Indio City Council
April 16, 2025

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City of Indio Noise Ordinance
Section 95C.08 (B)(3) of the Indio Code of Ordinances exempts construction activities between the hours of:
(1) Pacific Standard Time.
(a) Monday through Friday, 7:00 a.m. through 6:00 p.m.
(b) Saturday, 8:00 a.m. through 6:00 p.m.
(c) Sunday, 9:00 a.m. through 5:00 p.m.
(d) Government Holidays, 9:00 a.m. through 5:00 p.m.
(2) Pacific Daylight Time.
(a) Monday through Friday, 6:00 a.m. through 6:00 p.m.
(b) Saturday, 7:00 a.m. through 6:00 p.m.
(c) Sunday, 9:00 a.m. through 5:00 p.m.
(d) Government Holidays, 9:00 a.m. through 5:00 p.m.

No specific exterior noise standards are associated with activities occurring in Heavy Industrial zones. Per the City of Indio Proposed General Plan Update Land Use Compatibility Matrix, 50 to 65 dBA CNEL is acceptable for single‐ and multifamily residenti al, senior housing , and convalescent homes, while CNEL values up to 75 dBA are conditionally acceptable. Within industrial zones, noise level up to 70 dBA CNEL are normally compatible. Noise levels above 70 dBA CNEL are conditionally compatible.

For the purpose of this discussion, because existing conditions currently exceed 65 dBA, a noticeable change in noise levels (+3 dBA or greater) caused by the project is used to determine impact significance at adjacent properties and the closest sensitive property, the Palo Verde Apartments, located approximately 1,100 feet northwest of the site.

Vibration Standards
Vibration is a unique form of noise as the energy is transmitted through buildings, structures and the ground whereas audible noise energy is transmitted through the air. Thus, vibration is generally felt rather than heard. The ground motion caused by vibr ation is measured as particle velocity in inches per second (PPV) and which is also referenced as vibration decibels (VdB). The vibration velocity level threshold of perception for humans is approximately 0.006 -0.019 PPV or 65 VdB.

There are no federal or state regulatory standards for ground-borne vibration. Caltrans has developed vibration criteria based on potential structural damage risks and human annoyance. Table 18 shows various PPV and VdB levels and related human reactions and effects on buildings.

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TABLE 18. HUMAN REACTION AND DAMAGE TO BUILDINGS FOR

CONTINUOUS OR FREQUENT INTERMITTENT VIBRATION
LEVELS
Peak Particle
Velocity
(inches/second)
Approximate
Vibration Velocity
Level (VdB)
Human Reaction Effects on Buildings

0.006–0.019 64–74 Range of threshold of
perception.

Vibrations unlikely to
cause damage of any
type.

0.08 87 Vibrations readily
perceptible.

Recommended upper
level to which ruins
and ancient
monuments should be
subjected.

0.01 92
Level at which continuous
vibrations may begin to
annoy people, particularly
those involved in vibration
sensitive activities.

Virtually no risk of
architectural damage to
normal buildings.

0.2 94 Vibrations may begin to
annoy people in buildings.

Threshold at which
there is a risk of
architectural damage to
normal dwellings.

0.4–0.6 98-104
Vibrations considered
unpleasant by people
subjected to continuous
vibrations and unacceptable
to some people walking on
bridges.

Architectural damage
and possibly minor
structural damage.

Source: Caltrans, April 2020.

For the protection of fragile, historic, and residential structures, Caltrans recommends a threshold of 0.2 inches per second PPV (94 VdB). This same threshold would represent the level at which vibrations would be potentially annoying to people in buildin gs. Construction activities such as blasting, pile driving, demolition, excavation and drilling have the potential to generate ground vibrations near structures.

No historic buildings occur on the site or are known to occur near the site; thus, 94 VdB is used to quantify potential vibration impacts to neighboring structures. Construction activities referenced above that would generate significant vibration levels a re not proposed. However, to provide information for use in completing the CEQA evaluation, construction-related vibration impacts are evaluated using the above referenced criteria.

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Discussion of Impacts)
a) Less Than Significant With Mitigation Incorporated.

Temporary Construction Noise
The primary source of noise during construction activities would be comprised of heavy machinery used during site preparation (i.e., clearing/grubbing), grading and clearing the site, as well as equipment used during building construction and paving. Table 19 shows the typical noise levels associated with heavy construction equipment. As shown in Table 19, average noise levels associated with the use of heavy equipment at construction sites can range from 81 to 91 dBA at 25 feet from the source, depending u pon the types of equipment in operation at any given time and phase of construction (FTA 2018).

