industrial (IL).
TABLE 1. EXISTING LAND USES, ZONE CLASSIFICATION AND GENERAL
PLAN DESIGNATION
Direction Existing Land Uses Zoning General Plan
Site Vacant IH WEP
North Commercial and Industrial IL WEP
South Industrial IH WEP
East Whitewater River/
Coachella Valley Stormwater Chanel
OS WEP
West Commercial and Industrial IL WEP
Notes: IH = Heavy Industrial WEP = Workplace and Employment District IL = Light Industrial OS = Parks and Open Space
1.3 Site Characteristics
The Project site is currently vacant and has been undeveloped since at least 1904 (ESC Southwest, Geotechnical Engineering Report Proposed Maverik Gas Station and Convenience Store , 2023a; Appendix C). It is relatively flat with an on‐site elevation of 28 feet below mean sea level (MSL)
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 290 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 3 December 2024
(ESC Southwest, Geotechnical Engineering Report Proposed Maverik Gas Station and Convenience Store, 2023a; Appendix C) and drains to Golf Center Parkway and Avenue 45 to the west and south.
The Project site contains minimal sparse shrubs and no trees. The Final Environmental Impact Report (EIR) for the City of Indio General Plan identifies the land cover at the Project site as “urban and rural disturbed” (City of Indio, General Plan Update, 2019a). No sidewalks are provided along the site borders; however, a pedestrian ramp has been installed at the intersection of Avenue 45 and Golf Center Parkway.
Aboveground utility poles are located along the south side of Avenue 45 in the vicinity of the project site. A single above ground pole is located along the north side of Avenue 45, just north of the Commerce Street intersection.
1.4 Project Description
The Project includes 10 fuel pumps (20 fueling positions) under a single canopy (totaling 7,214 square feet [SF]), a four lane diesel/ commercial vehicle fueling area with four fueling stations, and a 5,951 SF convenience store building. Additional improvements include three underground storage tanks (USTs) for fuel storage; a CAT (2) truck scale, trash enclosure, generator, a tire pressure air station, parking, landscaping, drainage, utility connections, and access improvements. The diesel/commercial vehicle fueling area would be located between the CAT scale and the underground storage tanks and would not be under a canopy. The fueling station would provide a combined maximum throughput of 8.5 million gallons of gasoline, diesel, and biofuel annually. The Proposed Site Plan, Floor Plan and Roof Plan are shown on Figures 3, Figure 4 and Figure 5, respectively.
The discretionary actions for this project include a tentative parcel map to subdivide the Maverik Fueling Station and Convenience Store site from the balance of the parcel ( Figure 6, Proposed Tentative Map ) and a Planning Review application. A Conditional Use Permit (CUP) is also required for the proposed fueling station and convenience store.
Gas Station and Convenience Store
The proposed Project would consist of the development of 10 fuel pumps (20 fueling positions) under a single canopy (totaling 7,214 square feet [SF]), a four lane diesel fueling area with four fueling stations, and a 5,951 SF convenience store building. Fuel storage would be located between the convenience store and the truck fueling area ( Figure 3, Site Plan ). The diesel/commercial vehicle fueling area would be located between the CAT scale and the underground storage tanks and would not be under a canopy. Fuel tanks include a 40,000-gallon unleaded tank and a 40,000 -
2 Certified Automated Truck Scale.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 291 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 4 December 2024
gallon three-way split tank that would contain 16,000 -gallons of biodiesel , 16,000-gallons of premium gasoline, and 8,000-gallons of DEF diesel additive. A 40,000-gallon diesel fuel tank would also be provided.
The proposed design of the convenience store is presented on Figure 7, Building Perspectives. The convenience store building would be 20 feet to the top of the parapet, and 29’ -1” to the top of the roof (See Figures 8 and 9, Building Elevations ). Roof top equipment would be screened by elevated and variable height parapets (Figure 5, Roof Plan). The front elevation of the convenience store would face the fuel dispensing canopy and contains the store’s primary entrance. The architecture of the proposed building features clean lines and varied parapet heights with materials that include glass, fiber board, and cultured stone (Figure 10, Exterior Materials Board).
The fueling station canopy will exhibit a clearance height of 16 feet and a maximum height of 19’-3” above grade ( Figure 11, Fuel Dispensing Canopy Elevations ). Materials of the canopy are proposed to consist of textured cement, painted plaster, and finished with neutral tones and colors.
Circulation and Parking
The Project proposes to dedicate to the City as additional right -of-way (ROW) approximately two feet of property adjacent to the north side of Avenue 45. This dedication would widen the Avenue 45 ROW along the project frontage to 84 feet to facilitate the widening and improvement of Avenue 45 in compliance with City of Indio’s cross section for a major arterial (City of Indio, General Plan Update Mobility Element Technical Report, 2019c). The Project includes the installation of all off site street improvements, including the east side of Golf Center Parkway.
Vehicular access would be provided via two ingress/egress drives; one along the north side of Avenue 45 aligned with Commerce Street, and one along the east side of Golf Center Parkway. The proposed access on Avenue 45 would be a 50 -foot driveway that woul d allow for a right -turn movement by vehicles accessing the site and a right- and left-turn movement by vehicles exiting the site (Figure 3, Site Plan). Proposed access on Golf Center Parkway would be a 40-foot driveway, aligned with the driveway on the west side of Golf Center Parkway. This driveway would provide for a right -turn movement by vehicles access ing the site and a right - and left-turn movement for vehicles exiting the site.
Two ADA-compliant curb ramps would be installed on either side of the Avenue 45 and the Golf Center Parkway driveways. Pedestrian sidewalks, five feet in width, curbs and gutters would also be installed along the southern and western borders of the gas station parcel along Avenue 45 and Golf Center Parkway, respectively.
Parking would be provided in four parking areas for a total of 38 -parking spaces, including two accessible spaces. No overnight parking would be allowed and parking within the fueling area would be limited to 30 minutes. A summary of project parking is provided on Table 2.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 292 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 5 December 2024
TABLE 2 PROJECT PARKING SUMMARY
Proposed Use Parking
Requirements (a)
Required Parking Proposed Parking
Regular ADA Van
Accessible (b) Regular ADA Van
Accessible (b)
Convenience
Store (1)
25 spaces
for first 5,000 SF 25
2 36 2 4 spaces /1,000 SF
above 5,000 SF 4
Fueling Station (2) 1 space/employee 5
Total 34 2 36 2
Notes:
(1) Required Parking based on “General Retail 5,000 sf to 25,000 SF.” (2) Required parking based on 15 proposed employees (Maximum of 5 employees per 8-hour shift).
Sources:
(a) City of Indio Unified Development Code, Section 3.03.05, Table 3.03.05-1. (b) Federal 2010 ADA Standards for Accessible Design, Table 208.2, Parking Standards. Available at:
https://www.ada.gov/law-and-regs/design-standards/2010-stds/#parking-spaces#section34
Landscaping, Lighting and Signage
The Project would provide landscaping, including trees, shrubs and groundcover, throughout the site as shown on Figure 12, Preliminary Landscape Plan , to meet the landscaping requirements outlined in Article 3, Section 3.02.09 of the City’s Unified Development Code. The specific trees and shrubs proposed for the Project are listed in Table 3 and are included on the list of drought tolerant plants identified in the Lush and Efficient Landscape Garding in Coachella Valley Guidelines (Coachella Valley Water Authority, Chapter 3, Success with Desert Plants, 2015).
TABLE 3 PROPOSED ORNAMENTAL LANDSCAPE SPECIES
Botanical Name Common Name
Tree Species
Chilopsis Linearis Desert Willow (24” Box Standard)
Lagerstroemia Indica Crape Myrtle “Natchez” (36” Box Multi Trunk)
Rhus Lancea African Sumac Willow (24” Box Standard)
Shrubs
Raphiolepsis Indica Clara (5 Gallon)
Salvia Greggii Red Salvia (5 Gallon)
Hesperaloe Parviflora Red Yucca (5 Gallon)
Caesalpinia Pulcherrima Red Bird Of Paradise (5 Gallon)
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 293 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 6 December 2024
TABLE 3 PROPOSED ORNAMENTAL LANDSCAPE SPECIES
Botanical Name Common Name
Leucophyllum Species Texas Ranger (5 Gallon)
Vines
Distictis Buccinatoria Blood Red Trumpet Vine (5 Gallon) Ground Cover
California Gold D.G. (1/2” – 3/4” diameter – 3 “ thick) Bio Retention Shrubs
Juncus Patens Common Rush (1 Galllon)
Ribes Viburnifolium Catalina Perfume (1 Galllon)
Source: SDC, Inc., 2024.
The Project would provide lighting for security and safety throughout the site. Adequate lighting would be provided along the driveways, under the fuel canopies, and outside the convenience store.
On-site lighting would be designed in compliance with the City’s Unified Development Code standards for outdoor lighting (Article 3, Section 3.02.11). Light fixtures would be designed, located, installed, directed downward or toward structures, fully shielded, and maintained to prevent glare, light trespass, and light pollution away from adjoining properties and public ROWs.
Utilities and Service Providers
Water and Sanitary Sewer Servies
The Project site would be serviced by Indio Water Authority and the Valley Sanitary District, respectively. Based on information supplied by Site Design Collaborative (SDC), the proposed Project is expected to require potable water at a rate of approximately 3,280.5 gallons per day (gpd) which equates to 3.677 acre-feet per year (AFY), including 4,448 gpd for l andscaping (4.99 AFY) for a total of 8.67 AFY.
Storm Drainage
The Project would install a bioretention basin in the southwest corner of the site (Figure 13, Utility Plan). The bioretention basin would be 3,792 SF in size, with a capacity (volume) of 23,1613 cubic feet (SDI, Inc., 2023, Appendix E). The bioretention basin will be designed to drain within 72 hours and would treat water before it is released into the existing City storm drain system within the Avenue 45 right -of-way located south of the Project site. No water will be released into the Coachella Valley Storm water channel, the Whitewater River or into the groundwater table. Storm drain catch basins, associated piping, and down spout connections to storm drainpipes would be installed throughout the site to route runoff to the bioretention basin.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 294 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 7 December 2024
Electrical and Natural Gas Services
Electric service would be provided to the Project site by the Imperial Irrigation District via underground electrical lines installed within Avenue 45 between the Project site and the existing utility pole the north side of Avenue 45, just north of the Commerce Street intersection (Figure 13, Utility Plan).
Natural gas service, if needed, would be provided by Southern California Gas Company. The Project would contract with third party utility companies for other utilities like telephone service (Frontier Communications), internet (Cable Spectrum), etc.
Solid Waste Disposal Services
As shown on the Proposed Site Plan (Figure 3), the Project would construct a new trash enclosure for the storage of trash and recyclable materials. The enclosure would be approximately 445 SF in size and 10’-11” in height and would be located along the southern boundary of the site, east of the convenience store (Figure 14, Trash Enclosure Elevations). The Project site would be served by Burrtec Waste and Recycling Services. Solid waste from the Project would be taken to the Indio/Coachella Valley Waste Transfer Station in Coachella Valley. The proposed trash enclosure will be sized to comply with Indio Unified Development Code section for enclosure standards (City of Indio Unified Development Code, Article 3, Section 3.02.08).
Construction and Grading
Construction for the Project is anticipated to last approximately six to eight months. All construction staging would occur within the bounds of the Project site. Grading and excavation would be required to create level buildings pads, as well as for installation of canopy footings, USTs, product piping, stormwater improvements, and utilities ( Figure 15, Grading Plan ). USTs would require excavation to depths of approximately 18 feet and would be installed with five to seven feet of cover.
Operations
The Maverik fueling station and convenience store would operate 24 hours a day, 365 days a year.
The fueling pumps will dispense unleaded, diesel , and biofuel blends that will be available from multi-product fuel dispensers. The convenience store would be staffed with 15 staff persons across three daily shifts.
Operation of the fuel station is anticipated to require daily delivery of fuel that would typically occur outside of peak hour traffic (in the early morning, late evening, or mid -day). Fuel delivery takes approximately 30 minutes. Truck idling would be lim ited to less than five minutes. The delivery truck would align parallel to the USTs to avoid conflict with fuel dispensing activity and not interfere with vehicle queuing.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 295 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 8 December 2024
1.5 Potential Consultation and Permitting Requirements
In addition to the Planning Review Permit, Conditional Use Permit , and Tentative Parcel Map previously identified, the federal, state, and local permits and consultations that may be required for the proposed Project are listed on Table 4.
TABLE 4. POTENTIAL CONSULTATION AND PERMITTING
REQUIREMENTS
Jurisdiction
Level Type of Permit/Approval Agency Purpose
State
Construction Stormwater General
Permit (Order No.
2022-0057-DWQ
NPDES No. CAS000002 as
amended).
RWQCB Discharges of storm
water associated with
construction activities
State Transportation Permit -
Oversize/Overweight Vehicles
(California Vehicle Code,
Division 15, Article 6, Section
35780)
Caltrans Required for oversized
and/or overweight
truckloads on
highways under its
jurisdiction that exceed
legal load limits
Local Conditional Use Permit CICDD Required for fueling station
Local Tentative Parcel Map CICDD Required to subdivide
Assessor’s Parcel No.
611-330-025 to create
Parcel A and Parcel B
Local Planning Review CICDD Required for all
projects requiring
Planning Commission
approval
(e.g. Conditional Use
Permits)
Local Building Permit CICDD Required for new
construction on the
project site.
Local Grading Permit CICDD/DPW Required for
excavation, earth
moving, filling,
clearing, brushing or
grubbing on natural or
existing grade
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 296 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 9 December 2024
TABLE 4. POTENTIAL CONSULTATION AND PERMITTING
REQUIREMENTS
Jurisdiction
Level Type of Permit/Approval Agency Purpose
Local Landscape and Irrigation plan
prior to issuance of building
permits or planning entitlements
CICDD Review and approval
required prior to
issuance of building
permits or planning
entitlements
Local Encroachment Permit
(Public ROW)
DPW Required any time
work is performed
within the public ROW
(e.g., curb drains, lane
closures, and utility
trenches by utility
agencies).
Local Traffic Control Plan DPW Traffic management
for potential lane
closures during
construction.
Local Moving Permit, Overweight and
Overwidth Equipment Permit
(City of Indio Code of Ordinances,
Chapter 97, Section 97.074)
DPW Required for oversized
and/or overweight
truckloads on roads
and/or bridges that
exceed legal load
limits
Local
Fugitive Dust Control Plan SCAQMD and
City of Indio
Engineer
Fugitive Dust Control
Plan in compliance
with SCAQMD Rule
403 and 403.1 for
disturbed surface areas
> 5,000 SF
Notes:
Caltrans = California Dept. of Transportation
CICDD = City of Indio Community Development
Department
DPW = City of Indio Public Works Dept.
RWQCB = Regional Water Quality Control Board,
Region 7
SCAQMD = South Coast Air Quality Management
District
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 297 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 10 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 298 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 11 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 299 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 12 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 300 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 13 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 301 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 14 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 302 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 15 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 303 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 16 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 304 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 17 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 305 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 18 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 306 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 19 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 307 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 20 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 308 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 21 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 309 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 22 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 310 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 23 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 311 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 24 December 2024
Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 312 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 25 December 2024
2.0 EVALUATION OF ENVIRONMENTAL IMPACTS
2.1 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 /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials
Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services
Recreation Transportation/Traffic Tribal Cultural Resources Utilities / Service Systems Wildfire Mandatory Findings of Significance
2.2 Determination:
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 mitigation incorporated" 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 that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier Final EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier Final EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Jose Luis Jara, Assistant Planner Date:
Brian Halvorson, Director of Community Development Date:
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 313 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 26 December 2024
3.0 ENVIRONMENTAL CHECKLIST AND DISCUSSION
3.1 AESTHETICS.
Except as provided in Public Resource Code
Section 21099, would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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) 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?
Discussion of Impacts
a) No Impact. The City of Indio General Plan Environmental Impact Report (EIR) defines scenic vistas as views of scenic resources from public locations. Scenic viewpoints are typically regarded as singular vantage points that offer an unobstructed view of expansive visible landscape components. The project site is situated in th e eastern portion of the City with views of the Little San Bernardino Mountains, the San Jacinto Mountains, the Indio Hills and the Santa Rosa Mountains located approximately 17 miles to the south west. No vantage points are provided from or through the project site due to the flat topography on site. Per the City of Indio Unified Development Code Section 2.04.03 – Development Regulations for the IH Zone, structures on the site would not exceed three stories or 65 feet. The proposed Project would allow for the construction and operation of the proposed fueling station and convenience store. At a maximum height of 29’- 1” for the convenience store and 19’ -3” for the fueling canopy, the Project would no t exceed the height requirements set forth in the Section 2.04.03 of the City of Indio’s Unified Development Code. The Project would not obstruct, interrupt, or diminish a scenic vista. No impact would occur, and no mitigation is required.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 314 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 27 December 2024
For this reason, implementation of the Project would have no impact on a scenic vista. b) No Impact. The Project site is not located within or adjacent to a designated State scenic highway corridor and does not contain scenic resources, such as trees of scenic value, rock outcroppings or historic buildings. The nearest designated scenic highway to the Project site is State Route 74 (SR 74), located approximately 10.5 miles west of the Project site (Caltrans, 2018). Accordingly, there is no poten tial for the proposed Project to adversely impact the viewshed within a scenic highway corridor. No impact would occur.
c) No Impact. The United States Census Bureau defines “urbanized area” as a densely settled core of census tracts and/or census blocks that have 50,000 or more residents and meet minimum population density requirements while also being adjacent to territory containing no n- residential urban land uses. The Project site is located within the boundaries of the Census -defined Indio - Cathedral City urban area (USCB, 2012); therefore, the Project would be considered to result in a significant adverse impact under thi s threshold only if the Project design would conflict with applicable zoning and other regulations governing scenic quality. The Project site is designated as Workplace Employment District (WE P) on the City’s General Plan land use map and is zoned Heavy Industrial (IH) with a maximum permitted floor area ratio (FAR) of 1.0. The Project and its design as shown on the Project’s application materials on file with the City of Indio are General Plan-conforming and zone -conforming. The Project does not conflict with zoning or other regulations governing scenic quality and thus no impact would occur. d) Less Than Significant Impact With Mitigation Incorporated. Under the existing conditions, the Project site contains no sources of artificial lighting. One streetlight is present along the Project’s site frontage on Avenue 45, north of Commerce Street intersection. The Project Applicant proposes to develop the site with a fueling station and convenience store and would introduce additional lighting elements on the site.