TABLE 19. TYPICAL MAXIMUM CONSTRUCTION

EQUIPMENT NOISE LEVELS
Equipment Onsite
Typical Maximum Level (dBA)
at Distance from the Source
25 Feet 50 Feet 100 Feet
Air Compressor 86 80 74
Backhoe 86 80 74
Bobcat Tractor 86 80 74
Concrete Mixer 91 85 79
Loader 86 80 74
Bulldozer 91 85 79
Jack Hammer 94 88 82
Pavement Roller 91 85 79
Street Sweeper 88 82 76
Man Lift 81 75 69
Dump Truck 90 84 78
Mobile Crane 89 83 77
Excavator/Scraper 91 85 79
Source: FTA Transit Noise and Vibration Impact Assessment Manual (September 2018), Table 7-1.

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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.

Project construction would occur over the entire project site. Construction activities will vary in distance from the nearest sensitive properties; thus, noise levels will vary over the workday. As previously stated, the closest receiver are the Palo Verde Apartments located approximately 1,100 feet northwest of the site at 44720 Palo Verde Street.

The estimated hourly Leq by phase are shown below in Table 20. These are the most conservative noise levels that could occur proximal to the neighboring properties.

TABLE 20. ESTIMATED MAXIMUM CONSTRUCTION NOISE LEVELS
Phase
Lmax Noise
Levels
25 feet
Lmax Noise
Levels
50 feet
Site Preparation (dozer, backhoe, front-end loader) 87.7 81.7 Grading (dozer, backhoe and front-loader) 87.7 81.7
Building Construction
(crane, manlift, backhoe and front-end loader) 79.0 73.0 Paving (paver and roller) 88.0 82.0
Architectural Coating (air compressor) 77.7 71.7

As shown in Table 20, the highest hourly noise levels are projected to be 81.7 dBA Lmax at 50 feet during site preparation and grading and 82.0 dBA 20 feet during paving. Maximum building construction noise levels are conservatively estimated to be 73.0 dBA Lmax at 50 feet fr om the property line. The Lmax associated with the application of architectural coating would be approximately 71.7 dBA Lmax at 50 feet, respectively. Noise levels typically attenuate by six dBA per doubling of distance from the source. Thus, construction noise on the project site would be inaudible at the Palo Verde Apartments located approximately 1,100 feet northwest of the site.

On a typical workday, heavy equipment will be operating sporadically throughout the project site and more frequently away from the edges of the site as the site preparation and grading phases are completed. The Project would comply with the Code of Ordinances Section 95C.08 restrictions on construction hours. Further, construction noise levels would be relatively short term and terminate as each construction phase is completed. Potential impacts would be less than significant.

Operation-Related Noise
Operation of the Project was evaluated for potential exterior traffic -related impacts caused by increased traffic volumes associated with the project caused by peak hour traffic volumes documented in the project’s Trip Generation Memorandum (LLG, June 2024).

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The roadway network adjacent to the Project site was modeled using the Federal Highway Administration (FHWA) Traffic Noise Model (TNM) version 2.5 software. Traffic volumes and distribution are based on data from the Maverick Fueling Station and Convenienc e Store Traffic Study (See Appendix H of this IS/MND). To provide a conservative assessment of potential traffic noise, evening (PM) peak hour traffic volumes were used to calculate hourly average baseline noise levels (Leq) for the two sensitive receptor locations. The modeling results are shown in Table 21.

As shown on Table 21, baseline conditions exceed 60 dBA CNEL at both receivers. The Ldn/CNEL values associated with Project -related traffic are estimated by adding 1 dB to predicted peak hour Leq traffic noise levels for comparison with the Imperial County General Plan Noise Element criteria for exterior (65 dBA) and interior (45 dBA) noise levels generated by traffic.

TABLE 21. MODELED EXTERIOR NOISE LEVELS
Receptor
Baseline
Noise Levels
Project
Noise Levels Net Change
(dBA)
Significant
Impact Existing
Ldn/CNEL
With Project
Ldn/CNEL
Receiver 1 57.5 57.5 +0.5 No
Receiver 2 67.2 69.0 +1.8 No
Receiver 3 65.4 67.5 +3.1 No
Note: NA = Not Applicable
Source: BPG, 2024 (Appendix G).

Noise levels associated with the project were calculated by distributing 182 A.M. peak hour project trips generated by the Project into the baseline traffic volumes along Golf Center Parkway northwest of the site and Avenue 45 south of the site. Volumes were concentrated in these areas for the purpose of evaluating worst case noise conditions. The modeling results are shown in Table 20. As shown, the highest modeled increase would occur at Receiver 3. Project A.M. peak hour volumes would increase by 3.1 dBA which may be perceptible at the building exterior. However, this is a commercial building and noise levels would remain within the normally compatible range. Baseline conditions at the nearest sensitive property (Receiver 1) would not noticeably change wi th the project. Impacts related to exterior traffic‐related noise would be less than significant.

On-Site Truck Movement. Trucks would move around the Project site entering and departing from Avenue 45 and Golf Center Parkway. Individual truck movement sound exposure level (SEL) is used to quantify noise exposure from on ‐site truck movements. The Noise Study estimated the number of daily heavy trucks accessing the site for fueling or deliveries would be 1,026 and assumed that the movements would be evenly distributed over a 24‐hour day.

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Assuming 1,026 truck trips per day, the resulting noise exposure on -site would be approximately

58.89 CNEL. Noise associated with on‐site truck movement would be less than ambient noise levels and below both the residential and commercial compatibility standards.

Stationary Noise Sources
HVAC Systems. The proposed HVAC system has not been specified and noise levels vary depending on the size of the system. However, multiple HVAC systems will be installed on the roof‐ tops of the convenience store located along the southside of the Project site. Reference noise levels for the Project are based on noise measurements taken at similar outdoor facilities.

HVAC noise levels can be expected to be 57.7 dBA at 50 feet from the roof top equipment and ventilation openings. Assuming HVAC units are installed at the center of the roof top, noise level from each unit would attenuate to below existing background noise levels approximately 100 feet from the source and would not be inaudible at off-site properties and would not be significant. b). Less Than Significant Impact.

Temporary Construction-Related Vibration
As referenced, the closest sensitive property to the site is 1,100 feet northwest of the site at 44720 Palo Verde Street. The Noise Study found that vibration levels could be as high as 87 VdB at 25 feet from the source assuming operation of a large bulldozer. Vibration levels at the closest sensitive properties would be imperceptible because of the distance between the source and receiver.

Thus, vibrations would not occur as a result of construction activities associated with the proposed project. Impacts from ground borne vibration would be less than significant and no mitigation would be required.

Operational Vibration
The proposed fueling station and convenience store do not involve heavy industrial activities or impact sources that would generate vibration detectable off -site. No operational -related vibration impacts would occur and no mitigation would be required. c) No Impact. The Project site is located approximately 3.6 miles northwest of the Bermuda Dunes Airport. The site is located outside the Airport Influence Area. Thus, the project site is located outside the 60 dB contour line for airport operations. Project employees would not be exposed to excessive airport noise levels. No impact would occur and no mitigation would be required.

Mitigation Measures
No mitigation would be required.

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3.14 POPULATION AND HOUSING.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of road or other
infrastructure)?

b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?

Discussion of Impacts
a) Less Than Significant Impact. The State of California Department of Finance estimated the City of Indio population to be 90,680 persons as of January 2024 (California Dept. of Finance, 2024). This population is projected to increase to 119,951 persons by 2040 (City of Indio General Plan Update, 2019a).

The Project proposes to develop a gas station and convenience store within an area that has generally been developed with industrial uses. Construction of the Project would be of short duration and likely be completed by construction workers residing within or near the City or the surrounding area; it would not induce unplanned growth.

It is anticipated that the jobs created by these businesses will be filled by existing area residents and it is unlikely the jobs would attract new residents that would require increased City services. The Project would not induce substantial population growth in an area, either directly or indirectly.

Impacts would be less than significant and no mitigation would be required. b) No Impact. The Project site is currently undeveloped and contains no structures. Implementation of the Project would not require the demolition or displacement of any housing ; therefore, would not necessitate the construction of replacement housing elsewhere. No impact would occur under this criterion and no mitigation would be required.

Mitigation Measures
No mitigation would be required.

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3.15 PUBLIC SERVICES.

Would the project:

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

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

Discussion of Impacts
1) Fire Protection. Less Than Significant With Mitigation Incorporated. The proposed Project would receive fire protection and emergency medical services from the Indio Fire Department, which serves the City of Indio. The nearest fire station is Fire Station # 1, located at 46990 Jackson Street, approximately 1.13 miles southwest of the Project site. The station is staffed by 28 firefighters and one Battalion Chief , which staff one paramedic fire engine, one paramedic ladder truck , and one paramedic ambulance. Additional equipment assigned includes one reserve ambulance and one Rescue Squad.