The proposed Project would be required to adhere to the lighting requirements as set forth in the Indio Unified Development Code (Section 3.02.11). The Unified Development Code provides standards for outdoor lighting that applies to all new development. The submittal of a lighting plan is required as part of a development application or land use permit and the Project’s lighting plan is on file with the City that shows the proposed number and loca tions of light fixtures, their wattage, and illumina tion levels i n compliance with City requirements. Mandatory compliance with the Unified Development Code Section 3.02.11 would ensure that the Project would not introduce any permanent ligh ting features that would adversely affect day or nighttime views in the area.
Nonetheless, should the Project not comply with the lighting requirements set forth in the Indio Unified Development Code (Section 3.02.11), a potentially significant impact would occur.
Additionally, the Project must adhere to the City’s design guidelines for signs (Unified Development Code Section 3.05), which require internally illuminated signs to minimize glare by limiting the illumination intensity so as not to exceed 0.5 foot candles at the property line and either constructing
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 315 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 28 December 2024
the sign with either an opaque background and translucent text and symbols, or with a colored (not white, off-white, light gray, or cream) background and generally lighter text. Compliance with these regulations shall be verified prior to issuance of a City of Indio Sign Permit, if required.
With regard to glare, the proposed convenience store would include primarily cultured stone and fiberboard (See Figure 10, Exterior Material Board). Such architectural elements are not sources of glare. Glass would be limited to windows and doors on the convenience store building, typical of small-scale commercial retail construction and no other highly reflective surfaces would be provided (See Building Elevation Figures 7, 8 and 9 ). The extent and surface area of glass on the convenience store building would not be at a scale to generate adverse glare effects.
With implementation of mitigation measures AES-1 and AES-2, light and glare impacts would not be significant.
Mitigation Measures:
AES-1 Comply with Indio Unified Development Code for Outdoor Lighting The Project shall comply with the Indio Unified Development Code (Section 3.02.11, Outdoor Lighting) which requires the submittal of a lighting plan as part of a development application or land use permit, showing the proposed number and locations of light fixtures, their wattage, and illumination levels in compliance with City requirements. Among other requirements, all outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to p revent glare, light trespass, and light pollution away from adjoining properties and public rights -of-way, so that direct illumina tion does not infringe onto adjoining properties.
AES-2 Use Low Reflective Glass
Glass used in building designs shall be low -reflective and landscaping shall be installed to provide a buffer between any proposed reflective glass surface and the public rights-of-way in accordance with Indio Unified Development Code (Section
3.02.09, Landscaping).
Monitoring Prior to the issuance of any building permit, the City of Indio shall assure compliance with Indio Unified Development Code (Section 3.02.11, Outdoor Lighting), Indio Unified Development Code (Section 3.02.09, Landscaping), and assure that glass proposed for installation is non-reflective.
Responsible Parties: Developer/Permit Applicant, City of Indio Community Development Department.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 316 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 29 December 2024
3.2 AGRICULTURAL AND FOREST RESOURCES.
Discussion of Impacts
a) No Impact . According to Farmland Mapping and Monitoring Program mapping information available from the California Department of Conservation, the Project site does not contain any soils mapped as “Prime Farmland,” “Unique Farmland,” or “Farmland of Statewide Importance” (CDC, 2024a). As such, implementation of the Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use. No impact would occur. b) No Impact. The Project site is not subject to a land conservation (Willison Act) contract (CDC, 2024b). Additionally, t he Project site is zoned IH (Heavy Industrial ) which is intended to accommodate manufacturing, processing, storage, and similar heavy industrial uses. Fueling stations and convenience stores are allowable use s within the IH zone, upon issuance of a Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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?
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 317 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 30 December 2024
Conditional Use Permit (CUP). Therefore, the project has no potential to conflict with existing zoning for an agricultural use. No impact would occur.
c) No Impact. The proposed Project would not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code [PRC] Section 12220[g]), timberland (as defined by PRC Section 4526), or timberland zoned Timberland Production (as def ined by Government Code Section 51104(g)). No forest or timber land is present in the Project site; therefore, no forest or timber land would be affected by the Project and there would be no impact.
No mitigation would be required.
d) No Impact. The proposed Project would not result in the loss of forest land or conversion of forest land to non -forest use. As discussed in Impact II.c., no forest land is present at the Project site, and no forest land would be affected by the Project. Therefore, Pr oject implementation would not result in the loss of forest land or conversion of forest land to non-forest use. No impacts would occur and mitigation would not be required.
e) No Impact. As discussed under Impact II.a., the Project site contains no important farmlands, forest lands or areas designated for forest use. Thus, implementation of the Project would not result in the conversion of surrounding farmlands to non-agricultural uses and no impact would occur.
Mitigation Measures
No mitigation would be required.
3.3 AIR QUALITY.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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) Result in other emissions (such as those
leading to odors adversely affecting a
substantial number of people?
d) Expose sensitive receptors to substantial
pollutant concentrations?
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 318 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 31 December 2024
Birdseye Planning Group (BPG) prepared an Air Quality and Greenhouse Gas Study for the Maverik Fueling Station and Convenience Store Project, which is included as Appendix A of this Initial Study (BPG, 2024; Appendix A). The Air Quality and Greenhouse Gas Study analyzed air quality and greenhouse gas (GHG) impacts that could result from construction and operation of the Project.
The analysis contained in this section is based on the findings of this technical report.
Existing Setting
The Project site is located within the South Coast Air Basin (SCAB), which is a non-attainment area for both the federal and state standards for ozone and PM2.5. The SCAB is in attainment for the state and federal standards for PM10, nitrogen dioxide, and carbon monoxide.
Climate in the SCAB is determined by its terrain and geographical location. The SCAB consists of a coastal plain with connecting broad valleys and low hills. The Pacific Ocean forms the southwestern border, and high mountains surround the rest of the SCAB. The SCAB lies in the semi- permanent high-pressure zone of the eastern Pacific. The resulting climate is mild and tempered by cool ocean breezes. This climatological pattern is rarely interrupted. However, periods of extremely hot weather, winter storms, o r easterly Santa Ana wind conditions can occur. Annual average temperatures vary little throughout the SCAB, ranging from the low -to-middle 60s, measured in degrees Fahrenheit (ºF). With a more pronounced oceanic influence, coastal areas show less variability in annual minimum and maximum temperatures than inland areas. The majority of annual rainfall in the SCAB occurs between October and March. Summer rainfall is minimal and generally limited to scattered thundershowers in coastal regions and slightly heavier showers in the eastern portion of the SCAB and along the coastal side of the mountains.
Average temperatures in winter months in the project area range from a low of 34 ºF to a high of 68 F. In the summer, average temperatures range from a low of 59 ºF to a high of 98 ºF. During an average year, the greatest amount of precipitation, 2.86 inches, occurs in February.
Sensitive Receptors
Ambient air quality standards have been established to represent the levels of air quality considered sufficient, with an adequate margin of safety, to protect public health and welfare. They are designed to protect that segment of the public most susceptible to respiratory distress, such as children under 14; the elderly over 65; persons engaged in strenuous work or exercise; and people with cardiovascular and chronic respiratory diseases. The closest sensitive receptors are the Palo Verde Apartments located approximately 1,100 feet northwest of the site at 44720 Palo Verde Street.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 319 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 32 December 2024
Attainment Status
The SCAB, in which the project area is located, is a non -attainment area for both the federal and state standards for ozone and PM2.5. The SCAB is in attainment for the state and federal standards for PM10, nitrogen dioxide, and carbon monoxide.
Regulatory Setting
The federal and state governments have been empowered by the federal and state Clean Air Acts (CAA) to regulate emissions of airborne pollutants and have established ambient air quality standards for the protection of public health. The U.S. Environmental Protection Agency (USEPA) is the federal agency designated to administer air quality regulation, while California Air Resource Board ( CARB) is the state equivalent in California. Federal and state standards have been established for six criteria pollutants , including Ozone (O 3), Carbon Monoxide (CO), Nitrogen Dioxide (NO2), Sulfur Dioxide (SO 2), particulates less than 10 and 2.5 microns in diameter (PM 10 and PM 2.5), and Lead (Pb). California has also set standards for sulfates, hydrogen sulfide, vinyl chloride, and visibility-reducing particles. Table 5 lists the current federal and state standards for each of these pollutants.
TABLE 5. FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS Pollutant Averaging Time NAAQS CAAQS
Concentration
O3 8-hour 0.070 ppm
(137 μg/m3)
0.070 ppm
(137 μg/m3)
1-hour - 0.09 ppm (180 μg/m3)
CO 8-hour 9 ppm (10 μg/m3) 9 ppm (10 μg/m3)
1-hour 35 ppm (40 μg/m3) 20 ppm (23 μg/m3)
NO2
Annual Average 53 ppb (100 μg/m3) 0.030 ppm
(57 μg/m3)
1-hour 100 ppb (188.68
μg/m3)
0.18 ppm
(339 μg/m3)
SO2
3-hour 0.5 ppm (1,300 μg/m3) -
24-hour 0.14 ppm
(365 μg/m3)
0.04 ppm
(105μg/m3)
1-hour 75 ppb
(196 μg/m3)
0.25 ppm
(655 μg/m3)
PM10
Annual Arithmetic
Mean
- 20 μg/m3
24-hour 150 μg/m3 50 μg/m3
PM2.5
Annual Arithmetic
Mean
12 μg/m3 12 μg/m3
24-hour 35 μg/m3 -
Sulfates 24-hour - 25 μg/m3
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 320 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 33 December 2024
TABLE 5. FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS Pollutant Averaging Time NAAQS CAAQS
Concentration
Pb
Rolling
Three-Month Avg 0.15 μg/m3 -
30 Day Average - 1.5 μg/m3
H2S 1-hour 0.03 ppm
(42 μg/m3)
Vinyl Chloride 24-hour 0.010 ppm
(26 μg/m3)
Visibility Reducing
particles
8-hour (1000 to 1800
PST) See Note 1
Source: BPG, 2024 (Appendix A).
Notes: ppm = parts per million, ppb = parts per billion, mg/m3 = milligrams per cubic meter, μg/m3 = micrograms per cubic meter
(1) In 1989, CARB converted both the general statewide 10-mile visibility standards and the Lake Tahoe 30-mile visibility standard to instrumental equivalents.
Thresholds
Regional Thresholds
The South Coast Air Quality Management District (SCAQMD) has developed specific quantitative thresholds that apply to projects within the SCAB. The current thresholds of significance were published by the SCAQMD in March 2023. The following significance thresholds apply to short - term construction activities:
• 75 pounds per day of VOC
• 100 pounds per day of NOx
• 550 pounds per day of CO
• 150 pounds per day of SOx
• 150 pounds per day of PM10
• 55 pounds per day of PM2.5
The following significance thresholds apply to long-term operational emissions:
• 55 pounds per day of VOC
• 55 pounds per day of NOx
• 550 pounds per day of CO
• 150 pounds per day of SOx
• 150 pounds per day of PM10
• 55 pounds per day of PM2.5
Methodology
Construction and operational emissions were estimated using the latest version of California Emissions Estimator Model (CalEEMod), version 2022.1. CalEEMod is a statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and GHG emissions associated with both construction and operation of a variety of land use projects.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 321 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 34 December 2024
Discussion of Impacts
a) Less Than Significant Impact. The Project is located within the SCAB, which is under the jurisdiction of the SCAQMD. The SCAQMD is required, pursuant to the federal CAA, to reduce criteria pollutant emissions for which the SCAB is in non-attainment. To reduce such emissions, the SCAQMD adopted the 2016 and 2022 Air Quality Management Plans ( AQMPs). The 2016 and 2022 AQMPs establish a program of rules and regulations directed at reducing air pollutant emissions and achieving California Ambient Air Quality Standards ( CAAQS) and National Ambient Air Quality Standards (NAAQS). The AQMPs are a regional and multi -agency effort including the SCAQMD, the CARB, the SCAG, and the U.S. EPA. The AQMPs pollutant control strategies are based on the latest scientific and technical information and planning assumptions, including SCAG’s RTP/SCS, updated emission inv entory methodologies for various source categories, and SCAG’s latest growth forecasts. SCAG’s latest growth forecasts were defined in consultation with local governments and with reference to local general plans. Further, the 2022 AQMP incorporates scient ific and technological information and planning assumptions from the 2016 AQMP, including the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (2016-2040 RTP/SCS), a planning document that supports the integration of land use and transportation to help the region meet the federal CAA requirements. The Project is subject to both the 2016 and 2022 AQMPs.
Criteria for determining consistency with the AQMP are defined in Chapter 12, Sections 12.2 and Section 12.3 of the 1993 CEQA Handbook. These indicators are discussed below.
Consistency Criterion No. 1: The proposed Project would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP.
The violations that Consistency Criterion No. 1 refers to are the CAAQS and NAAQS. CAAQS and NAAQS violations would occur if regional or localized significance thresholds were exceeded. As discussed herein, the Project’s construction activities would not exceed any of the SCAQMD daily thresholds or Localized Significance Thresholds (LSTs). Thus, construction activities would not conflict with the 2022 AQMP. Operational emissions would not exceed daily regional thresholds during peak days of use. The average daily emissions would be below the daily regional thresholds; thus, the project would not conflict with the 2022 AQMP.
Consistency Criterion No. 2: The Project would not exceed the assumptions in the AQMP based on the years of Project build-out phase.
As stated, under state law, the SCAQMD is required to prepare an AQMP for pollutants for which the SCAB is designated non-attainment. Each iteration of the SCAQMD AQMP is an update of the previous plan and has a 20-year horizon. A project may be deemed inconsistent with the AQMP if
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 322 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 35 December 2024
it would generate population, housing or employment growth exceeding forecasts used in the development of the AQMP. Like the 2016 AQMP, the 2022 AQMP, the most recent AQMP adopted by the SCAQMD, incorporates local city General Plans and the Southern California Association of Governments (SCAG) socioeconomic forecast projections of regional population, housing and employment growth.
The project site is zoned Heavy Industrial. With approval of a Conditional Use Permit for the fueling station component, all proposed uses would be allowed per the zoning code. SCAG serves as the federally designated metropolitan planning organization for the southern California region.
According to data presented in the SCAG’s Employment Density Summary Report, average employment densities for commercial uses in the region range from a high of 175.49 employees per acre (high-rise office) to a low of 19.71 employees per acre (regional retail). The project would not result in employment growth exceeding the assumptions used to develop the AQMP. Thus, employment growth in the City of Indio resulting from the project, and the related changes in regional emissions, are accounted for in the AQMP. The project would not conflict with or obstruct the AQMP and not cause an adverse impact under threshold (a). b) Less Than Significant Impact.
Construction Impacts
Project construction would generate temporary air pollutant emissions. These impacts are associated with fugitive dust (PM10 and PM2.5) and exhaust emissions from heavy construction vehicles, in addition to VOC that would be released during the drying phase upon application of paint and other architectural coatings. Construction would generally consist of demolition, site preparation, grading, construction of the proposed buildings, paving, and architectural coating (i.e., paint) application.
Graded soils would be balanced on the project site; thus, no soil import or export would be required.
The project would be required to comply with SCAQMD Rule 403, which identifies measures to reduce fugitive dust and is required to be implemented at all construction sites located within the South Coast Air Basin. Therefore, the following conditions, which are required to reduce fugitive dust in compliance with SCAQMD Rule 403 were included in CalEEMod for site preparation and grading phases of construction.
1. Minimization of Disturbance. Construction contractors should minimize the area disturbed by clearing, grading, earth moving, or excavation operations to prevent excessive amounts of dust.
2. Soil Treatment. Construction contractors should treat all graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways to minimize fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally safe soil stabilization materials, and/or roll compaction as
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 323 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 36 December 2024
appropriate. Watering shall be done as often as necessary, and at least twice daily, preferably in the late morning and after work is done for the day. The analysis provided herein assumes watering would occur two times daily.
3. Soil Stabilization. Construction contractors should monitor all graded and/or excavated inactive areas of the construction site at least weekly for dust stabilization. Soil stabilization methods, such as water and roll compaction, and environmentally safe dust control materials, shall be applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered until landscape growth is evident, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust.
4. No Grading During High Winds. Construction contractors should stop all clearing, grading, earth moving, and excavation operations during periods of high winds (20 miles per hour or greater, as measured continuously over a one- hour period).
5. Street Sweeping. Construction contractors should sweep all on-site driveways and adjacent streets and roads at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads.
Construction emissions modeling for demolition, site preparation, grading, building construction, paving, and architectural coating application is based on the overall scope of the proposed development and construction phasing which is expected to begin mi d-2025 and extend through early 2026. For dust control, it was assumed the disturbed area would be watered twice daily. In addition to SCAQMD Rule 403 requirements, emissions modeling also accounts for the use of low- VOC Super-Compliant paint (100 g/L for non-flat coatings for non -residential buildings and 100 g/L for pavement coatings) as required by SCAQMD Rule 1113. Table 6 summarizes the estimated maximum mitigated daily emissions of pollutants occurring during each year of construction. As shown in Table 6, construction of the proposed project would not exceed the SCAQMD regional thresholds.
TABLE 6. ESTIMATED MAXIMUM MITIGATED DAILY CONSTRUCTION
EMISSIONS
Construction Phase
Maximum Emissions (lbs/day)
VOC NOx CO SOx PM10 PM2.5
2025 Maximum lbs/day 3.4 31.7 31.1 0.05 9.3 5.2
2026 Maximum lbs/day 5.4 9.9 13.1 0.02 0.5 0.4
SCAQMD Regional
Thresholds 75 100 550 150 150 55
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 324 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 37 December 2024
TABLE 6. ESTIMATED MAXIMUM MITIGATED DAILY CONSTRUCTION
EMISSIONS
Construction Phase
Maximum Emissions (lbs/day)
VOC NOx CO SOx PM10 PM2.5
Threshold Exceeded 2025 No No No No No No
Threshold Exceeded 2026 No No No No No No
Source: BPG 2024, Appendix A.