The construction and operation of the Project would increase the demand for fire protection by introducing a fueling station and convenient store on the Project site. Service demand in and of itself is not an environmental impact under CEQA unless such dema nd causes a physical change to the environment. The introduction of the proposed uses on the Project site is not anticipated to result in an increase in demand for fire protection services high enough to trigger the need to physically construct new fire prot ection facilities because Fire Station #1 already exists near the Project site which provides paramedic and fire services. Additionally, the Project would incorporate fire prevention and fire suppression design features to minimize the potential demand placed on the Indio Fire Department. The Project would also install fire hydrants on the site and would feature a fire alarm system.

In accordance with standard City practices, the Fire Department would inspect the Project’s construction documents and plans before permits are issued to ensure compliance with all applicable

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fire and building code standards and to ensure that adequate fire and life safety measures are incorporated into the Project in compliance with all applicable State and City fire safety regulations.

Based on the Project site’s proximity to an existing fire stat ion, the incremental increase in the demand for Indio Fire Department services would not result in or require new or expanded fire protection facilities in order to maintain acceptable service ratios, response times, or other performance objectives.

Although the Project would not result in the need for new or expanded fire protection facilities, as a standard condition of approval, the Project Applicant would be required to pay the City’s development impact fees (DIF) pursuant to City of Indio Code of Ordinances Section 33.068 (c).

This fee is designed in part to share the costs of the added demand on services and facilities generate by new development. The Project’s payment of DIF fees, as well as increased property tax revenues that would result from development of the Project, would be used by the City to help pay for fire protection services and other public services. Nonetheless, should the Project Developer not pay the DIF fees as set forth in the Indio Municipal Code § 33.068, significant impacts would occur.

Based on the foregoing, the proposed Project would receive adequate fire protection service and would not result in the need for new or physically altered fire protection facilities. Impacts to fire protection facilities would be less than significant with implementation of M itigation Measure MM-PUB-1.
2) Police Protection. Less than Significant With Mitigation Incorporated. The Indio Police Department (IPD) provides police protection services to the area, inclusive of the project site. The IPD station is located at 46800 Jackson Street, approximately one mile southwest of the site. The IPD has approximately 80 staff and participates in the California Law Enforcement Mutual Aid System. The Law Enforcement Mutual Aid System is used to restore order during emergencies and provides assistance to local agencies during other unusual events.

The proposed Project would not result in substantial population growth and would not substantially increase the demand for police services in the area. The forecast employment growth and increased demand for services would not exceed projections and anticipated public service needs. Additionally, Project implementation would not require the construction of new or the alteration of existing police facilities to maintain an adequate level of service to the project area. Pursuant to the City’s existing permitting process, the IPD would review and approve the final site plans to ensure that the crime prevention through design measures are incorporated. Additionally, the Project would be subject to payment of DIF which ensures that new development pays its fair share for services that are needed to meet demand. As a result, the proposed Project would not adversely impact service ratios or response times or require new or altered facilities. Therefore, the Project’s impact on police protection services would be less than significant with implementation of Mitigation Measure MM-PUB-1.

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3, 4, 5 ) Schools , Parks, Othe r Public Facilities . Less than Significant With Mitigation Incorporated. The Project site is located within the Desert Sands Unified School District, which serves students in grades TK-12. The City of Indio has 18 existing parks. The nearest municipal park to the Project site is Indio Terrace Park, located at 83787 Hopi Avenue, approximately 1.2- mile northeast of the Project site.

The Project proposes to develop a new fueling station and convenience store development. The Project does not result in a change in population where the need for governmental facilities including school sites, parks or other public facilities would be necessary to maintain acceptable service ratios and response times. The Project will not result in the need for the provision of new or physically altered governmental facilities.

The City of Indio requires new development projects, as a standard condition of approval, to pay Development Impact Fees (DIF fees) for park improvements; fire and police facilities; public buildings; road, bridges , and traffic signals . the Project Applicant would be required to pay the City’s DIF fee pursuant to City of Indio Code of Ordinances Section 33.068. This fee is designed in part to be used for improvements and facilities to park lands for recreation and leisure activities.

Accordingly, implementation of the Project would not result in environmental effects related to the construction or expansion of recreational facilities or the increased use or substantial physical deterioration of an existing neighborhood or regional park.

Additionally, a ll development s are required to pay School Impact Fees in compliance with Government Code Section 65995 to offset the new development impacts on school facilities. The payment of impact fees would offset any school impact related to increased enrollment associated with the Project. The Project is not expected to require the construction of new or expanded school facilities. The payment of required school development fees (MM PUB -1) would reduce the potential increase in demand to less than significant.

Mitigation Measures
Implementation of the following mitigation measures would reduce impacts to below a level of significance.

MM PUB-1: Payment of DIF Fees
Prior to issuance of a certificate of occupancy, t he Project Developer/Permit Applicant shall comply with City of Indio Code of Ordinances Section 33.068 and with the Desert Sands Unified School District School (DSUSD) School Impact/Developer Fee pursuant to the Leroy F. Greene School Facilities Act of 1998 which requires the payment of development impact fees for all development projects to finance th e cost of public facilities and improvements reasonably related to development projects.

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The Project Developer/Permit Applicant shall provide the City of Indio a DIF payment pursuant to City of Indio Code of Ordinances Section 33.074 and shall provide the DSUSD with a school impact fee payment pursuant to the DSUSD fee schedule for commercial square footage.

3.16 RECREATION.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Increase the use of existing neighborhood
and regional parks or other recreational
facilities such that substantial physical
deterioration of the facility would occur or
be accelerated?

b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities, which
have an adverse physical effect on the
environment?

Discussion of Impacts
a) Less Than Significant Impact. The Project would not increase the use of existing neighborhood and regional parks, which typically results from an increase in housing or population in an area. The Project would not result in an increase in housing or residents in the project vicinity and no increase in the use of existing neighborhood park s, regional park s, or other recreational facilit ies would occur. Impacts would be less than significant, and no mitigation measures would be required. b) Less Than Significant Impact . The number of new workers required for construction and operation of the fuel station and convenience store would be relatively low (approximately 15 local workers) and would not require construction or expansion of recreational facilities that might have an adverse effect on the environment. Therefore, impacts would be less than significant, and no mitigation measures would be required.

Mitigation Measures
No mitigation would be required.

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3.17 TRANSPORTATION / TRAFFIC.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with a program, plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?

b) Would the Project conflict or be
inconsistent with CEQA Guidelines section
15064.3, subdivision (b)?

c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?

d) Result in inadequate emergency access?

Linscott, Law & Greenspan prepared a Traffic Study for the Project in July 2024 (LLG, 2024). The Maverick Fueling Station Traffic Study, included as Appendix H of this Initial Study , addressed potential operational impacts that could result from the addition of Project traffic to the local circulation system. The Traffic Study found that the Project would be expected to add 6,223 net new daily Project trips with 182 AM peak hour trips and 161 PM peak hour trips. The analysis contained in this section is based on the findings of this technical report.

Existing Setting
Roadway Network
The principal local network of streets serving the proposed Project includes Golf Center Parkway, Avenue 45, Jackson Street, and Highway 111. The following discussion provides a brief synopsis of these key area streets. The descriptions are based on an inventory of existing roadway conditions.

Golf Center Parkway is a four -lane, divided roadway north of Avenue 45, and a two -lane undivided roadway south of Avenue 45, oriented in the general north -south direction. Golf Center Parkway borders the Project site to the west and will provide access to the project site. On -street parking is generally not permitted on either side of the roadway within the vicinity of the Project.

The posted speed limit on Golf Center Parkway is 45 miles per hour (mph). A traffic signal controls the key study intersections of Golf Center Parkway at Avenue 44, Chandi’s Way/Indio Springs Parkway, I-10 Westbound Ramps, I-10 Eastbound Ramps, Avenue 45, and Highway 111.

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Avenue 45 is a two -lane divided roadway west of Jackson Street, a four -lane divided roadway between Jackson Street and Golf Center Parkway, a four -lane undivided roadway between Golf Center parkway and Commerce Street, and a three-lane divided roadway east of Commerce Street, oriented in the east-west direction. Avenue 45 borders the Project site to the south and will provide access to the project site. On-street parking is generally not permitted on either side of the roadway between Jackson Street and Gol f Center Parkway. On -street parking is permitted along the south side of Avenue 45 in the vicinity of the Project site and on both sides of the street east of Commerce Street. The posted speed limit on Avenue 45 is 35 mph west of Jackson Street, 45 mph bet ween Jackson Street and Golf Center Parkway, and 40 mph east of Golf Center Parkway. A traffic signal controls the key study intersections of Avenue 45 at Jackson Street and Golf Center Parkway. The intersection of Avenue 45 at Commerce Street is stop controlled.

Jackson Street is a four-lane, divided roadway, oriented in the north-south direction, located to the west of the project site. On -street parking is generally not permitted on either side of the roadway within the vicinity of the Project. The posted speed limit on Jacks on Street is 40 miles per hour (mph). A traffic signal controls the key study intersection of Jackson Street at Avenue 45.

Highway 111 is a four -lane, divided roadway, oriented in the east -west direction, located to the south of the project site. On-street parking is generally not permitted on either side of the roadway within the vicinity of the Project. The posted speed limit on Highway 111 is 35 mph. A traffic signal controls the key study intersection of Highway 111 at Golf Center Parkway.