Operational Impacts
Regional Pollutant Emissions
An analysis of maximum daily emissions during operation was conducted to determine if emissions would exceed the daily thresholds for any pollutant of concern. The maximum daily operational emissions would occur at project buildout. Operational emissions w ere modeled for 2026, the projected first year of occupancy. Operational emissions include emissions from electricity consumption (energy sources), vehicle trips (mobile sources), and area sources including landscape equipment and architectural coating emi ssions as the structures are repainted over the life of the project.
The majority of operational emissions are associated with vehicle trips to and from the project site.
Trip volumes were based on trip generation factors for a convenience store with a fueling facility for both light duty passenger vehicles and a truck stop use to calculate heavy truck trips. Multiple model runs were performed to quantify primary vehicle emissions associated with vehicles traveling to/from the site and heavy truck trips with the trip lengths and vehicle fleet mix adjusted to calculate emissions associated with the car/light truck separate from the heavy truck trips. The combined emissions reflect the total mobile emissions. Pass by trips (i.e., existing traffic) comprise the majority (approximately 25 percent of daily and 76% of peak hour) of project trips. These are not new trips generated by the project; however, they were included in the emissions calculations for passenger cars/light duty vehicles. Emissions sources addressed are summarized as follows:
Motor Vehicle Emissions. Motor vehicle emissions refer to exhaust and road dust emissions from the automobiles that would travel to and from the project site. Project trip generation rates were obtained from LLG, Inc. (June 2024). Highway commercial uses such as travel centers pr ovide services primarily to those traveling by the site to other destinations. In this case, the trip rate was adjusted to calculate emissions from new trips. A pass‐by trip accounts for vehicles already on the roadway network that stop at the project site as they pass‐by. As stated, these emissions are not included in the total. With the removal of pass by trips, the project would generate approximately 6,223 new two-way trips daily.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 325 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 38 December 2024
The vehicle fleet mix is defined as the mix of motor vehicle classes active during the operation of the project. Emission factors are assigned to the expected vehicle mix as a function of vehicle class, speed, and fuel use (gasoline and diesel‐powered vehicles). As stated, the fleet mix was adjusted to calculate primary trips for passenger cars and other light duty vehicles. A separate modeling run was performed to calculate emissions associated with heavy truck trips.
Architectural Coatings (Painting). Paints release VOC emissions during application and drying.
The buildings in the project would be repainted on occasion. The project is required to comply with the ICAPCD Rule 424—Architectural Coatings. The rule required flat paints to meet a standard of 100 g/l for non-flat coatings for non-residential buildings and 100 g/l for traffic/ pavement markings.
Consumer Products. Consumer products are various solvents used in non‐industrial applications, which emit VOCs during use. Consumer Products are generally defined as detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products. The default emission factor developed for CalEEMod was used.
Landscape Equipment. This category assumes use of equipment including lawnmowers/trimmers, blowers and related maintenance equipment. Default emission rates developed for CalEEMod were used for modeling purposes.
Electricity. Electricity used by the project (for lighting, etc.) would result in emissions from the power plants that would generate electricity distributed on the electrical power grid. Electricity emissions estimates are only used in the GHG analysis. CalEEMod was used to estimate these emissions from the project.
Natural Gas. The project would generate emissions from the combustion of natural gas for water heaters, heat, etc. CalEEMod has two categories for natural gas consumption - Title 24 and non‐ Title 24. CalEEMod defaults were used.
Water and Wastewater. GHG emissions are emitted from the use of electricity to pump water to the project and to treat wastewater. CalEEMod defaults were used.
Solid Waste. GHG emissions would be generated from the decomposition of solid waste generated by the project. CalEEMod was used to estimate the GHG emissions from this source.
Table 7 summarizes summer emissions associated with operation of the proposed project.
Operational emissions include emissions from electricity consumption (energy sources), vehicle trips (mobile sources), and area sources including architectural coating emissions as the structures are repainted over the life of the project. As shown in Table +, the maximum summer daily emissions would not exceed the SCAQMD thresholds for any of the criteria pollutants.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 326 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 39 December 2024
TABLE 7. ESTIMATED OPERATIONAL EMISSIONS
Estimated Emissions (lbs/day)
ROG NOX CO SOX PM10 PM2.5
Daily Summer
Maximum 8.6 4.9 101.0 0.09 21.6 5.5
Heavy Truck Emissions 0.96 13.7 11.2 0.09 0.9 0.3
Total Daily Emissions 9.6 18.6 112.2 0.18 22.5 5.8
SCAQMD Thresholds 55 55 550 150 150 55
Threshold Exceeded? No No No No No No
Notes: See Appendix for CalEEMod version. 2022.1 computer model output for operational emissions. Summer emissions shown.
Totals may vary slightly due to rounding.
Source: BPG, 2024, Appendix A.
Accordingly, this impact would be less than significant with implementation of SCAQMD Rule 403.
c) Less Than Significant Impact. The State of California Health and Safety Code, Division 26, Part 4, Chapter 3, Section 41700, SCAQMD Rule 403, prohibits emissions from any source whatsoever in such quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to the public health or damage to property. Projects required to obtain permits from SCAQMD are evaluated by staff for potential odor nuisance, and conditions may be applied (or control equipment required) where necessary to prevent occurrence of public nuisance.
SCAQMD Rule 402 (Public Nuisance) also prohibits emission of any material that causes nuisance to a considerable number of persons or endangers the comfort, health, or safety of any person. A project that involves a use that would produce objectionable odo rs would be deemed to have a significant odor impact if it would affect a considerable number of off -site receptors. Odor issues are very subjective by the nature of odors themselves and due to this fact, measurements are difficult to quantify. As a result , this guideline is qualitative and focuses on the existing and potential surrounding uses and location of sensitive receptors.
The Project could produce odors during proposed construction activities resulting from construction equipment exhaust, application of asphalt, and/or the application of architectural coatings; however, standard construction practices would minimize the odo r emissions and their associated impacts.
Furthermore, any odors emitted during construction would be temporary, short -term, and intermittent in nature, and would cease upon the completion of the respective phase of construction.
In addition, construction activities on the Project site would be required to comply with SCAQMD Rule 402, which prohibits the discharge of odorous emissions that would create a public nuisance.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 327 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 40 December 2024
Accordingly, the proposed Project would not create objectionable odors affecting a substantial number of people during construction, and short-term impacts would be less than significant.
During long -term operation, the Project would include employment land uses, consisting of convenience store, which are not typically associated with objectionable odors. With respect to operation of the gas station, gas pumping activities are expected to g enerate odors associated with gasoline fumes. The gas pumps and underground storage tanks would include CARB-required vapor recovery systems that would control VOC vapor releases during refueling and would minimize driver and employee exposure to gasoline odors and fumes. Thus, gasoline odors are not expected to adversely affect adjacent land uses. The temporary storage of refuse associated with the proposed Project’s long-term operational use could be a potential source of odor; however, Project-generated refuse is required to be stored in covered containers and removed at regular intervals in compliance with the City’s solid waste regulations, thereby precluding any significant odor impact. Furthermore, the proposed Project would be required to comply with S CAQMD Rule 402, which prohibits the discharge of odorous emissions that would create a public nuisance during long-term operation. As such, long-term operation of the proposed Project would not create objectionable odors affecting a substantial number of people.
d) Less Than Significant Impact.
Localized Significance Thresholds.
The SCAQMD has published a “Fact Sheet for Applying CalEEMod to Localized Significance Thresholds” (South Coast Air Quality Management District , 2011). The following describes the methods used to apply the fact sheet methods to the CalEEMod output data for comparison with the Localized Significance Thresholds (LSTs). CalEEMod calculates construction emissions based on the number of equipment hours and the maximum daily disturbance activity possible for each piece of equipment. Construction -related emissions reported by CalEEMod are compared to the LST lookup tables. The CalEEMod output in Appendix A shows the equipment assumed for this analysis.
LSTs were devised in response to concern regarding exposure of individuals to criteria pollutants in local communities. LSTs represent the maximum emissions from a project that will not cause or contribute to an air quality exceedance of the most stringent applicable federal or state ambient air quality standard at the nearest sensitive receptor, taking into consideration ambient concentrations in each source receptor area (SRA), project size, distance to the sensitive receptor and related factors.
However, LSTs only apply to emissions within a fixed stationary location, including idling emissions during both project construction and operation. LSTs have been developed for NOx, CO, PM10 and PM2.5. LSTs are not applicable to mobile sources such as cars on a roadway (Final Localized Significance Threshold Methodology, SCAQMD, June 2003).
LSTs have been developed for emissions within areas up to five acres in size, with air pollutant modeling recommended for activity within larger areas. The SCAQMD provides lookup tables for
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 328 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 41 December 2024
project sites that measure one, two, or five acres. A total of 1.0 to 1.5 acres would be disturbed daily during the site preparation and grading phases. To provide a conservative evaluation of potential short-term LST impacts, the look up table values for two acres were used for both site preparation and grading. The project site is located in Source Receptor Area 30 (SRA -30, Coachella Valley).
LSTs for construction related emissions in the SRA 30 at varying distances between the source and receiving property are shown in Table 8.
TABLE 8. SCAQMD LSTs FOR CONSTRUCTION
Pollutant
Allowable emissions as a function of receptor distance in meters from a two-acre site (lbs/day)
25 50 100 200 500
Gradual conversion of NOx to NO2 191 225 296 425 769
CO 1,299 1,931 3,409 7,174 26,212
PM10 7 22 44 89 223
PM2.5 5 7 12 28 112
Source: BPG, 2024 (Appendix A).
As referenced, the nearest sensitive receptors to the project site to the site are approximately 1,100 feet (335 meters) to the west. To conservatively evaluate potential LST impacts, the thresholds for 200 meters from an emission source were used to approximate the distance to the nearest commercial building to the south across Avenue 45. As shown in Table 9, unmitigated on-site PM10 and PM2.5 emissions during construction would not exceed the LST thresholds at 200 meters.
Impacts would be less than significant.
TABLE 9. UNMITIGATED CONSTRUCTION LST EMISSIONS
Emissions Sources NOx CO PM10 PM2.5
Demolition 22.2 19.9 0.92 0.84
Site Preparation 31.6 30.2 9.04 5.2
Grading 16.3 17.9 3.48 2.0
Building Construction – 2025 10.4 13.0 0.43 0.4
Building Construction – 2026 9.85 13.0 0.38 0.35
Paving - 2026 6.23 8.81 0.26 0.24
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 329 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 42 December 2024
TABLE 9. UNMITIGATED CONSTRUCTION LST EMISSIONS
Emissions Sources NOx CO PM10 PM2.5
Architectural Coating 0.86 1.3 0.02 0.02
LST Thresholds – 2 acres 425 7,174 89 28
Exceeds LST Thresholds? No No No No
Source: BPG, 2024 (Appendix A)
SRA-30: Coachella Valley, assumes 2 acres disturbed daily during site preparation and grading.
Operational Local Significance Thresholds.
As stated, LSTs have been developed for both construction and operational scenarios and apply only to emissions within a fixed stationary location, including idling emissions during both project construction and operation. LSTs have been developed for NO x, CO, PM10 and PM2.5. LSTs are not applicable to mobile sources such as cars on a roadway. Operational LSTs for a 2 -acre site are shown below in Table 10 to conservatively reflect standards for the entire project site under build out conditions.
TABLE 10. SCAQMD LSTs FOR OPERATION
Pollutant
Allowable emissions as a function of receptor distance in meters from a two-acre site (lbs/day)
25 50 100 200 500
Gradual conversion of NOx to NO2 191 225 296 425 769
CO 1,299 1,931 3,409 7,174 26,212
PM10 2 6 16 36 97
PM2.5 2 2 3 7 27
Source: BPG, 2024 (Appendix A)
Table 11 shows area and energy source emissions estimated for project operation. As shown, none are projected to exceed the thresholds at 25 meters.
TABLE 11. OPERATIONAL LST EMISSIONS
Source NOx CO PM10 PM2.5
Area <0.005 0.26 <0.005 <0.005
Energy 0.03 0.03 <0.005 <0.005
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 330 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 43 December 2024
TABLE 11. OPERATIONAL LST EMISSIONS
Source NOx CO PM10 PM2.5
Total 0.035 0.29 0.01 0.01
LST Thresholds 425 7,174 36 7
Exceeds LST Thresholds? No No No No
Source: BPG, 2024 (Appendix A)
SRA-30: Coachella Valley, conservatively assumes a 2-acre site at buildout
Construction‐Related Toxic Air Contaminant Impacts. The greatest potential for toxic air contaminant emissions would be related to diesel particulate emissions associated with heavy equipment operations during construction of the proposed project and truck traffic. According to SCAQMD methodology, health effects from carcinogenic air toxics are usually described in terms of “individual cancer risk”. “Individual Cancer Risk” is the likelihood that a person exposed to concentrations of toxic air contaminants over a 70 -year lifetime will contract cancer, base d on the use of standard risk‐assessment methodology. Given the short‐term construction schedule, the proposed project would not result in a long‐term (i.e., 70 years) substantial source of toxic air contaminant emissions and related individual cancer risk. Therefore, no significant short‐term toxic air contaminant impacts would occur during construction of the proposed project.
Operational Toxic Air Contaminant Emissions. A health risk assessment was prepared for the fueling station to determine whether sensitive properties located in proximity to the site would be at risk of adverse health effects associated with operation of the fueling station (see Appendix A). The analysis presented herein reflects a maximum annual through put of approximately 8,500,000 gallons. Ultimate fuel throughput allowances/requirements would be established by SCAQMD during the process of evaluating the fueling station Permit to Operate. For purposes of this evaluation, cancer risk estimates have been made consistent with the methodology presented in SCAQMD’s Risk Assessment Procedures for Rules 1401, 1401.1 & 212 which provide screening - level risk estimates for gasoline dispensing operations.
Sensitive receptors, as identified by SCAQMD, may include residences, schools, playgrounds, athletic facilities, childcare centers, long -term healthcare facilities, rehabilitation centers, convalescent centers, and retirement homes. The closest sensitive p roperty is the Palo Verde Apartments located approximately 1,400 feet (335 meters) northwest of the proposed gasoline canopy southern edge.
Based on the SCAQMD Risk Tool version 1.103 that implements the SCAQMD Risk Assessment Procedures for Rule 1401, 1401.1, and Rule 212 and Permit Application Package “N” Version 8.12, it is estimated that the cancer risk to sensitive and commercial receptors from the proposed gasoline dispensing station would be 0.337 in one million and 0.413 in one million, respectively. As stated
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 331 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 44 December 2024
in the Risk Assessment Procedures for Rules 1401, 1401.1 & 212, although gasoline vapors and its TAC constituents (for example, benzene, toluene, and xylene) have non -cancer impacts, the risks from retail gasoline dispensing facilities are dominated by can cer risk. Therefore, the chronic and acute non-cancer health risk do not need to be calculated. Health risks associated with operation of the proposed gasoline dispensing facility would be less than the 10 per 1,000,000; and thus, would be less than significant. No mitigation is required.
Mitigation Measures
Although impacts would be less than significant, a mitigation measure is provided below to assure compliance with the applicable provisions of SCAQMD Rule 403 and Rule 403.1.
MM AQ-1: Fugitive Dust Control Plan
Prior to the issuance of a grading permit and start of earth moving activities, the Developer/Permit Applicant or its grading contractor shall prepare and receive approval of a Fugitive Dust Control Plan from the SCAQMD Executive Officer in accordance with the applicable requirements of SCAQMD Rule 403 “Fugitive Dust” and Rule 403.1 “Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources.” Construction contr actors shall be obligated by their contracts to adhere to the approved Fugitive D ust Control Plan and permit inspection of the construction site by the City of Indio, SCAQMD, and its designees to ensure compliance.
Monitoring. Prior to the issuance of any permit to allow ground disturbance on the site, the Developer/Permit Applicant or its grading contractor shall furnish the City with a Fugitive Dust Control Plan approved by the SCAQMD Executive Officer.
Responsible Par ties. Developer/Permit Applicant, SCAQMD, City of Indio Community Development Department
3.4 BIOLOGICAL RESOURCES.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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?
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 332 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 45 December 2024
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(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?
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?
Discussion of Impacts
a) Less Than Significant with Mitigation Incorporated. The project site is vacant of development and is surrounded by busy roads and industrial development. The surface of the area was cluttered with modern trash and abandoned materials from unknown sources and homeless encampments, and the southeast corner of the lot has been used as overflow parking for the automotive repair shop next door and the construction crew at the river basin. As a result of the site disturbance and its surroundings, the project site does not provide ideal conditions that would support natural vegetation communities or habitats including the presence of plant or animal species given special status by
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 333 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 46 December 2024
government agencies. However, as previously stated, the presence of soil piles and friable soils provides potential habitat for burrowing owls.
For this reason, a burrowing owl clearance survey should be undertaken no less than 14 days prior to ground disturbance and 24 hours prior to site disturbance (MM BIO-1). The purpose of the survey is to make sure no owls are present during site development.
The property is within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), which outlines policies for conservation of habitats and natural communities. The project site is not located within or adjacent to a CVMSHCP Conservation Area. Western burrowing owl is covered by the CVMSHCP, which grants Take Authorization for Covered Species for Covered Activities outside of Conservation Areas, including developments permitted or approved by the City of Indio. No significant biological resou rces are known to occur on the project site.
Therefore, the project is not anticipated to have a substantial adverse impact on candidate, sensitive, or special status species with the implementation of the mitigation measures below.
Indirect temporary impacts may occur on breeding birds, which can be significantly affected by short-term construction-related noise through the temporary disruption of foraging, nesting, and reproductive activities. During a visit to the Project site in May 2024, it was confirmed that the project site contains no trees and no nesting bird activity was detected. However, ground nesting species, such as the Western burrowing owl, a California Species of Special Concern, occurs throughout the region and has been reported within one mile of the City of Indio’s Planning Area (3) (City of Indio, General Plan Update EIR, Section 4.4 Biological Resources, 2019b).
On March 5, 2024 the California Fish and Game Commission (Commission) received a petition to list western burrowing owl (Athene cunicularia hypugaea) as a threatened or endangered species under the California Endangered Species Act (CESA). The California completed its petition evaluation and determined there is sufficient scientific information to indicate that the petitioned action may be warranted. At its meeting on October 10, 2024, the Commission accepted the petition and designated the species as a candidate species for potential listing as a protected species under the California Endangered Species Act. This decision triggered a 12 -month status review by the CDFW. A decision on whether to list this species is expected by spring of 2026. During this one- year candidacy period, all take of western burrowing owl would be unlawful unless expressly authorized pursuant to CESA.