Transit Service
The SunLine Transit Agency operates within the study area. Five routes are operated in the area including Route 8, Route 10, Route 800, Route 802 and Route 803.

Regulatory Framework
Senate Bill 743 (SB 743)
Senate Bill 743 (Steinberg, 2013), which was codified in Public Resources Code section 21099, required changes to the guidelines implementing CEQA (CEQA Guidelines) (Cal. Code Regs., Title 14, Div. 6, Ch. 3, § 15000 et seq.) regarding the analysis of trans portation impacts. Previously, environmental review of transportation impacts was focused on the delay that vehicles experience at intersections and on roadway segments. That delay was measured using a metric known as “level of service,” or LOS. Under SB 743, the focus of transportation analysis shifted from “driver delay” to a reduction of greenhouse gas emissions, creation of multimodal networks and promotion of a mix of land uses. SB 743 required the Governor’s Office of Planning and Research (OPR) to amend the CEQA Guidelines to provide an alternative to level of service for evaluating transportation impacts.

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To this end, OPR has certified and adopted changes to the CEQA Guidelines that identify vehicle miles traveled (VMT) as the most appropriate metric to evaluate a project’s transportation impacts.

With the California Natural Resources Agency’s certification and adoption of the changes to the CEQA Guidelines in December 2018, automobile delay, as measured by “level of service” and other similar metrics, generally no longer constitutes a significant environmental effect under CEQA (Pub. Resources Code, § 21099, subd. (b)(3).). The California OPR Technical Advisory developed guidance on implementing SB 743 that shifts the transportation impact measure of effectiveness from LOS to VMT. OPR’s Technical Advisory on Evaluating Transportation Impacts in CEQA states on page 8 “As noted above, lead agencies have the discretion to set or apply their own thresholds of significance”.

The City of Indio currently does not have its own Vehicle Miles Traveled (VMT) guidelines and therefore utilizes County of Riverside guidelines for VMT assessments. Specifically, the County of Riverside Transportation Analysis Guidelines for Level of Servi ce, Vehicle Miles Traveled (dated December 2020) has been utilized and provides screening criteria and methodology for VMT analysis. Under the VMT methodology, screening is used to determine if a project will be required to conduct a detailed VMT analysis.

CEQA Guidelines Section 15064.3 – Determining the Significance of Transportation Impacts State CEQA Guidelines Section 15064.3 was adopted in December 2018 to implement SB 743.

Under SB 743, the focus of transportation analysis shifted from “driver delay” to a reduction of greenhouse gas emissions, creation of multimodal networks and promotion of a mix of land uses. In addition to establishing Vehicle Miles Traveled (VMT) as the most appropriate measure of transportation impacts, and shifting away from LOS, primary elements of this section:
• Reiterate that a project’s adverse effect on automobile delay, as described solely by level of service or similar measures of vehicle capacity or traffic congestion, shall not be considered a significant impact on the environment (Public Resources Code Sec tion 21099(b)(2));
• Create a rebuttable presumption of no significant transportation impacts for (a) land use projects within 0.5-mile of either an existing major transit stop or a stop along an existing high-quality transit corridor, (b) land use projects that reduce VMT bel ow existing conditions, and (c) transportation projects that reduce or have no impact on VMT; • Allow a lead agency to qualitatively evaluate VMT if existing models are not available; and
• Give lead agencies discretion to select a methodology to evaluate a project’s VMT but requires disclosure of that methodology in the CEQA documentation. Lead agencies are required to comply with CEQA Guideline revisions no later than July 1, 2020. To assist lead agencies in this endeavor, the State Office of Planning and Research (OPR) has also

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published a Technical Advisory on Evaluating Transportation Impacts in CEQA (December 2018), which provides guidance in the calculation and application of VMT analyses within CEQA documents. Page 8 of the OPR’s Technical Advisory notes that lead agencies have the discretion to set or apply their own thresholds of significance.

Methodology
Vehicle Miles Traveled (V)MT Analysis
Pursuant to CEQA Guidelines Section 15064.3(c), beginning on July 1, 2020, the provisions of SB 743 apply statewide. A VMT Analysis was prepared for the Project, and is provided as Appendix K. The City of Indio currently does not have its own Vehicle Miles Traveled (VMT) guidelines and therefore utilizes County of Riverside guidelines for VMT assessments.

LOS Analysis
With implementation of SB 743, automobile delay, as measured by level of service , is no longer considered a significant effect on the environment. Therefore, for CEQA compliance purposes, the level of service analysis, prepared by Linscott, Law & Greenspan in 202 4 was conducted to determine whether the Project would conflict with the City of Indio’s LOS and impact criteria, with LOS “D” being the minimum acceptable LOS required at key study intersections. This LOS analysis is only addressed in this Initial Study as it relates to the Project’s consistency with applicable policies.

The study area and scenarios evaluated the following eight intersections:

STUDY AREA
Intersections
▪ Golf Center Parkway at Avenue 44
▪ Golf Center Parkway at Chandi's
Way/Indio Springs Parkway
▪ Golf Center Parkway at I-10 WB Ramps
▪ Golf Center Parkway at I-10 EB Ramps

▪ Jackson Street at Avenue 45
▪ Golf Center Parkway at Avenue 45
▪ Commerce Street at Avenue 45
▪ Golf Center Parkway/Lorraine Street at
Highway 111

Existing Traffic Volumes and LOS Analysis
To assess existing traffic operations, traffic counts were taken on May 22, 2024. Intersection counts were collected from 7:00 AM to 8:00 AM and from 4:00 PM to 5:00 PM to represent the AM and PM peak travel periods, respectively. Daily traffic counts (24 hour) were collected along Golf Center Parkway, north and south of Avenue 45; and along Avenue 45, north, east and west of Golf Center Parkway on the same date.

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Level of Service Approach
Level of Service (LOS) is the term used to denote the performance of roadways, intersections, and freeway entrances, under various traffic loads. LOS designations range from A to F, with LOS A representing the best operating conditions and LOS F representing the worst operating conditions.

The Traffic Study found that all existing study area intersections were operating at LOS C or better under existing conditions (see Table 8-1 of Appendix H), with the exception of the intersection of Golf Center Parkway/Lorraine Street at Highway 111, which operates at LOS F.

Project Traffic Generation
The Traffic Study estimated the vehicle and truck trips that would be generated by the Project as shown on Table 22. The Project would be expected to add 6,223 net new daily Project trips with 182 AM peak hour trips and 161 PM peak hour trips.

TABLE 22. PROJECT TRIP GENERATION
TRIP GENERATION RATES (1)
Land Use ITE
Code
Daily
2-Way
Rate
AM Peak Hour PM Peak Hour
Rate In: Out Ratio Rate In: Out Ratio
Gasoline Service Station w.

Convenience Store (3) 945 345.75 31.60 0.50 : 0.50 26.90 0.50 : 0.50

TRIP GENERATION CALCULATIONS
Land Use ADT AM PEAK PM PEAK
In Out Total In Out Total
Maverik Fueling Station (3) 8,298 379 379 758 323 323 646 Less Pass by (Daily: 25%;
AM:75%; PM: 75) (4) -2,075 -288 -288 -576 -242 -243 -485 Total Net Trip Generation 6,223 91 91 182 81 80 161
Notes: TE/VFP = Trip End per Vehicle Fueling Position

1. Trip and pass by rates for the project’s land uses are based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition.

2. Pass-by trip rate is based on the ITE Trip Generation Manual, 11th Edition. 3 – ITE Rate for convenience stores 5,500 to 10,000 SF in size.

Source: LLG, 2024; Appendix H.

Discussion of Impacts
a) Less Than Significant with Mitigation Incorporated.

Construction Phase Trip Generation
Short-term construction traffic would be generated with construction of the proposed Project. This would include traffic from construction workers and truck traffic for material removal (i.e., grading

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export and vegetation, demolition debris grading, and soil remediation export) and material delivery (i.e., building materials, water, etc.), anticipated to be spread throughout the day.

The contribution of construction trips to the surrounding street system was not modeled because anticipated trip volumes would be temporary and are not expected to generate more than 50 peak hour trips, which is the threshold for modeling. Traffic generate d by construction activities would be temporary and would not result in direct impacts on key intersections in the study area. Traffic impacts related to construction activities would be less than significant, and no mitigation would be required.

Operations Phase – Trip Generation
In accordance with Objective 1.2 of the Circulation and Scenic Highway Element, Linscott, Law & Greenspan prepared the Maverick Fueling Station Traffic Study, which is included as Appendix H of this Initial Study. The Traffic Study estimated the trips that would be generated by the Project as shown on Table 22.

Project-related trips were then assigned and distributed to the surrounding circulation system to assess project impacts. The Traffic Study found that the addition of project-related trips to the local circulation system would cause one intersection in the study area. Golf Center Parkway/Lorraine Street at Highway 111 would operate at LOS F in both the AM and PM peak hours.