3 The Planning Area for the City of Indio’s General Plan includes the City and its Sphere of Influence.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 334 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 47 December 2024
Additionally, large trees were found within 150 feet of the Project site, across Golf Center Parkway, which could provide potential nesting habitat. Indirect temporary impacts to active migratory bird nests, if present at the time of construction are prohibited under the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code §3503 and § 3513. Indirect impacts from construction-related noise may occur on breeding wildlife if construction occurs during the breeding season (i.e., February 15 through August 31 for most bird species and January 1 through August 31 for raptors). This would be considered a significant impact. Implementation of MM BIO-2 would reduce this impact to less than significant.
b) No Impact. The property does not contain nor is adjacent to any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (USFWS). No blue‐line features (i.e., drainage, creek, streams, etc.) as identified by the U.S. Geological Service (USGS) topographic quadrangle map and/or USFWS National Wetland Inventory (NWI) exists within the project property as depict ed on the United States Geological Survey topographic maps or National Hydrography Dataset. Additionally, no floodplain or floodway have been mapped within the Project Site. No impact to riparian habitat or sensitive natural community is expected. c) No Impact. As previously discussed, the project site has been disturbed for a number of years and does not contain nor is it adjacent to federally protected wetlands, marshes or other drainage features. Therefore, the project will not result in the direct removal, fi ling or hydrological interruption. The project will include on-site retention facilities to prevent the direct discharge and hydro-modification impacts of runoff into the local municipal separate storm sewer system and any downstream receiving waters. No impacts are expected to federally protected wetlands. d) No Impacts. The project site and adjacent surroundings are part of an industrial area of the City and an existing commercial lighting facility. Given the project sites proximity to the existing development, the project site would not be expected to be a part of or contain migratory wildlife corridors or native wildlife nursery sites. The project site not located near any existing drainages that would support wildlife corridors nor is it located in a known wildlife corridor. Therefore, the proposed project will not interfere with movement of any native resident or migratory fish or wildlife species and no impacts are expected.
e) Less Than Significant with Mitigation Incorporated. Project implementation would not result in demolition or tree removal. The proposed site plan provides landscaping improvements along the project edges in a manner consistent with the local development standards. There are no local policies applicable th e Project other than the Coachella Valley: Multiple Species Habitat Conservation Plan (CVMSHCP) discussed under Item f below. f) Less Than Significant with Mitigation Incorporated. The project lies within the boundary of the CVMSHCP which outlines policies for conservation of habitats and natural communities and is implemented by the City of Indio. While the Project site is located within the CVMSHCP; it does
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 335 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 48 December 2024
not occur within or share a common boundary with a Conservation Area of the CVMSHCP. The proposed project will comply with all required plan provisions and pay the required mitigation fee in conformance with the CVMSHCP and City Ordinance. Implementation o f mitigation measure MM BIO-3, will ensure that the Project complies with the provisions of the CVMSHCP. No impacts to local, state, or regional conservation plans are expected.
Mitigation Measures
Implementation of the following mitigation measures would reduce impacts to below a level of significance.
MM BIO-1: Burrowing Owl Surveys
Suitable burrowing owl habitat has been confirmed on the site; therefore, focused burrowing owl surveys shall be conducted by a qualified biologist according to the Staff Report on Burrowing Owl Mitigation (CDFG, 2012 or most recent version) prior to vegetation removal or ground -disturbing activities. If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall begin coordination with CDFW and USFWS immediately and shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, mitigation, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites (occupied site means at least one burrowing owl has been observed within the last three years; may also be indicated by owl sign including feathers, pellets, prey remains, eggshell fragments, or excrement at or near a burrow entra nce or perch site), acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe minimization and relocation actions that will be implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in it self an avoidance, minimization, or mitigation method and has the possibility to result in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls and the land ownership and conservation status of adjacent or nearby suitable habitat, along with proposed relocation actions. The Project proponent shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval. If Project activities, including burr ow exclusion and closure, could result in take of burrowing owl, appropriate CESA authorization should be obtained prior to commencement of Project activities.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 336 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 49 December 2024
Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project -related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version). Preconstruction surveys should be repeated when there is a pause in construction of more than 30 days. Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation . If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for review and approval prior to commencing Project activities.
MM BIO-2: Pre-Construction Nesting Birds Survey
Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than three days prior to vegetation removal or ground - disturbing activities. If there are pauses in construction, nesting bird surveys should be repeated prior to Project activities. Pre -construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior.
The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre- construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species -specific and s hall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Construct ion activities may not occur inside the established buffers, which shall remain on -site until a qualified biologist determines that the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.
Reporting. Within 30 days of the completion of the monitoring efforts, the Project Applicant shall submit a Final Bird Survey Monitoring Report prepared by the project biologist to the wildlife agencies and City of Indio’s Community Development. The report shall include documentation of all bird survey, monitoring activities, coordination efforts with the wildlife agencies, as -built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during p re-construction and post -construction conditions, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 337 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 50 December 2024
MM BIO-3: CVMSHCP Compliance
Prior to construction and issuance of any grading permit, the City of Indio shall ensure compliance with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated Implementing Agreement and shall ensure the collection of payment of the CVMSHCP Local Development Mitigation Fee.
3.5 CULTURAL RESOURCES.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a historical resource
pursuant to §15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to State CEQA Guidelines §
15064.5?
c) Disturb any human remains, including
those interred outside of formal cemeteries?
Cogstone Resource Management prepared the Cultural and Paleontological Resources Assessment For The Maverik Fueling Station and Convenience Store Project (Cogstone, 2024). The Cultural and Paleontological Assessment, included as Appendix B of this Initial Study, evaluates potential effects to cultural and paleontological resources that could result from implementation of the Project. The analysis contained in this section is based on the findings of this technical report.
Existing Setting
The Project’s Area of Potential Effects (APE) (4) (5) consists of all areas of ground disturbance for the Project, including off -site improvements to Avenue 45, the vertical depth of disturbance is
4 The “area of direct and indirect impacts” to cultural resources under CEQA is identical to the area referred to under Section 106 of the National Historic Preservation Act as the Area of Potential Effect (APE). 5 A project’s APE is “the geographic area or areas within which an undertaking may cause changes to the cultural resources, as well as in the character or use of historic properties, if any such properties exist” (36 Code of Federal Regulations [CFR] 800.2(c)).
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 338 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 51 December 2024
expected be no more than five feet below the ground surface; however , the USTs will require excavation to depths of approximately 30 feet.
A records search of the California Historical Resources Information System (CHRIS) from the Eastern Information Center (EIC) located at University of California, Riverside was completed on April 30, 2024. A search of the Sacred Lands File (SLF) held by the Native American Heritage Commission (NAHC) was also requested on April 30, 2024. The search was undertaken to supplement the EIC records search to inquire as to whether resources important to local Native American groups may exist within the project area. A response was received from the NAHC on May 20, 2024, which was positive for specific site information within the one -mile search radius.
The NAHC provided a tribal consultation list that identified 25 Native American Tribes and tribal representatives (See Appendix B).
The record search indicated that 32 cultural resource studies have been conducted within the Project site and within 0.5 mile radius of the Project site. No cultural resources were previously recorded within the Project site; however , four cultural resources have been previously documented within
0.25 miles of the Project site. Table 12 summarizes the cultural resources sites recorded within 0.25 miles of the Project site and their eligibility for listing on the National Register of Historic Places (NRHP), and the California Register of Historic Resources (CRHR).
TABLE 12. PREVIOUSLY RECORDED CULTURAL RESOURCES WITHIN
ONE- HALF MILE RADIUS OF THE PROJECT AREA
Resource
No.
(Primary
No.)
Resource Type Description
Distance
From Project
Site
(miles)
NRHP/CRHR
Eligibility
Status
000676 Prehistoric
Archaeological
Site
Ceramic scatter;
Hearths/pits
0-0.25 Recommended not
eligible
009498 Historic Built
Environment
Other, railroad 0-0.25 NR – 5S
017259 Historic
Archaeological
Site
Water conveyance
system;
Roads/trails/railroad
grades; 1-3 story
commercial building;
Engineering structure;
Engineering structure;
Canal/aqueduct;
Highway/trail
0-0.25 NR – 6Z
024261 Historic
Archaeological
Site
Other, man-made
depression
0-0.25 Unevaluated
Source: Cogstone 2024; Appendix B.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 339 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 52 December 2024
TABLE 12. PREVIOUSLY RECORDED CULTURAL RESOURCES WITHIN
ONE- HALF MILE RADIUS OF THE PROJECT AREA
Resource
No.
(Primary
No.)
Resource Type Description
Distance
From Project
Site
(miles)
NRHP/CRHR
Eligibility
Status
Notes: NRHP = National Register of Historic Resources.
CRHR= California Register of Historical Resources
A pedestrian field survey of the APE was conducted on June 7, 2024, using northwest -southeast running transects spaced five meters apart, to determine the presence of any previously undocumented cultural resources. All undeveloped ground surface areas within the ground disturbance portion of the Project Area were examined for artifacts (e.g., flaked stone tools, tool - making debris, stone milling tools or fir e-affected rock), soil discoloration that might indicate the presence of a cultural midden, soil depressions and features indicative of the former presence of structures or buildings (e.g., postholes, foundations), or historic -era debris (e.g., metal, glas s, ceramics). Existing ground disturbances (e.g., cutbanks, ditches, animal burrows, etc.) were visually inspected. Photographs of the Project Area, including ground surface visibility and items of interest, were taken with a digital camera. No archaeological resources were identified during the survey.
In addition to the CHRIS records search, a variety of sources were consulted in June 2024 to obtain information regarding the cultural context of the Project vicinity. Sources included the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), Built Environment Resource Directory (BERD), California Historical Landmarks (CHL), and California Points of Historical Interest (CPHI). Cogstone’s Architectural Historian, Shannon Lopez, also contacted the Coachella Valley Hi storical Museum on May 3, 2024. A museum representative responded on May 11, 2024 via electronic mail indicating they found no evidence of historically significant buildings in this area.
Discussion of Impacts
a) Less Than Significant Impact. For purposes of §15064.5 of the California Code of Regulations, the term “historical resource” includes a resource listed in, or determined to be eligible for listing in the California Register of Historical Resources (CRHR); a resource included in a local register of historical resources or identified as significant in a historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code; or any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant.
Generally, a resource shall be considered by the lead agency to be "historically significant" if the resource meets the criteria for listing on the CRHR (Pub. Res. Code, §5024.1, Title 14 CCR, Section 14 CCR, Section 4852)
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 340 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 53 December 2024
To be considered historically significant, a resource must meet one of four criteria for listing outlined in the CRHR (CEQA Guidelines 15064.3 (a)(3)) and/or in the NRHP (36 CFR Part 60.4).
In addition to meeting one of the criteria outlined the CRHR, a re source must retain enough intact and undisturbed deposits to make a meaningful data contribution to regional research issues (CCR Title 14, Chapter 1.5 Section 4852 [c]). Further, based on CEQA Guidelines Section 15064.5 (b), substantial adverse change would include physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource is materially impaired. This can occur when a project:
• Demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the CRHR, NRHP, a local register, or historic resources. • Demolishes or materially alters in an adverse manner those physical characteristics that account for its identification in an historical resources survey meeting the requirements of PRC §5024.1(g), unless the public agency establishes by a preponderance of the evidence that the resource is not historically or culturally significant.
The record search of the EIC did not identify any historic resources on the Project site. Additionally, the Project site does not contain any buildings or structures. Therefore, the Project would not cause a change in the significance of a historical resource. No impact would occur , and no mitigation is required.
b). Less Than Significant With Mitigation Incorporated. The Cultural and Paleontological Resources Assessment For The Maverik Fueling Station and Convenience Store Project (Cogstone, 2024, Appendix B) identified four cultural resources that have been previously documented within
0.25 miles of the Project site. An intensive pedestrian survey of the Project site was conducted by Cogstone on June 7, 2024. No evidence of an archaeological site was observed during the pedestrian survey and no significant cultural resources were identified. In addition, the CHRIS and SLF searches conducted for the Project indicate that no archaeological or tribal cultural resources have been previously recorded within the Project area. Based on available data sources, the Project area is considered to have a low sensitivity for Post-Contact non-Native American resources and to have moderate sensitivity for Native American origin cultural resources. However, the Cultural and Paleontological Resources Assessment noted that the Project area is located entirely within the former footprint of Lake Cahuilla.
For this reason, a significant impact to archaeological resources could occur from the various construction disturbances associated with the proposed Project. Implementation of mitigation measures MM CUL-1 through MM CUL-8 and conformance with applicable state regulations would address the recovery of known archaeological historical resources and the potential for encountering undiscovered cultural and/or tribal cultural resources.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 341 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 54 December 2024
With implementation of mitigation measures MM CUL -1 through MM CUL -8, impacts to significant historical resources would be less than significant. c). Less Than Significant With Mitigation Incorporated. While no potential human remains have been identified in the project area, subsurface activities always have some potential to impact previously unknown remains. This potential impact is considered a significant impact. MM CUL-5 will ensure that the potential impacts to previously unknown human remains do not rise to the level of significance pursuant to CEQA. Implementation of MM CUL-5 will reduce the potential impact associated with inadvertent discovery of human remains to a level less than significant.
Mitigation Measures
Implementation of the following mitigation measures would reduce impacts to below a level of significance.
MM CUL-1: Retain a Qualified Archaeologist:
Prior the issuance of a grading permit, the Developer/Permit Applicant shall retain and enter into a monitoring and mitigation service contract with a qualified archaeologist (“Archaeological Monitor”) for mitigation monitoring services, and to implement a Cultural Resource Monitoring Program (CRMP). Principal Archaeological Monitor personnel shall meet the U.S. Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native Ameri can archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified. At least 30 days prior to issuance of grading permits, a copy of the agreement between the Developer/P ermit Applicant and the Archaeological Monitor shall be submitted to the City of Indio Planning Division for verification that the agreement is in place.
MM CUL-2: Native American Monitor:
Prior to the issuance of a grading permit, the Developer/Permit Applicant shall offer to enter into an agreement with the Aqua Caliente Band of Cahuilla Indians, the only tribe that consulted during the AB 52 consultation process for a Native American Monitor. In conjunction with the Archaeological Monitor, a Native American Monitor shall attend a pre -grading meeting with the contractors to provide Cultural Sensitivity Training for all construction personnel involved in ground -disturbing construction activities. In addition, the Native American Monitor shall be on -site during all initial ground disturbing activities and excavation of each portion of the Project site including clearing, grubbing, grading, and trenching in Holocene Age sediments (to a depth of 20 f eet). In conjunction with the Archaeological Monitor, the Native American Monitor shall have the authority to temporarily divert, redirect,
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 342 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 55 December 2024
or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources. The Developer/Permit Applicant shall submit an executed copy of the monitoring agreement(s) to the City of Indio Planning Division for verification that the agreement is in place or shall submit verification that the Tribes have declined to enter into an agreement.
MM CUL-3: Prepare and Implement a Cultural Resource Mitigation and Monitoring Plan.
Prior to issuance of a grading permit, the Applicant shall retain and enter into a monitoring and mitigation service contract with a qualified archaeologist(6) to prepare and implement a Cultural Resource Mitigation and Monitoring Plan (CRMMP), which shall be submitted to and approved by the City of Indio Community Development Department. The purpose of the CRMMP is to document the actions and procedures to be followed to ensure avoidance or minimization of impacts to cultural resources consistent with CEQA Guidelines Section 15126.4(b), and to lay out a detailed program of mitigation for direct and indirect impacts on cultural resources during project implementation. The mitigation and monitoring plan shall identify procedures for monitoring and the implementation of a discovery plan in coordination with affected Tribal groups for disturbance in Holocene Age sediments (to a depth of 20 feet) and include the following at a minimum:
• List of personnel involved in the monitoring activities; • Inclusion of involvement of the Native American community, as appropriate; • Description of the worker awareness program that shall be implemented; • Description of how the monitoring shall occur;
• Description of frequency of monitoring (e.g., full -time, part -time, spot checking);
• Description of resources expected to be encountered (if any); • Description of circumstances that would result in the halting of work at the project site;
• Description of procedures for halting work on the site and notification procedures including the notification of the Applicant, the ICPDSD, and tribal representatives within 24 hours of the inadvertent discovery of archaeological resources; and
6 Meeting the Secretary of the Interior’s Professional Standards published in Appendix A of 36 CFR Part 61.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 343 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 56 December 2024
• Description of monitoring reporting procedures.
The project’s grading and construction plans and specifications shall state that full-time monitoring by a qualified archaeologist shall be conducted during the initial grubbing and ground disturbance for the Project. In the event that archaeological resources are inadvertently discovered during ground -disturbing activities, work must be halted within 50 feet of the find until it can be evaluated by a qualified archaeologist. Construction activities could continue in other areas. If the discovery proves to be significant, additional work, such as data recovery excavation or fossil recovery, may be warranted and would be discussed in consultation with the appropriate regulatory agency(ies).
MM CUL-4: Cultural Resources Construction Monitor.
The Applicant shall retain qualified archaeological monitors and a traditionally and culturally affiliated (TCA) Native American Monitor from the Aqua Caliente Band of Cahuilla Indians (ACBCI) during all excavation or earth -moving within the Project site in Holocene -aged deposits. The Construction Contractor shall give the ABCI’s Historic Preservation Officer (THPO) or other designated representative 30- days advanced notice of the monitoring opportunity in order to draft a monitoring contract in a timely manner and shall provide a copy of such notice to the City of Indio Community Development Department.
If a significant cultural resource site is found during ground-disturbing activities the resource will be protected in place, or data recovery will be initiated, consistent with the mitigation and monitoring plan required by MM-CUL-3.
MM CUL-5: Human Remains.
Procedures of conduct following the discovery of human remains on non -federal lands have been mandated by California Health and Safety Code §7050.5, California Public Resources Code §5097.98, and California Code of Regulations (CCR) §15064.5(e). Should hum an remains be encountered, all work in the immediate vicinity of the burial must cease, and any necessary steps to ensure the integrity of the immediate area must be taken. The County Coroner will be immediately notified.
The Coroner must then determine wh ether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner has 24 hours to notify the NAHC, who will, in turn, notify the person they identify as the most likely descendent (MLD) of any human remains. Furt her actions will be determined, in part, by the desires of the MLD. The MLD has 48 hours to make recommendations regarding the disposition of the remains following notification from the NAHC of the discovery. If the MLD does not make recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the remains in an area of the property
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 344 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 57 December 2024
secure from further disturbance. Alternatively, if the owner does not accept the MLD’s recommendations, the owner or the descendent may request mediation by the NAHC.
MM CUL-6: Disposition of Tribal Cultural Resources.
The landowner shall relinquish ownership to the TCA tribe all tribal cultural resources collected during the cultural resource mitigation monitoring conducted for the Project site for respectful and dignified treatment and disposition, including reburial, in accordance with the Tribe’s cultural and spiritual traditions. All cultural materials that are associated with burial and/or funerary goods will be repatriated to the Most Likely Descendant as determined by the Native American Heritage Commission per California Public Resources Code Section 5097.98.
MM CUL-7: Unanticipated Discoveries Historic Properties Treatment Plan/Data Recovery Plan
Should an unanticipated discovery be made, avoidance is the preferred treatment (CEQA Guidelines, Section 15126.4(b)(3)(A)), but if the site cannot be avoided in place, then the site will be further evaluated. Immediately upon discovery of a find, a qualified archaeologist will evaluate the significance of the newly discovered site or unanticipated discovery along with attempted consultation with designated Native American representatives in order to provide proper management recommendations.
If testing and evaluation of the site is recommended, the qualified archaeologist shall prepare a research design, schedule, and budget for review and approval by the City of Indio Community Development Department and the Applicant. During evaluation and testing, the appropriate Native American tribe shall be notified in advance so that a tribal monitor can be present and assist with the work being conducted. At the completion of the monitoring program, the qualified archaeologist shall prepare a monitoring report that d escribes the project, the personnel used, the dates of performance, and results. If cultural resources are recovered and cannot be preserved in place, they shall be cleaned, catalogued, analyzed , and reburied in a nearby area, after consultation or curated at the California Historical Resources Regional Information Center. If reburial in a nearby area or curation at the California Historical Resources Regional Information Center are not feasible, the tribal cultural resource shall be curated with the ACBCI THPO.
MM CUL-8: Prepare Final Monitoring Report and/or Evaluation Report.
Prior to the release of the grading bond and no later than 90 days after monitoring has been completed, a Monitoring Report and/or Evaluation Report shall be completed. This report shall describe the results, analysis and conclusions of the cultural resour ce mitigation monitoring efforts such as, but not limited to, the
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 345 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 58 December 2024
Research Design and Data Recovery Program. It will also include a list of project personnel, a catalog of any cultural resources that were identified, any associated DPR 523 Forms and/or confidential maps, details of the location of the final disposition of cultural resources (if any), any issues or problems that occurred during monitoring, and any other pertinent information. The Monitoring Report shall be submitted by the project archaeologist, along with the notes and comments from the ACBCI Native American Monitor(s), to the City of Indio Community Development Department for review and approval. Upon approval by the Lead Agency, a complete final report shall be submitted to the appropriate Information Center, and TCA Tribes, any relevant curation facility, and the landowner/applicant.
3.6 ENERGY.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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?
Energy relates directly to environmental quality as energy use can adversely affect air quality and other natural resources. The vast majority of California’s air pollution is caused by burning fossil fuels. Consumption of fossil fuels is linked to changes in global climate and depletion of stratospheric ozone. Transportation energy use is related to the fuel efficiency of cars, trucks, and public transportation; choice of different travel modes (e.g., auto, carpool, and public transit); vehicle speeds; and miles traveled by these modes. Construction and routine operation and maintenance of transportation infrastructure also consume energy. In addition, residential, commercial, and industrial land uses consume energy, typically through the usage of natural gas and electricity.
California relies on a regional power system comprised of a mix of natural gas, renewable, hydroelectric, and nuclear generation resources. Natural gas provides California with a majority of its electricity followed by renewables, large hydroelectric and nuclear (California Energy Commissions [CEC], 2018). In Indio, electricity services are provided by the Imperial Irrigation District (IID).
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 346 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 59 December 2024
Electricity consumption within the IID service area for 2022 (7) is outlined in Table 13.
TABLE 13. ELECTRICITY CONSUMPTION IN IID SERVICE
AREA (2022)
Sector Millions of kWh
(GWh) (1)
Ag & Water Pump 274.04
Commercial Building 1,110.58
Commercial Other 178.15
Industry 172.03
Mining & Construction 75.37
Residential 1,762.72
Streetlight 11.48
Total 3,584.37
Note: (1) = Rounded to nearest 0.00
Source: California Energy Commission, 2024.
Natural gas is provided by SoCalGas (SoCalGas, 2024). SoCalGas gets most of its natural gas from natural gas production fields in New Mexico, west Texas , and Oklahoma, as well as in the Rocky Mountains and Canada. The remaining natural gas supply percentage is produced locally in Central and Southern California from onshore and offshore fields (SoCalGas, 2013).
According to the California Energy Commission’s Website on Natural Gas Consumption by County, the Riverside County’s Non-Residential sector consumed 146.9 million therms (MMBtu) of natural gas in 2022; its Residential sector consumed 284.1 MMBtu in 2022, for a total consumption of 431.05 MMBtu (California Energy Commission, 2024).
Discussion of Impacts
a) Less Than Significant Impact. The Project would involve the use of energy during construction and operation. Energy use during the construction phase would be in the form of fuel consumption (e.g., gasoline and diesel fuel) to operate heavy equipment, light-duty vehicles, and machinery.
The long -term operation of the proposed includes electricity and natural gas service to power internal and exterior building lighting, and heating and cooling systems. In addition, the increase in vehicle trips associated with the project would increase fuel consumption within the County.
7 2022 is the most recent year that data is available.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 347 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 60 December 2024
Energy Use
The following tables show estimated gasoline demand for construction workers (Table 14) and for construction equipment by project phase and year (Table 15). All fuel calculations are based on the total Carbon Dioxide Equivalent (CO2e) value calculated for each construction phase and vehicle miles traveled (VMT) using the California Emission Estimator Model (CalEEMod) version 2022.1.
Data are reported in ann ual metric tons of CO2e for the duration of each construction phase as presented for “Workers” and “Off-Road Equipment” in the Construction Emission Details modeling of the Air Quality and Greenhouse Gas Study for the project (BPG, 2024; Appendix A CalEEMod Model Results, Sections 3.1 through 3.13 ). Metric tons are converted to kilogram CO2e by multiplying by 1,000 and then divided by a conversion factor used by the U.S. Environmental Protection Agency to estimate gallons of gasoline (8.87) and diesel fuel (10.18) consumed based on carbon emissions (US Environmental Protection Agency “Greenhouse Gases Equivalencies Calculator, 2024).
Table 14 shows the gasoline demand for construction workers by project phase and year. Table 15 shows the diesel fuel demand for equipment operation. For the purpose of determining fuel demand, it was assumed that all worker vehicles would be gasoline fueled and all construction equipment would be diesel fueled.
TABLE 14. CONSTRUCTION WORKER GASOLINE DEMAND
Project Phase and Year CO2E
MT (1)
Kg
CO2e Gallons
Demolition – 2025 1.86 1,860 210
Site Preparation – 2025 0.54 540 61
Grading – 2025 0.74 740 83
Building Construction - 2025 2.66 2,660 300
Building Construction - 2026 0.07 70 8
Paving - 2026 2.19 2,190 247
Architectural Coating - 2026 0.04 40 5
TOTAL 8.1 8,100 913
Notes: MT = metric tons. Kg= kilograms.
Source: (1) BPG, 2024 (Appendix A, CalEEMod Model Results, Sections 3.1 through 3.13).
TABLE 15. CONSTRUCTION EQUIPMENT DIESEL DEMAND
Project Phase and Year CO2E
MT
Kg
CO2e Gallons
Demolition – 2025 31.2 31,200 3,065
Site Preparation – 2024 12.1 12,100 1,189
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 348 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 61 December 2024
TABLE 15. CONSTRUCTION EQUIPMENT DIESEL DEMAND
Project Phase and Year CO2E
MT
Kg
CO2e Gallons
Grading - 2025 10.8 10,800 1,061
Building Construction - 2025 246 246,000 24,165
Building Construction - 2026 6.23 6,230 612
Paving - 2026 11.1 11,100 1,090
Architectural Coating - 2026 1.09 1,090 107
TOTAL 318.52 318,520 31,289
Notes: MT = metric tons. Kg= kilograms.
Source: (1) BPG, 2024 (Appendix A, CalEEMod Model Results, Sections 3.1 through 3.13).
During operation, the Project would generate demand for 347,773 kilowatt hours (kWh) of electricity and 129,417 British Thermal Units (0 .129417 MMBTU) of natural gas annually (BPG, 2024; Appendix A). The annual gasoline and diesel demand consumed by passenger vehicles and trucks entering and exiting the site for refueling would be approximately 195,000 gallons.
The construction and operation of the Project would comply with all applicable federal, State, and local regulations regulating energy usage. The project will implement Title 24 Energy Efficiency Standards and California Green Building Standards Code ( CalGreen) requirements for new construction that may include rooftop solar, double -pane windows, electric vehicle charging, LED lights, low -flow toilets, faucets drip irrigation, and the use of drought -tolerant landscaping to increase water conservation.
Energy-saving strategies will be implemented where possible to further reduce the project’s energy consumption during the construction phase. Strategies being implemented include those recommended by the California Air Resources Board (CARB) that may reduc e both the project’s energy consumption, including diesel anti-idling measures, light-duty vehicle technology, usage of alternative fuels such as biodiesel blends and ethanol, and heavy -duty vehicle design measures to reduce energy consumption. As such, im pacts would be less than significant and no mitigation would be required.
b) Less Than Significant Impact . The Project would be designed in a manner that is consistent with relevant energy conservation plans designed to encourage development that results in the efficient use of energy resources. The Project will be built to the Energy Efficiency Standards for Residential and Nonresidential Buildings , as specified in Title 24, Part 6, of the CCR (Title 24).
Title 24 was established in 1978 in response to a legislative mandate to reduce California’s energy consumption. Title 24 is updated approximately every three years; the 2016 standards became effective January 1, 2017. The 2019 Title 24 updates went into effect on January 1, 2020. The 2019 Energy Standards improve upon the 2016 Energy Standards for new construction of, and additions
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 349 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 62 December 2024
and alterations to, residential and nonresidential buildings. The 2019 update to the Energy Standards focuses on several key areas to improve the energy efficiency of newly constructed buildings and additions and alterations to existing buildings. The 2019 Energy Standards are a major step toward meeting Zero Net Energy. Buildings permitted on or after January 1, 2020, must comply with the 2019 Standards. Compliance with Title 24 is mandatory at the time new building permits are issued by city and county governments. Additionally, in January 2010, the State of California adopted the California Green Building Standards Code (CalGreen) that establishes mandatory green building standards for all buildings in California. The code was subsequently updated in 2013 . The code covers five categories: planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and indoor environmental quality. Furthermore, the Project would also be consistent with the County ’s General Plan, which strives to promote development that is sustainable in its use of land and limits impacts on natural resources, energy, air and water.
Mitigation Measures
No mitigation would be required.
3.7 GEOLOGY AND SOILS.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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?
iii) Seismic-related ground failure,
including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss
of topsoil?
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 350 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 63 December 2024
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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 wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
ECS Southwest, LLP prepared a Geotechnical Engineering Study for the Proposed Maverik Fueling Station and Convenience Store Project in July 202 3 (ESC Southwest, Geotechnical Engineering Report Proposed Maverik Gas Station and Convenience Store , 2023a; Appendix C ). The Geotechnical Study, included as Appendix C of this Initial Study, evaluated the subsurface soil and groundwater conditions at the Project site, and made recommendations for foundation, earthwork, pavement and seismic considerations. Additional ly, to define and evaluate the subsurface soil and groundwater conditions, six bore holes were drilled at the site to depths of approximately 6.5 to 71.5 feet below the existing ground surface. An infiltration test was also performed in bore hole B-3. The location of the bore holes (B -1 through B -6) is provided on Figure 1 of Append ix F of the Geotechnical Report.
Cogstone Resource Management prepared the Cultural and Paleontological Resources Assessment For The Maverik Fueling Station and Convenience Store Project (Cogstone, 2024, Appendix B ).
The Cultural and Paleontological Assessment, included as Appendix B of this Initial Study, evaluate potential effects to cultural and paleontological resources that could result from implementation of the Project.
The analysis contained in this section is based on the findings of this technical report.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 351 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 64 December 2024
Discussion of Impacts
a.i) Less Than Significant Impact. The Project site has the potential to experience ground shaking from earthquakes along regional faults including the San Andreas fault, San Jacinto fault, and faults associated with the Eastern California shear zone. Based on the proximity of mapped strands of this known fault, the potential for ground shaking at the site resulting from seismic activity in the region is likely. The project site does not lie within a currently delineated State of California, Alquist‐Priolo Earthquake Fault Zone (CGS 2018). Well‐delineated fault lines cross through this region as shown on California Geological Survey (CGS) Fault Activity Map (2010); however, no a ctive faults are mapped in the immediate vicinity of the site. The closest active faults are traces/segments of the San Andreas fault zone, located approximately 1.5 miles northeast of the site. Therefore, active fault rupture is unlikely to occur at the p roject site. While fault rupture would most likely occur along previously established fault traces, future fault rupture could occur at other locations.
The geotechnical study calculated the site coefficients and adjusted the maximum considered earthquake spectral response acceleration parameters for the proposed Project (ECS 2024; p.16).
The site soils are classified as Site Class D (ECS, 2024). Because o f the potential for structural damage to facilities, site structures will be designed in accordance with the latest edition of the California Building Code for Seismic Zone 4 for a "Maximum Considered Earthquake," as adopted by the County and with the appropriate site coefficients.
Additionally, the Project is required to design commercial buildings and associated infrastructure to withstand substantial ground shaking in accordance with all applicable State laws and applicable codes included in the California Building Code (CBC) Titl e 24 for earthquake construction standards and building standards code including those relating to soil characteristics (California Building Standards Commission, 2022). Adherence to these standards would ensure that the potential for structural damage to facilities and corollary indirect impacts associated with seismic - related ground shaking would be less than significant.
In accordance with the Alquist -Priolo Special Studies Zone Act (Chapter 7.5, Division 2, Public Resources Code, State of California, effective May 4, 1975) the Office of State Geologist delineated Special Study Zones which encompass potentially and recentl y active traces of four major faults (San Andreas, Calaveras, Hayward and San Jacinto). The Alquist-Priolo Special Study Zone Act is enforced by the City of Indio Community Development Department to assure that homes, offices, hospitals, public buildings, and other structures for human occupancy which are built on or near active faults, or if built within special study areas, are designed and constructed in compliance with the City of Indio Codified Ordinance.
No active faults are currently mapped in the immediate project vicinity. The closest mapped Holocene‐active faults are segments of the San Andreas fault located approximately 1.5 miles northeast of the project site. The site does not lie within a currently designated Alquist‐Priolo Earthquake Fault zone or Riverside County designated fault zone.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 352 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 65 December 2024
The General Plan’s Safety Element (SE) contains a number of policies that would minimize impacts related to seismic hazard, including Policy SE-4.1, Policy SE-4.2, Policy SE-4.3, Policy SE-4.4 and Policy SE-4.8.
Development of the proposed fueling station convenience store would adhere to all applicable policies of the General Plan and CBC for accepted structural standards and minimize the risk of loss, injury, or death. Therefore, impacts would be less than significant. a.ii) Less Than Significant Impact. The Project site has the potential to experience ground shaking from earthquakes along regional faults including the San Andreas fault, San Jacinto fault, and faults associated with the Eastern California shear zone. Based on the proximity of mapped strands of this known fault, the potential for ground shaking at the site resulting from seismic activity in the region is likely. The project site does not lie within a currently delineated State of California, Alquist‐Priolo Earthquake Fault Zone (CGS 2018). Well‐delineated fault lines cross through this region as shown on California Geological Survey (CGS) Fault Activity Map (2010); however, no active faults are mapped in the immediate vicinity of the site. The closest active faults are traces/segments of the San Andreas fault zone, located approximately 1.5 miles northeast of the site. Therefore, active fault rupture is unlikely to occur at the project site. While fault rupture would most likely occur along previously established fault traces, future fault rupture could occur at other locations.
The geotechnical study calculated the site coefficients and adjusted the maximum considered earthquake spectral response acceleration parameters for the proposed Project (ECS 2024; p.16).
The site soils are classified as Site Class D (ECS, 2024). Because o f the potential for structural damage to facilities, site structures will be designed in accordance with the latest edition of the CBC for Seismic Zone 4 for a “Maximum Considered Earthquake,” and with the appropriate site coefficients.
Additionally, the Project is required to design commercial buildings and associated infrastructure to withstand substantial ground shaking in accordance with all applicable State laws and applicable codes included in the CBC Title 24 for earthquake constru ction standards and building standards code including those relating to soil characteristics (California Building Standards Commission, 2022). Adherence to these standards would ensure that the potential for structural damage to facilities and corollary in direct impacts associated with seismic -related ground shaking would be less than significant.
a.iii) Less Than Significant Impact. Liquefaction is defined as the condition when saturated, loose, sandy soils lose their support capabilities because of excessive pore water pressure which develops during a seismic event.
In general, for the effects of liquefaction to be manifested at the surface, groundwater levels must be within 50 feet of the ground surface and the soils within the saturated zone must also be susceptible to liquefaction. ESC Southwest, LLC, in their proj ect-specific Geotechnical
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 353 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 66 December 2024
Investigation, found groundwater at 7½ feet below the ground surface. Also, the site is within a “HIGH” liquefaction hazard zone as defined by Riverside County (Geographic Information Services, 2023) and parcel report. For this reason, the project site shall adhere to the standard design requirements stated in the most recent CBC and adhere to City policy SE-4.1 (referenced above), as well as the City’s building standards in order to ensure the safety of the project against seismically induced hazards. Overall, impacts from seismically induced ground failure such as liquefaction is anticipated to be less than significant at the project site a.iv) No Impact. The Project site is relatively flat with no significant topological features. As such, there is no potential for rock falls and landslides to impact the project in the event of a major earthquake, as the area has no dramatic elevation changes. The site’s topography would not change substantially as a result of project development since the site is essentially flat in nature with no surrounding slopes, and it is not considered to be prone to landslides. No landslide deposits or features, including lateral spread deposits, are mapped on or adjacent to the Project . The site is not located within a known or mapped potential debris flow, stream flooding, or rock fall hazard area.
The Project would not expose people or structures to potential substantial adverse effects from landslides. Therefore, there would be no impact.
b) Less Than Significant Impact. During the site grading and construction phases, large areas of unvegetated soil could be exposed to erosive forces by water for extended periods of time.
Unvegetated soils are much more likely to erode from precipitation than vegetated areas because plants act to disperse, infiltrate, and retain water. Construction activities involving soil disturbance, excavation, cutting/filling, stockpiling, and grading activities could result in increased erosion and sedimentation to su rface waters. Construction could produce sediment -laden stormwater runoff (nonpoint source pollution), a major contributor to the degradation of water quality. If precautions are not taken to contain contaminants, construction related erosion impacts are c onsidered a significant impact.
The Project is not expected to result in substantial soil erosion or the loss of topsoil over the long - term. Project applicant would be required to implement on -site erosion control measures in accordance with County standards, which require the preparation, review, and approval of a grading plan by the County Engineer. Given these considerations the Project’s long-term impact in terms of soil erosion and loss of topsoil would be less than significant. c) No Impact. See discussion of Impact 7.a.4 above.
d) No Impact. The Geotechnical Engineering Study prepared by CMT Engineering Laboratories for the Proposed Maverik Store (ESC, 2024; Appendix C) did not identify the presence of expansive soils on the Project site. No impact under this criterion would be expected and no mitigation would be required.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 354 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 67 December 2024
e) Less Than Significant Impact. Portable chemical toilets would be provided on -site during construction and waste pumped and transported by licensed contractors to a sanitary water treatment plant. The project will connect to the public sewer system and no septic tanks or alternative wastewater disposal systems are proposed. No impacts are anticipated. f) Less Than Significant With Mitigation Incorporated . To evaluate the Project’s potential impacts on significant paleontological resources, a paleontological records search was conducted at the San Diego Natural History Museum (SDNHM) to determine if any documented fossil collection localities occur within the study area or immediate surrounding area. This involved examination of the SDNHM paleontological database for any records of known fossil collection localities within a 5-mile radius of the study are a. Additional records from the San Bernardino County Museum, the University of California Museum of Paleontology database, the PaleoBiology Database, and pertinent print sources were searched for records of fossils from the region. No recorded paleontological localities producing vertebrate fossils were found within one mile of the Project Area (Cogstone, 2024).
A paleontological field survey of the study area was conducted on June 7, 2024. The purpose of the field survey was to confirm the published geologic mapping, to field check the results of the literature and record searches, and to determine the paleontological potential of the strata present within the study area. No archaeological or paleontological materials were identified during the survey.
The County of Riverside paleontological sensitivity mapping gives the Project a high (High A) potential for fossil resources in all sediments within the Project Area. However, the sediments to be impacted during construction are reclassified to low potential based on the following:
• A study of Lake Cahuilla beds in La Quinta produced radiometric ages of charcoal from La Quinta produced dates of between 5,890 + 60 and 1,080 + 80 years old from depths of 10.5 feet and 3.3 feet, respectively. No fossils of extinct animals were recovered from the 7,050 pounds of sediment washed from sediment up to 13 feet below the surface (Whistler et al. 1995).
• The snails and clams of the Lake Cahuilla beds are extremely common and are found throughout area that this lake previously covered. They are not considered to be scientifically significant.
• Typically, geological units less than 11,700 years old (Holocene) are given a low sensitivity as they are too young to contain the remains of extinct Pleistocene animals. • No paleontological monitoring done by or reported to the San Bernardino County Museum in the valley areas of the northern Salton Trough from ~1980 through ~2010 produced any fossils from extinct animals. This was during a period of intense building in the area so the lack of fossils recovered indicates that the Holocene deposits are at
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 355 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 68 December 2024
least 10 feet deep. Based on radiometric dating by Whistler et al. (1995) in La Quinta, the Holocene sediments may extend to a depth of 20 feet.
With USTs requiring excavation to depths of approximately 30 feet, construction of the Project would result in disturbances of unknown paleontological resources. Implementation of mitigation measures MM PAL-1, MM PAL-2 and MM PAL-3 would ensure that the unanticipated discovery of such fossils are assessed for significance and, if significant, salvaged and curated with an accredited repository. Thus, impacts to fossil resources would be reduced to a less -than-significant level.
Mitigation Measures
Implementation of the following mitigation measures would reduce impacts to below a level of significance.
MM PAL-1: Paleontological Construction Monitoring
A paleontological mitigation plan shall be prepared by a qualified paleontologist.
The paleontological mitigation plan can be implemented before and/or during construction; however, the latter is more common on most construction projects. The paleontological mitigation plan shall include the following elements:
• A qualified paleontologist shall attend the pre -construction meeting to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. A qualified paleontologist is defined as an in dividual with an MS or Ph.D. in paleontology or geology that also is familiar with paleontological procedures and techniques, is knowledgeable in the geology and paleontology of the Project area and has worked as a paleontological mitigation project supervisor in the area for at least one year.
• Ground-disturbing construction activities shall be monitored by a qualified paleontologist to assess, document, and recover unique fossils. A paleontological monitor shall be on-site on a full-time basis during the original cutting of previously undisturbe d deposits of high paleontological resource potential (e.g., Lake Cahuilla sediments) to inspect exposures for contained fossils. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor should work under the direction of a qualified paleontologist. • A professional repository shall be contracted by the project paleontologist prior to the start of earthwork to curate and store any discovered fossils. Such an institution shall be a recognized paleontological specimen repository with a permanent curator, such as an AAM -accredited museum or university (e.g.,
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 356 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 69 December 2024
University of California Museum of Paleontology, or San Diego Natural History Museum). The repository shall be capable of storing fossils in a facility with adequate security against theft, loss, damage, fire, pests, and adverse climate conditions.
• If paleontological resources are discovered during ground-disturbing activities, the qualified paleontologist (or paleontological monitor) shall have the authority to divert, direct, or temporarily halt ground disturbing activities in the area of discovery to allow for preliminary evaluation of potentially significant paleontological resources and to determine if additional measures (i.e., collection and curation) are r equired. The significance of the discovered paleontological resources will be determined by the Project Paleontologist. For significant paleontological resources, a fossil recovery program will be initiated. • In most cases, the assessment and salvage of fossils can be completed in a short period of time; however, some fossil specimens (such as a complete large mammal skeleton or concentrations of vertebrate fossils ) may require several days to weeks to complete. In these instances, project delays can be avoided or minimized by diverting earthwork operations to other areas of the project while fossil recovery work is under way.
• A temporary construction exclusion zone of at least 50 feet, consisting at a minimum of lath and flagging tape, will be erected around the discovery. The exclusion zone acts as a buffer around the discovery and is maintained for safety.
The Applicant, thro ugh its qualified paleontological monitor will report the discovery to the City within 24 hours. Construction activities can occur outside the buffer if it is safe to do so. The size of the buffer may be increased or decreased once the monitor adequately e xplores the discovery to determine its size and significance. If indicators of potential microvertebrate fossils (e.g., small mammal, bird, reptile, amphibian, or fish remains) are found screening of a test sample shall be carried out as outlined in the Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources developed by the Society of Vertebrate Paleontology (SVP, 2010 (SVP, 2010).
This procedure will be outlined in the Plan.
• In the event fossils are discovered and salvaged, the fossils will be prepared, identified, catalogued, and stored in the designated repository, and a final paleontological mitigation report written that summarizes the results and findings of paleontological monitoring. If no fossils are salvaged over the course of monitoring, an abbreviated final paleontological mitigation report will be prepared.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 357 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 70 December 2024
MM PAL-2: Worker’s Environmental Awareness Program (WEAP) The Project Paleontologist shall develop a Worker’s Environmental Awareness Program (WEAP) to train the construction crew on the legal requirements for preserving fossil resources as well as procedures to follow in the event of a fossil discovery. This training program shall be given to the crew before ground-disturbing work commences and will include handouts to be given to new workers as needed.
At least 60 days prior to the start of ground-disturbing activities, the Applicant shall submit the WEAP presentation and associated materials to the City of Indio Community Development Department for review and approval.
MM PAL-3 Prepare Final Paleontological Monitoring Report.
Prior to the release of the Grading Bond and no later than 90 days after paleontological monitoring has been complete, a Final Paleontological Monitoring Report shall be completed that documents implementation of the WEAP and resents the results of the paleontological monitoring effort. In the event that fossils are recovered, the report will include discussions of the metho ds used, stratigraphic section(s) exposed, fossils collected, and significance of the recovered fossils relative to the research themes and questions. A complete inventory of salvaged, prepared, and curated fossils will be included. In the event that no fossils are recovered, an abbreviated report that summarizes the field methods used and stratigraphy exposed will be completed. The Final Paleontological Monitoring Report shall be submitted to the City of Indio Community Development Department.
3.8 GREENHOUSE GAS EMISSIONS.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
b) Conflict with an applicable plan or policy
or regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
Birdseye Planning Group ( BPG) has prepared an Air Quality and Greenhouse Gas Study for the Maverik Fueling Station and Convenience Store Project (BPG, 2024). The Air Quality and Greenhouse Gas Study, included as Appendix A of this Initial Study, analyzed potential air quality
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 358 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 71 December 2024
and greenhouse gas impacts associated with the proposed Maverik Fueling Station and Convenience Store Project in the City of Indio, California. The analysis contained in this section is based on the findings of this technical report.
Regulatory Setting
Significant legislative and regulatory activities directly and indirectly affect climate change and GHGs in California. The primary climate change legislation in California is Assembly Bill (AB) 32, the California Global Warming Solutions Act of 2006. AB 32 focuses on reducing greenhouse gas emissions in California, and AB 32 requires that GHGs emitted in California be reduced to 1990 levels by the year 2020. In addition to AB 32, Executive Order B-30-15 was issued on April 29, 2015 that aims to reduce California’s GHG emissions 40 percent below 1990 levels by 2030. In September 2016, AB 197 and Senate Bill (SB) 32 codified into statute the GHG emission reduction targets provided in Executive Order B-30-15.
The California Air Resources Board (CARB) is the state agency charged with monitoring and regulating sources of emissions of GHGs in California that contribute to global warming in order to reduce emissions of GHGs. The CARB Governing Board approved the 1990 GHG emissions level of 427 million tons of CO2 equivalent (MtCO 2e) on December 6, 2007. Therefore, in 2020, annual emissions in California are required to be at or below 427 MtCO2e. The CARB Board approved the Climate Change Scoping Plan (Scoping Plan) in December 2008, the First Update to the Scoping Plan in May 2014, and California’s 2017 Climate Change Scoping Plan in November 2017. The Scoping Plans define a range of programs and activities that will be implemented primarily by state agencies but also include actions by local government agencies. Primary strategies addressed in the Scoping Plans include new industrial and emission control technologies; alternative energy generation technologies; advanced energy conservation in lighting, heating, cooling, and ventilation; reduced- carbon fuels; hybrid and electric vehicles; and other methods of improving vehicle mileage. Local government will have a part in implementing some of these strategies. The Scoping Plans also call for reductions in vehicle-associated GHG emissions through smart growth that will result in reductions in vehicle miles traveled (CARB 2008, 2014, 2017).
South Coast Air Quality Management District. The SCAQMD only has authority over GHG emissions from development projects that include air quality permits. If the project requires a stationary permit, it would be subject to the applicable SCAQMD regulations.
SCAQMD Regulation XXVII, adopted in 2009 includes the following rules:
• Rule 2700 defines terms and post global warming potentials. • Rule 2701, SoCal Climate Solutions Exchange, establishes a voluntary program to encourage, quantify, and certify voluntary, high quality certified GHG emission reductions in the SCAQMD.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 359 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 72 December 2024
• Rule 2702, GHG Reduction Program created a program to produce GHG emission reductions within the SCAQMD. The SCAQMD would fund projects through contracts in response to requests for proposals or purchase reductions from other parties.
City of Indio. Adopted in September 2019, the City of Indio Climate Action Plan (CAP) is a tool to identify the sources of emissions in the community and the steps necessary to reduce emissions.
The CAP describes the community and municipal GHG emissions for baseline year 2010 and creates a path to decrease communitywide emissions through strategies and implementation actions. The City of Indio will use these strategies to minimize emissions across households, businesses, and government operations and facilities. This Plan also establishes citywide GHG reduction targets for 2020, 2030, and 2040, which represent the City’s contribution to the State’s effort to reduce GHG emissions.
This CAP evaluates the forecasted growth from the City’s General Plan and the effects of the GHG reduction measures included in the General Plan. This CAP serves as a qualified CAP for the City of Indio which identifies and mitigates significant greenhouse emissions at a programmatic level, allowing future projects meeting specific requirements to refer to this CAP for general environmental analysis. GHG emissions associated with projects that are consistent with the General Plan are assumed to have been quantified as part of the baseline emission forecasts prepared for the CAP.
Discussion of Impacts
a) Less Than Significant Impact. For the Project, the combined annual unmitigated emissions would total approximately 1,746 metric tons per year in CO 2E (Table 16). The proposed project is evaluated based on the threshold of 3,000 MT CO 2E annually. Project -related annual GHG emissions would not exceed the 3,000 metric ton screening threshold; thus, the project will not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Construction and operational project impacts from GHG emissions would be less than significant and no mitigation would be required.
TABLE 16. COMBINED ANNUAL GREENHOUSE
GAS EMISSIONS
Emission Source Annual Emissions (CO2E)
Construction 11 metric tons
Operational
▪ Energy
▪ Solid Waste
▪ Water
▪ Area Sources & Refrigerants
79 metric tons
2 metric tons
1 metric tons
1 metric ton
205 metric tons
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 360 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 73 December 2024
TABLE 16. COMBINED ANNUAL GREENHOUSE
GAS EMISSIONS
Emission Source Annual Emissions (CO2E)
Mobile 1,731 metric tons
TOTAL 2.029 metric tons
Source: BPG, 2024.
b) Less Than Significant Impact . The Applicant would be required to implement California Energy Code Title 24 requirements that would address energy and water use reduction, promotion of green building measures, waste reduction and reduction in vehicle miles traveled. The proposed project would be required to implement all mandatory green building measures for new commercial/retail development under the CALGreen Code. This would require the project be designed to minimize water consumption, increase building system efficiencies, divert construction waste from landfills and maintain buildings systems. Implementation of these building and appliance standards would result in the efficient use of water and energy and reduce the volume of landfilled solid waste during both construction and operation.
There are numerous State plans, policies, and regulations adopted for the purpose of reducing GHG emissions. The principal overall State plan and policy is AB 32, the California Global Warming Solutions Act of 2006. The quantitative goal of AB 32 is to reduce GHG emissions to 1990 levels by 2020. SB 32 would require further reductions of 40 percent below 1990 levels by 2030. Because the Project’s operational year is post -2020, the Project is being designed to reach the quantitative goals set by SB 32. Statewide plans and regulations such as GHG emissions standards for vehicles (AB 1493), the Low Carbon Fuel Standard, and regulations requiring an increasing fraction of electricity to be generated from renewable sources, are being implemented at the statewide level; as such, compliance at the Project level is not addressed. The proposed project would not conflict with statewide plans and regulations.
The project would not conflict with plans to integrate the transportation network and related strategies with an overall land use pattern that responds to projected growth, housing needs, changing demographics, and transportation demands. The project does not involve any improvements to the regional transportation system. The project would be consistent with or would not conflict with any of the goals identified in Connect SoCal.
Impacts related to consistency with the 2022 Scoping Plan would be less than significant. The Project would not conflict with the applicable plans and regulatory programs that are discussed above; and therefore, with respect to this particular threshold, the Project does not have a significant impact.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 361 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 74 December 2024
As discussed, the project would not exceed 3,000 MT of annual CO2e emissions and it would be consistent with Connect SoCal RTP/SCS and the 2017 CARB scoping plan and the 2022 Scoping Plan goals intended to reduce overall regional GHG emissions. The project will not impede or delay local or statewide initiatives to reduce GHG emissions. Impacts would be less than significant.
As stated, the project would not generate enough GHG emissions to cumulatively contribute to global climate change. Measures implemented by the project to reduce overall GHG emissions would also contribute to GHG reduction goals mandated by AB 32 and further address in EO S -3- 05 and SB 32. Thus, the project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases and impacts would be less than significant and no mitigation would be required.
Mitigation Measures
No mitigation would be required.
3.9 HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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 which 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
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 362 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 75 December 2024
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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) For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in
the project area?
g) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h) Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires?
ECS Southwest, LLP prepared a Phase I Environmental Site Assessment (ESA) for the Maverik Fueling Station and Convenience Store Project in May 2023 (ECS, 2023b, Appendix D). The Phase I ESA, included as Appendix D of this Initial Study /MND, was prepared to identify Records of Environmental Consideration (RECs) and certain potential environmental conditions associated with the proposed Maverik Fueling Station and Convenience Store Project in the City of Indio California. No RECs were found.
A material is considered hazardous if it appears on a list of hazardous materials prepared by a federal, state, or local agency or if it has characteristics defined as hazardous by such an agency. A hazardous material is defined by the California Health and Safety Code, § 25501 as follows:
“Hazardous material” means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace o r the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.
A hazardous material is defined in Title 22, § 662601.10, of the California Code of Regulations (CCR) as follows:
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 363 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 76 December 2024
A substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either (1) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed.
The release of hazardous materials into the environment could potentially contaminate soils, surface water, and groundwater supplies.
Under Government Code § 65962.5, both the Department of Toxic Substances Control (DTSC) and the State Water Resources Control Board (SWRCB) are required to maintain lists of sites known to have hazardous substances present in the environment. Both agencies maintain up -to-date lists on their websites. A search of the DTSC (2024) list and SWRCB (2024) lists identified no open cases of hazardous waste violations on, or within one-half mile of the Project site.
The United States Environmental Protection Agency ( USEPA) maintains the Enforcement and Compliance History Online (ECHO) program. The ECHO website provides environmental regulatory compliance and enforcement information for approximately 800,000 regulated facilities nationwide. The ECHO website includes environmental permit, inspection, violation, enforcement action, and penalty information about USEPA-regulated facilities. Facilities included on the site are CAA stationary sources; Clean Water Act facilities with direct discharge permits under the National Pollutant Discharge Elimination System (NPDES); generators and handlers of hazardous waste regulated under the Resource Conservation and Recovery Act; and public drinking water systems regulated under the Safe Drinking Water Act. ECHO also includes information about USEPA cases under other environmental statutes. When available, information is provided on surrounding demographics, and ECHO includes other USEPA environmental data sets to provide additional context for analyses, such as Toxics Release Inventory data. According to the ECHO program, the Project site is not listed as having a hazardous materials violation (ECS, 2024b, Appendix D).
Discussion of Impacts
a) Less Than Significant Impact.
Construction
Project construction-related activities may involve the use and transport of hazardous materials.
These materials may include fuels, oils, mechanical fluids, and other chemicals used during construction-related activities. As such, these materials could ex pose human health or the environment to undue risks associated with their use and no significant impacts will occur during construction activities.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 364 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 77 December 2024
Transportation, storage, use, and disposal of hazardous materials during construction activities will be required to comply with applicable federal, State, and local statutes and regulations.
Transportation of hazardous materials is regulated by the U.S. D epartment of Transportation and the California Department of Transportation (Caltrans). Any hazardous waste or debris that is generated during the construction of the proposed Project would be collected and transported away from the site and disposed of at an approved offsite landfill or another such facility. In addition, sanitary waste generated during construction would be managed through the use of portable toilets, which would be located at reasonably accessible onsite locations.
Operations
Operation of the proposed Project would involve the routine use and storage of hazardous materials, which includes storage of gasoline in the project’s underground fuel storage tanks (UST), as well as delivery of gasoline and subsequent refilling of the tanks. Gasoline is considered a hazardous waste, and therefore, the installation and operation of underground fuel storage tanks are regulated by a variety of State and local agencies.
Development of the Project facilities would include the installation of three USTs for fuel storage.
The installation and operation of USTs would be in compliance with local and State regulations related to UST and hazardous materials. Therefore, the construction of the Project facilities would not create a hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.
The California Environmental Protection Agency (CalEPA) oversees the statewide implementation of the Hazardous Materials Business Plan (HMBP), which aims to prevent or minimize harm to public health and safety, and the environment from the release or threa tened release of hazardous material. The minimum reporting quantities for hazardous materials is 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compress gas.
If a business handles hazardous materials at or in excess of the minimum thresholds, a HMBP is required to be prepared and approved by the State and local jurisdictions. The project developer/operator will be required to submit information to the Californi a Environmental Reporting System (CERS) and Riverside County Department of Environmental Health Hazardous Materials Branch regarding the handling, generation, treatment, use and storage of hazardous materials. The Project facilities would be subject to the HMBP requirements if they handle hazardous materials in excess of minimum reporting quantities. Based on the analysis above, project construction and operation are not anticipated to result in significant impacts as a result of the transportation, use, or disposal of hazardous materials. Therefore, impacts would be less than significant.
b) Less Than Significant Impact. The proposed Project would not result in the routine transport, use, disposal, handling, or emission of any hazardous materials that would create a significant hazard
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 365 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 78 December 2024
to the public or the environment. Potential construction-related hazards could be created during the course of Project construction at the site, given that construction activities involve the use of heavy equipment, which uses small and incidental amounts of oils and fuels and other potentially flammable substances. The level of risk associated with the accidental release of hazardous substances is not considered significant due to the small volume and low concentration of hazardous materials used during construction. The construction contractor would be required to use standard construction controls and safety procedures that would avoid and minimize the potential for accidental release of such substances into the environment. Standard construction practice s would be observed such that any materials released are appropriately contained and remediated as required by local, state, and federal law.
All hazardous materials on the Project site would be handled in accordance with city and state regulations. Long -term impacts associated with handling, storing, and disposing of hazardous materials from project operation would be less than significant because any hazardous materials used for operations would be in small quantities.
c) No Impact. The nearest public school to the Project site is Amistad Continuation High School, approximately 0.9 mile from the Project site. The Project would have no impact in this area. d) No Impact. Under Government Code § 65962.5, both the DTSC and the SWRCB are required to maintain lists of sites known to have hazardous substances present in the environment. Both agencies maintain up-to-date lists on their websites. A search of the DTSC and SWRCB lists verified that the Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
The Phase I ESA prepared for the Project did not identify any RECs and a subsequent Limited Phase II ESA to evaluate the potential presence of banned pesticides above regulatory cleanup levels showed that a de minimis condition currently exists.
In summation, because the Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and the Phase I and Phase II ESAs did not identify any RECs, the Project would not create a significant hazard to the public or environment. No impacts would occur under this criterion and no mitigation would be required. e) No Impact. The Bermuda Dunes Airport , which is a privately -owned public airport and the nearest public airport, is approximately four miles northwest of the Project site. The Project site is not located within the Airport Land Use Compatibility Plan for the Bermuda Dunes Airport (County of Riverside Airport Land Use Compatibility Plan, 2004) or within two miles of a public airport or public use airport. Furthermore, the Project does not propose any new structures which may impede aircraft operations. Thus, no impact would occur.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 366 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 79 December 2024
f) No Impact. The Project site is not in the vicinity of a private airstrip. As noted above, the nearest public airport is located approximately four miles northwest of the Project site. g) No Impact. Standard evacuation routes have not been designated in the City of Indio. However, the City of Indio Fire Department provides emergency response throughout the City. The national standard adopted by the National Fire Protection Association requires an initial response within six minutes and 20 seconds (City of Indio, General Plan Update EIR, Section 4.8.6.1, 2019). In addition, the City has created an Emergency Public Information Resources Guide for Indio residents, visitors, and businesses to use in emergency situations.
The City has developed an Emergency Operations Plan (EOP) to guide the City’s response to emergency situations (City of Indio , City of Indio Emergency Operations Plan, 2007). The plan includes checklists related to considerations for specific types of disasters or emergencies such as wildfire/structural fire, hazardous materials release, earthquake, flood, and terrorism/bioterrorism.
The plan also includes the California Master Mutual Aid Agreement. The Operations Section of the EOP is responsible for coord ination of all emergency response elements for an emergency event and is organized into four branches: Fire and Rescue, Law Enforcement, Community Services, Public Works/Utilities. These branches coordinate on steps outlined in the plan for emergency evacuations with public safety, medical and health services, and delivery of essential provisions and other necessary resources as priorities (City of Indio General Plan Update EIR, Section, 2019).
The Project does not include any actions that would impair or physically interfere with an adopted emergency response plan or emergency evacuation plan. No construction activities would impede the use of surrounding roadways in an emergency evacuation. Similarly, operation of a fueling station and convenience store would not interfere with any emergency response or evacuation plans.
Implementation of the Project would result in no impact in this area. h) No Impact. The Project site is not in an area designated by California Department of Forestry and Fire Protection (CAL FIRE, Fire Hazard Severity Zones, 2024) as a Fire Hazard Severity Zone.
Furthermore, no Very High Fire Hazard Severity Zones are located nearby. Finally, the location of the Project site makes it readily accessible by emergency personnel and vehicles in the event of a wildland fire. For these reasons, there would be no impact.
Mitigation Measures
No mitigation would be required.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 367 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 80 December 2024
3.10 HYDROLOGY AND WATER QUALITY.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface or
groundwater 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:
1) Result in substantial erosion or
siltation on- or off-site;
2) Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site;
3) Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide substantial
additional resources of polluted runoff;
or
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?
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 368 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 81 December 2024
SDC, Inc. prepared a Preliminary Hydrology and Hydraulics Study for the Maverik Fueling Station and Convenience Store Project in December 20 23 (SDC, 2023 , Appendix F ). The Preliminary Hydrology and Hydraulics Study, included as Appendix F of this Initial Study/MND, presented on- site drainage conditions and provided recommendations for drainage and grading concepts for the Project. The analysis contained in this section is based on the findings of this technical report.
Summary of Regulatory Framework Relevant to Hydrology and Water Quality:
Hydrology refers to the occurrence, distribution, and movement of surface water, including water found in rivers and stormwater drainage systems. Stormwater particularly refers to the surface runoff and drainage resulting from rain events. Stormwater runof f and surface drainage patterns are determined by the soil conditions, topography, and associated gradients of the land. Surface water quality refers to selected physical, chemical, or biological characteristics found in stormwater in relation to existing standards. Groundwater is the water found underground in the voids in soil, sand, and rock. It is stored in and moves slowly through aquifers. Groundwater supplies are naturally replenished, or recharged, by precipitation that seeps into the land’s surface and by replenishment efforts made by local water agencies.
The Clean Water Act (CWA) of 1972 was enacted to restore and maintain the chemical, physical, and biological integrity of the nation’s waters by regulating the discharge of pollutants to waters of the U.S. from point sources. The National Pollutant Dischar ge Elimination System (NPDES) was enacted as a program under the CWA to regulate non-point source discharges from urban land runoff and other diffused sources that were also found to contribute to runoff pollution. Under CWA, the Environmental Protection Agency (EPA) delegated the NPDES program responsibility to various state, tribal, and territorial governments, enabling them to perform many of the permitting, administrative, and enforcement aspects of the program. California is a delegated NPDES state and has authority to administer the NPDES program within its limits.
The Porter-Cologne Water Quality Control Act (California Water Code section 13000 et seq.) is the principal law governing water quality regulation for surface waters in California, thus effectuating the delegated provisions of the federal CWA and its NPDES program. It has set forth a comprehensive program to protect water quality and the beneficial uses applicable to surface waters, wetlands, and ground water and to point and nonpoint sources of pollution. The Porter -Cologne Water Quality Control Act establishes that, as a matter of policy, all the waters of the State shall be protected; all activities and factors affecting the quality of water shall be regulated to attain the highest water quality within reason; and that the state must be prepared to exerci se its full power and jurisdiction to protect the quality of water in the state from degradation. The Porter -Cologne Act established the State Water Resources Control Board (SWRCB) and nine California Regional Water Quality Control Boards (RWQCBs), including Region 7, known as the Colorado River Basin Regional Water Quality Control Board, which has jurisdiction in the City of Indio and project site.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 369 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 82 December 2024
Under this framework, the Colorado River Basin Water Quality Control Plan (Basin Plan) serves as the guiding document prepared, adopted, and maintained to identify the existing and potential beneficial uses of waters of the State and establish water qualit y objectives to protect these uses. It is worth noting that as defined in Section 13374 of the California Water Code (CWC), the term "Waste Discharge Requirements” (WDRs) is equivalent of the term "permits” and is therefore attained through a regulatory compliance process. Compliance with WDRs is achieved through the appropriate permit registration process under the applicable NPDES programs described in this section.
At the regional level, the project is located within the Whitewater River Watershed, which is an arid desert region encompassing approximately 1,645 square miles. Within this watershed, an area of approximately 367 square miles (22 percent) encompassing most of the existing development in the Coachella Valley region, is regulated under the established Whitewater River Region Municipal Separate Storm Sewer System (MS4) Permit. The Riverside County Flood Control and Water Conservation District (RCFC & WCD), M ission Springs Water District, and the incorporated Coachella Valley cities, including Indio have joint permittee responsibility for coordinating the regional MS4 Permit compliance programs and other activities aimed at reducing potential pollutants in urb an runoff from land development construction, municipal, commercial, and industrial areas to the maximum extent possible. These public entities are generally in charge of stormwater management within their jurisdiction.
At the City level, hydrology, water quality, and stormwater standards applicable to land development and facility operations are principally covered in Chapter 55 of the City’s Code of Ordinances (City of Indio Storm Water Management and Discharge Control) . The purpose of this chapter is in part to ensure the regulation of non -storm water discharges to the municipal storm drain; controlling the discharge to municipal storm drains from spills dumping or disposal of materials other than storm water; and reducing pollutants in storm water discharged to the maximum extent practicable. This chapter also aims to protect and enhance the quality of city watercourses, water bodies, ground water and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act and the Porter-Cologne Water Quality Control Act.
Moreover, Section 162.140 of the Indio Code of Ordinances requires that properties of one acre or greater in size shall be designed to retain the 100 -year, 24 -hour, duration storm on site. Such properties shall retain this duration storm on site or provide a drainage system to convey the drainage to an acceptable retention site as determined by the Director of Public Works. The City’s stormwater regulations are designed to align with the MS4, NPDES, and CWA programs respectively. The City’s engineering revi ew process ensures that improvement plans are formally checked for compliance with the City’s requirements pertaining to grading, hydrology, and stormwater management prior to issuance of grading permits.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 370 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 83 December 2024
Discussion of Impacts
a) Less than Significant Impact. The project site involves approximately 3.37 acres of undeveloped land. The project site will accommodate new development involving a fueling station and convenience store.
During construction and life of the project (operation) the Project will be required to comply with CWA, NPDES, state, and local regulations designed to prevent violations or impacts to surface water quality standards and waste discharge requirements perti nent to surface or ground water quality. As discussed below, this is achieved through the preparation of applicable compliance plans and permit registration documents that must obtain agency approval prior to issuance of a grading permit, ground disturbanc e, and operation. The project scope does not seek any permitting concessions that would vary from the established requirements for new development.
During the period of construction, the project proponent must comply with the State’s most current NPDES Construction General Permit (CGP), Order 2022 -0057-DWQ. Compliance with the CGP requires the preparation of a Notice of Intent (NOI) and a project -specific Storm Water Pollution Prevention Plan (SWPPP), designed to prevent potential adverse impacts to surface water quality, including erosion and siltation, dur ing the period of construction. The NOI and SWPPP must be submitted to the State Water Resources Control Board (SWRCB) for approval and permit coverage.
The SWPPP is a site -specific compliance plan required to identify a strategy of storm water Best Management Practices (BMPs). Storm water BMPs refer to a schedule of activities, prohibitions, practices, maintenance procedures, and other management practices to avoid, eliminate, or reduce the pollution of the receiving waters, primarily focused on preventing erosion, siltation, illicit discharge, and contamination. The SWPPP will include such measures as erosion control, sediment control, storm drain inlet protection, proper waste management and pollution prevention. The SWPPP must be prepared concurrently with final engineering design and undergo City review in addition to the State permit process. The City’s review process ensures that all responsible parties and compliance plan elements are properly demonstrated. Compliance of this plan during construction will be regulated and enforced as part of the local agency site inspection protocols.
During the life of the project (operation), the project proponent is required to implement an approved Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit. A Preliminary WQMP has been prepared for this project in order to meet the City’s engineering approval requirements and is included as Appendix E. The WQMP takes into account the existing and proposed drainage conditions based on the project specific hydrology report and improvement plans (precise grading).
The proposed development is comprised of a single drainage area (“X -1”) for hydrology and stormwater management purposes. Drainage Area “X -1” covers the 3.34 acre Project site. The Project involves a private storm drain system and bioretention basin, suffi ciently sized to receive
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 371 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 84 December 2024
the stormwater runoff volume for controlling 100 -year storm event and the WQMP MS4 requirements. The preliminary hydrology report and WQMP demonstrate that the bioretention system is adequately sized to accept the on -site tributary runoff, therefore meeting the City’s local retention requirements and the regionally based MS4 requirements.
As a result, project runoff will be completely contained within the proposed bioretention basin and will not result in discharge capable of resulting in downstream hydrologic modifications or a contribution of urban runoff pollutants that would affect surface water quality. As a requirement, all elements of the WQMP implementation, includ ing maintenance, must be documented during the life of the project. The project’s engineering plans, hydrology report, and WQMP will be subject to City review and approval to validate MS4 compliance.
In summary, during construction and operation, project implementation will require plan -based compliance with CWA, NPDES, and local regulations to prevent impacts to water quality standards and the beneficial uses assigned to local receiving waters. The pr oposed storm drain system and retention facilities will ensure that the stormwater capture and management strategy for project runoff will not result in waste discharge violations. Less than significant impacts are expected, and no mitigation would be required.
b) Less than Significant Impact. The project site and entire City of Indio are located within the domestic water service area of Indio Water Authority (IWA), which covers approximately 38 square miles, consisting of 20 groundwater wells, seven storage reservoirs, one large main pressure z one, and two smaller development-based zones. The Coachella Valley Groundwater Basin is the primary groundwater source for the project region’s domestic water purveyors, including IWA. Based on the California Department of Water Resources (DWR), the Coachella Valley Groundwater Basin has an approximate storage capacity of 39.2 million acre-feet (AF) of water within the upper 1,000 feet and is divided into four subbasins: Indio, Mission Creek, Desert Hot Springs, and San Gorgonio.
The project site is specifically underlain by the Indio Subbasin, which is also known as the Whitewater River Subbasin. DWR has estimated that the Indio Subbasin contains approximately
29.8 million AF of water in the first 1,000 feet below the ground surface, representing approximately 76 percent of the total groundwater in the Coachella Valley Groundwater Basin.
The 2002 Coachella Valley Groundwater Management Plan was prepared in collaboration with other local stakeholders with a focus on reducing overdraft, preventing groundwater level decline, protecting groundwater quality, and preventing land subsidence. In 2010, the 2010 Coachella Valley Groundwater Management Plan Update was prepared to document the accomplishments in reducing overdraft and address changed conditions since 2002. In 2014, the California Legislature signed a three-bill legislative package into law, collectively known as the Sustainable Groundwater Management Act (SGMA), allowing local agencies to manage groundwater resources in a sustainable manner. SGMA required that a Groundwater Sustainability Plan (GSP) or Alternative Plan to a GSP (Alterna tive Plan) be adopted for basins and subbasins designated by the DWR as
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 372 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 85 December 2024
medium- and high -priority basins. Basin prioritization is based on a variety of factors such as population, number of wells, and other information determined to be relevant by DWR. The Indio Subbasin was designated as a medium-priority subbasin by DWR.
IWA and other local water purveyors collectively represent the Indio Subbasin Groundwater Sustainability Agencies (GSAs). In January 2017, the GSAs submitted to DWR the 2010 Coachella Valley Water Management Plan (2010 CVWMP), accompanied by an Indio Subba sin Bridge Document, as a SGMA -compliant Alternative Plan. On July 17, 2019, DWR approved the Alternative Plan with a requirement to submit an Alternative Plan Update by January 1, 2022 and every five years thereafter. The Indio Subbasin Water Management P lan Update fulfills that requirement (Coachella Valley Water District, Coachella Valley Final Water Management Plan , Executive Summary, 202 1). Based on the Indio Subbasin SGMA documentation, the combined strategies have resulted in significant groundwater storage increases across the subbasin, thus allowing the region to comply with the framework for sustainable management.
In 2019, IWA was among the six urban water suppliers in the Coachella Valley to collaborate on the preparation of the 2020 Coachella Valley Regional Urban Water Management Plan (2020 RUWMP) with regional and individual agency content. The 2020 RUWMP descri bes the region’s water supplies and anticipated demands through 2045, along with each agency’s programs to encourage efficient water use.
In June of 2021 IWA’s Water Shortage Contingency Plan (WSCP) was prepared to outline each agency’s actions that could be taken during a water shortage to reduce demands. According to the WSCP, drought conditions are not expected to affect the region’s Colorado River water supply due to the agency’s high priority allocation. Colorado River water is not the primary source of urban water supply since it is used for groundwater replenishment and non-potable uses. If a reduction in Colorado River water supply oc curred, local agencies would initially reduce deliveries to groundwater replenishment projects. Drought conditions in the Sierra Nevada would have an effect on the State Water Project (SWP) water allocation and reduce the exchange water received by local agencies. Since the SWP exchange water is used for replenishment of the groundwater basin and is not a direct source of urban water supply, water use restrictions due to drought involving the SWP water supply would likely be implemented only as a result of a prolonged drought. During dry periods when less imported water is available, groundwater production is expected to exceed the amount of recharge, and the volume in storage will be reduced. However, these reductions can be reversed in years when additional imported water is available. The Coachella Valley Groundwater Basin is deemed to be a large basin which provides a buffer during dry periods, thus allowing the agencies to develop long-term plans and programs to manage regional water supplies.
Local water purveyors collaborate with the operation and maintenance of three replenishment facilities serving the Indio Subbasin: Whitewater River Groundwater Replenishment Facility, the Thomas E. Levy Groundwater Replenishment Facility, and the Palm Dese rt Groundwater
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 373 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 86 December 2024
Replenishment Facility. Artificial replenishment, or recharge, is recognized by the water districts as one of the most effective methods available for preserving local groundwater supplies, reversing aquifer overdraft and meeting demand by domestic consume rs. Local agencies are known to have percolated over 650 billion gallons of water back into the aquifer. In the central part of the Coachella Valley, groundwater recharge is provided by the recently constructed first phase of the Palm Desert Groundwater Replenishment Facility, operated by CVWD. According to the CVWD web site, this facility is expected to add up to 25,000 acre-feet of Colorado River water annually into the aquifer.
Combined with water conservation and efficiency requirements, individual deve lopment projects can contribute to groundwater sustainability by implementing the required stormwater runoff retention and infiltration facilities.
The proposed development is deemed consistent with the City’s General Plan land use designation.
The established groundwater replenishment facilities described above for the Indio Subbasin are not located near the Project site. Therefore, from the aspect o f land use and location, project implementation is not deemed to be in conflict with any existing or planned groundwater recharge facility or associated infrastructure.
The proposed facilities include a fueling station, convenience store and minimal outdoor landscaping. The nature of the proposed development will not involve the use of extensive water fixtures. Restroom facilities and associated water uses are expected to be limited to the convenience store. The proposed operation will be expected to implement water conservation measures, including the use of low-flow plumbing fixtures, drought-tolerant (native) outdoor landscaping, and water-efficient irrigation systems. As a standard condition for service connections, the project will be expected to furnish the appropriate payment to IWA based on the meter size, ongoing flow charges, agency fees, and groundwater recharge fees.
Furthermore, the site plan will continue to utilize a retention system sized to capture and infiltrate the project-related stormwater runoff up to the controlling 100 -year storm event, thus contributing toward groundwater recharge instead of producing a co ndition of urban runoff discharge. As a function of the WQMP, operation of the development will include the required non -structural and structural pollution source control measures that work toward the protection of groundwater quality during the life of the project and under the project owner’s responsibility.
Non-structural source control measures consist of site operations, activities, and/or programs to be finalized in the WQMP and implemented by the project operator to educate site managers, employees, and users to prevent potential pollutants from being produced, coming into contact with the storm drain system. Structural source control measures consist of physical facility design standards to prevent direct contact between potential pollutants and stormwater runoff.
The storm drain and retention system will be privately operated and maintained during the life of the project per a required WQMP agreement to be entered between the project proponent and the City. The proposed facilities are therefore not expected to violate or interfere with the groundwater
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 374 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 87 December 2024
quality. Regarding ground water quality, less than significant impacts are anticipated and no mitigation would be required.
c.1) Less than Significant Impact. The Project site is absent of any naturally occurring drainage or flood-prone patterns. Therefore, development of the site would not result in any alteration or obstruction of any river, stream, or other naturally occurring drainage pattern.
The Project site in its existing condition is a vacant, ungraded lot and drains to Golf Center Parkway and Avenue 45 to the west and south. In the proposed condition, the existing drainage pattern will be maintained and the increased flows will drain into the proposed basin in the southwest corner of the site. In flood conditions, the site will overflow through a parkway drain and into Avenue 45. The Project site does not increase the discharge rates of the site as the flows are maintained onsite in the proposed basin.
As a standard practice, erosion and siltation conditions will be prevented during construction and operation through the required Stormwater Pollution Prevention Plan (SWPPP), which will include best management practices for proper soil stabilization and p erimeter controls to prevent erosion and siltation from being generated by site clearing, grading, and construction activities. Upon completion and as a compliance requirement, all construction related soil disturbance will be properly restored to a stabilized condition consisting of permanent project improvements (buildings, hardscape, pavement, and landscaping).
During the life of the project, the ongoing maintenance and operation of facilities will ensure that all permanently improved ground surfaces are adequately maintained. As required by the City’s engineering standards and practices, all project -related runoff must be adequately handled along engineered conveyances (sheet flow, swales, gutters, or pipes) to the designated retention facilities.
Such storm drain system will be a function of the site plan and final engineering plans subject to City review and approval. Less than significant impacts are anticipated regarding substantial erosion or siltation, on- or off-site and no additional mitigation would be required. c.2) Less than Significant Impact . Based on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel 06065C2252H (effective 3/16/18), the entire project is located within Zone X, which is deemed an “area of minimal flood hazard”. This FEMA classification is not considered a Special Flood Hazard Area (SFHA) or a designated floodway. As a standard requirement, the proposed development includes adequate improvements and site design features to handle the relevant hydrologic conditions i n a way that prevents inundation to the proposed structures and facilities. The Project will introduce impervious surfaces (buildings, hardscape, asphalt, etc.) to a vacant property, but will also include the required storm drain system (catch basins, lines, outlets, and retention facilities) to intercept, convey and retain the controlling storm event stormwater volume from the site. In adhering to the City’s engineering and retention requirements, the proposed development is not expected to substantially increase the rate or amount
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 375 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 88 December 2024
of surface runoff in a manner which would result in flooding on - or off-site. Less than significant impacts are anticipated and no mitigation would be required. c.3) Less than Significant Impact. The City of Indio is a Permittee of the Whitewater River Watershed Municipal Separate Storm Sewer System (MS4) permit area. Within the City limits, MS4 facilities include a system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, or storm drains) designed for collecting and conveying stormwater. Storm drain facilities can be public or private. Examples of public facilities include pipes, gutters, channels, and basins occurring within the public right-of-way and/or maintained by a public agency. Private facilities are distinguished by being maintained separately by a private entity. As discussed previously, the project site is absent of any private or public storm drain infrastructure.
The traditional land development process generally results in the conversion of pervious ground surface (pre -development condition) into a setting with a higher impervious cover, occurring through the introduction of buildings, streets, and hardscape (post -development condition). This conversion generally leads to an increase in post -construction runoff volumes and rates compared to the pre-development condition.
As a standard requirement under Section 162.140 in the City’s Code of Ordinances, the project is required to include retention facilities sized to contain stormwater volume resulting from the controlling 100 -year, 24 -hour duration storm event. This retenti on capacity is provided by the proposed bioretention basin sized to contain approximately 23,613 cubic feet, which is sufficient to meet the local engineering requirements. The project’s engineering plans and retention levels will be subject to standard Ci ty review and approval. Therefore, by comply ing with the local retention requirements that take into account the existing facilities, the project will prevent a runoff discharge condition capable of contributing to or exceeding the MS4 capacity. Less than significant impacts are anticipated.
d) No Impact. As previously described, the project site and its surroundings are deemed to be areas of minimal flood hazards according to FEMA FIRM panel 06065C2252H (effective 3/16/18). As such, the project site is not prone to flood flows or inundation that could be impeded or redirected.
Stormwater runoff generated on-site will be handled through on -site retention before any runoff is conveyed to the public storm dra in system. Less than significant impacts are anticipated and no mitigation is required. The project is not located near any coastal areas or any large body of water and therefore is not prone to tsunami hazards or seiche risks. The project site is not located in a floodplain or special flood hazard area. Therefore, no impacts are anticipated. e) Less than Significant Impact. The project proponent is required to implement a project-specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region MS4 Permit and with the City’s on -site retention standards. The final form of the WQMP will be consistent with final engineering documents to incorporate the grading,
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 376 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 89 December 2024
hydrology, and other improvement plans to demonstrate how the site design, source controls, and operation and maintenance program will achieve compliance. The combined retention capacity for the project will meet the stormwater volume resulting from the co ntrolling 100-year storm event.
The project’s storm water retention facilities will ensure that only stormwater runoff is recharged into the ground via infiltration. Therefore, project implementation is not expected to conflict with the regional groundwate r management strategies or with the Indio Subbasin Sustainable Groundwater Management Plan. Less than significant impacts are expected.
Mitigation Measures
No mitigation would be required.
3.11 LAND USE AND PLANNING.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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?
Discussion of Impacts
a) No Impact. The proposed fueling station and convenience store would not physically divide an established community, as no facilities are proposed that would prohibit travel throughout the project area. No impact would occur and mitigation would not be required. b) Less Than Significant Impact . The General Plan Land Use designation of the Project site is Workplace and Employment District (WEP) and is zoned Heavy Industrial (IH). The IH zone is intended to accommodate manufacturing, processing, storage, and similar heavy industrial uses, including those which may create some objectionable conditions, and protect these areas from incompatible uses. This zone provides for manuf acturing, processing, assembly, wholesale and storage uses, trucking terminals, railroad fac ilities, 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 (City of Indio Unified Development Code, Article 2, Section 204 Non - Residential Zones, 2022). Fueling stations are an allowable use within the IH Zone, upon issuance of a Conditional Use Permit (CUP).
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 377 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 90 December 2024
The Project as designed meets all development standards as identified in the Section 2.04.03 of the Unified Development Code, including but not limited to permitted uses, minimum lot size, setbacks, building heights, off-street parking spaces, landscaping, and signage. The proposed Project would be consistent with or otherwise would not conflict with the identified goals and policies of the General Plan. Therefore, the Project would not conflict with any land use plan, policy, or regulation adopted to mitigate an environmental effect. Impacts would b e less than significant and no mitigation would be required.
Mitigation Measures
No mitigation would be required.
3.12 MINERAL RESOURCES.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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?
Discussion of Impacts
a) No Impact . The City’s important mineral resources include sand, gravel, and crushed rock (collectively known as aggregate). These minerals are an important component of asphalt, concrete, road base, stucco and plaster, and provide materials for the local economy (Indio, 2019a. City of Indio General Plan Update, 2019a, p. 8-6). Active mines near Indio are located north of and outside of the boundaries of the City.
The majority of City lands, including the Project site, have been classified as Mineral Resource Zone (MRZ) 1 (City of Indio General Plan Update , 2019a, Figure 4.11 -1). MRZ -1 zones are described as “ areas where available geologic information indicates that little likelihood exists for the presence of significant mineral resources.” ( City of Indio, General Plan Update , 2019 b, Table 4.11-1).
Construction of the Project would not 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 . No impacts would occur under this criterion and no mitigation is required.
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 378 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 91 December 2024
b) No Impact. As noted in Response to Impact 4.12a above, implementation of the Project would not result in any impacts to known mineral resources and therefore would not result in the loss of availability of a locally important mineral resource recovery site delineated on the local general plan feel. No impacts would occur under this criterion and no mitigation is required.
Mitigation Measures
No mitigation would be required.
3.13 NOISE.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Exposure of persons to or generation of
noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards of
other agencies?
b) Generation of excessive ground borne
vibration or ground borne 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?
Birdseye Planning Group (BPG) has prepared the Maverik Fueling Station and Convenience Store Project Noise Study (BPG, 2024). The Noise Study, included as Appendix G of this Initial Study, analyzed potential noise impacts associated with the proposed Maverik Fueling Station and Convenience Store Project in the City of Indio, California. The analysis contained in this section is based on the findings of this technical report.
Overview of Sound Measurement
Noise levels are generally measured in decibels (dB) using the A -weighted sound pressure level (SPL) (dBA). The A-weighting scale is an adjustment to the actual SPLs to be consistent with that of human hearing response, which is most sensitive to frequencies around 4,000 Hertz and less sensitive to low frequencies below 100 Hertz. Based on the logarithmic scale, a dou bling of sound energy is equivalent to an increase of three dBA, and a sound that is ten dBA less than the ambient
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 379 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 92 December 2024
sound level has no effect on ambient noise. Because of the nature of the human ear, a sound must be about ten dBA greater than the reference sound to be judged as twice as loud. In general, a three dBA change in community noise levels is noticeable, while 1 -2 dB changes generally are not perceived.
Quiet suburban areas typically have noise levels in the range of 40 -50 dBA, while arterial streets are in the 50-60+ dBA range. Normal conversational levels are in the 60-65 dBA range, and ambient noise levels greater than 65 dBA can interrupt conversation s. Noise levels typically attenuate at a rate of six dBA per doubling of distance from point sources (i.e., industrial machinery). Noise from lightly traveled roads typically attenuates at a rate of about 4.5 dBA per doubling of distance. Noise from heavily traveled roads typically attenuates at about three dBA per doubling of distance. Noise levels may also be reduced by intervening structures; generally, a single row of buildings between the receptor and the noise source reduces the noise level by about five dBA. A solid wall or berm reduces noise levels by five to ten dBA. The manner in which older (approximately 30 years plus) homes in California were constructed generally provides a reduction of exterior -to-interior noise levels of about 20 to 25 dBA with closed windows. The exterior -to-interior reduction of newer residential units and office buildings constructed to California Energy Code standards is generally 30 dBA or more.
In addition to the actual instantaneous measurement of sound levels, the duration of sound is important since sounds that occur over an extended period of time are more likely to be an annoyance. The Leq is defined as the single steady A -weighted level that is equivalent to the same amount of energy as that contained in the actual fluctuating levels over a period of time (essentially, the average noise level). Typically, Leq is summed over a one -hour period. Lmax is the highest RMS (root mean squared) SPL w ithin the measuring period, and Lmin is the lowest RMS SPL within the measuring period.
Noise that occurs at night tends to be more disturbing than that which occurs during the day.
Community noise is usually measured using Day-Night Average Level (Ldn), which is the 24-hour average noise level with a 10 -dBA penalty for noise occurring during nighttime (10 PM to 7 AM) hours, or Community Noise Equivalent Level (CNEL), which is the 24 -hour average noise level with a five dBA penalty for noise occurring from 7 AM to 10 PM and a 10 dBA penalty for noise occurring from 10 PM to 7 AM Daytime Leq levels are louder than Ldn or CNEL levels; thus, if the Leq meets noise standards, the Ldn and CNEL are also met.
Project Site Setting
The Project site is generally bordered by urban development. The Whitewater River/Coachella Valley Stormwater Chanel is located east of the site and is zoned OS (Parks and Open Space). To the southeast there is an existing multi‐tenant building housing Best Auto Body, Juan’s Complete Auto & Smog, and Alba’s Auto Garage. This area is zoned Heavy Industrial (IH). To the south , across Avenue 45, are a series of businesses in multiple buildings including Stotz Equipment, Yuma
Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 380 of 552 Maverik Fueling Station - Indio
Final Initial Study and Mitigated Negative Declaration
City of Indio 93 December 2024
Auto Services, McIntyre Pools & Spas, and Zamora’s Smog Center; all of which are zoned IH. To the west across Golf Center Parkway, is a 7‐Eleven store, and a series of businesses in multiple buildings, all of which are zoned Light Industrial (IL).
The most common and primary sources of noise in the Project site vicinity are motor vehicles (e.g., automobiles and trucks) operating on Interstate 10, Golf Center Parkway and Avenue 45. Motor vehicle noise is of concern because where a high number of individual events occur, it can create a sustained noise level.
To gather data on the general noise environment at the project site, two weekday morning 15-minute noise measurements were taken on the Project site on May 20, 2024 , using an ANSI Type II integrating sound level meter. The predominant noise source was traffic. The temperature during monitoring was 73ºF with no cloud cover or perceptible wind. As shown on Table 17, ambient noise levels at the Project ranged from 61.9 dBA (Leq) to 62.5 dBA (Leq).
TABLE 17. AMBIENT NOISE LEVELS
Location
No.
Measurement
Location
Primary
Noise Source
Sample
Time
Leq
(dBA)
Site 1 May 20, 2024 Traffic Weekday morning 65.7
Notes: Ambient Noise Levels obtained during Field visit using ANSI Type II Integrating sound level meter.
Source: BPG, 2024 (Appendix G).
Sensitive Receptors
Urban areas contain a variety of land use and development types that are noise sensitive including residences, schools, churches, hospitals and convalescent care facilities. The nearest sensitive receptors are the Palo Verde Apartments located approximately 1,100 feet northwest of the site at 44720 Palo Verde Street. All other existing land uses adjacent to the Project site are commercial/light industrial.
Regulatory Setting
In 1976, the California Department of Health, State Office of Noise Control published a recommended noise/land use compatibility matrix which many jurisdictions have adopted as a standard in their general plan noise elements. The California State Office of Planning and Research 2017 updated the General Plan Guidelines , Appendix D Noise Element Guidelines , Figure 2, to show that exterior noise levels up to 60 dBA (CNEL or Ldn) are normally compatible in rural residential areas. Noise levels up to 70 dBA (CNEL or Ldn) are conditionally compatible.