The following improvements listed below have been identified to offset the effect of ambient growth traffic and Project traffic, and improve levels of service to an acceptable range for Existing With Ambient Growth With Project traffic conditions and cumulative Projects:
• Intersection 8. Golf Center Parkway/Lorraine Street at Highway 111: Convert existing five-phase operation traffic signal to six phase operation with split -phasing on Golf Center Parkway/Lorraine Street. Modify the traffic signal and provide southbound right-turn overlap phasing.

The traffic report calculated the Project’s fair share of the recommended improvement to be 25.61%. b) Less Than Significant Impact. According to the OPR ’s Technical Advisory, there are several screening criteria that can be applied to effectively screen projects from VMT project level assessments. The purpose is to screen out projects that are presumed to have a non -significant transportation impact based on facts of a project and to avoid unnecessary analysis and findings that would be inconsistent with the intent of SB 743. The following lists the various screening criteria:

1. Small Projects (Projects that generate or attract fewer than 110 trips per day)

2. Transit Priority Area (TPA)

3. Project Type - Locally Serving Retail

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If the project meets any of the screening criteria above, they are presumed to not have a significant impact and are screened out from completing additional VMT analysis. Upon reviewing the screening criteria, the most appropriate and applicable criteria for the project was the Local Serving Retail use less than 50,000 SF criteria. According to OPR's Technical Advisory, a project that is a Locally Serving Retail land use under 50,000 SF in size would be presumed to have a less than significant impact and can be successfully screened from further VMT analysis.

As described in Section 1.4, t he Project's convenience store/gas station area would be much l ess than the 50,000 SF screening threshold. Because the Project's total square footage is less than 50,000 SF and the screening threshold is met, the Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b). Impacts under this criteri on would be less than significant, and no mitigation would be required.
c) Less Than Significant Impact. The proposed Project has the potential to attract pedestrian traffic from the surrounding industrial developments. To ensure adequate vehicular access to the site, the Project includes t wo ingress/egress drive ways. Other than the proposed access driveways and conditioned improvements, the proposed Project would not alter any roadway geometrics or install incompatible uses. Impacts would not be significant, and no additional mitigation is required. d) Less Than Significant Impact. Access to the Project site would be provided via two ingress/egress drives along Avenue 45 and along Gol f Center Parkway. These driveways would provide adequate emergency access to the site upon Project completion. A less than significant impact would occur.

Mitigation Measures and Conditions of Approval
Implementation of mitigation measure MM -TR-1 would reduce impacts to below a level of significance.

TR-1 Payment of Applicant’s Fair Share of Intersection Improvement (Golf Center Parkway/Lorraine Street at Highway 111).

Prior to the issuance of a Building Permit(s) for the proposed fueling station/convenience store, the Applicant shall pay 25.61% of the cost of the recommended intersection improvement.

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3.18 TRIBAL CULTURAL RESOURCES.

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

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

Regulatory Framework
Assembly Bill 52 (AB-52)
California Assembly Bill 52 (AB 52) of 2014 was enacted on July 1, 2015 and expands CEQA by defining a new resource category, “tribal cultural resources.” AB 52 establishes that “A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment” (PRC Section 21084.2). It further states that the lead agency avoid impacts that would alter the significant characteristics of a tribal cultural resource, when feasible (PRC Section 21084.3). PRC Section 21074 (a)(1) (A) and (B) defines tribal cultural resources:
1) “Sites, features, places, cultural landscapes, sacred places and objects with cultural value to a California Native American tribe” and meets either of the following criteria: Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or

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

AB 52 also establishes a formal consultation process for California tribes regarding those resources.

The consultation process must be completed before a CEQA document can be certified. AB 52 requires that lead agencies “begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project.” Native American tribes to be included in the formal consultation p rocess are those that have requested notice of projects proposed within the jurisdiction of the lead agency.

Discussion of Impacts
a) and b) Less Than Significant With Mitigation Incorporated.

As discussed in Section 3.5, Cultural Resources, the Cultural Resource Report prepared by Cogstone Resource Management did not find any significant historical resources on the Project site (Cogstone, Cultural and Paleontological Resources Assessment for The Maverik Fueling Station and Convenience Store Project , 2024; Appendix B). The Sacred Lands File search conducted by the Native American Heritage Commission at Cogstone’s request did not identify any Native American cultural resources in the Project vicinity.

The City is conducting Tribal consultation, as required by AB 52. The results of consultation will be included either as mitigation prior to the adoption of the Initial Study, or as conditions of approval. However, the mitigation measure included in Sectio n 3.5, Cultural Resources, requires the presence of a Tribal monitor during earth moving activities, to assure that impacts are reduced to less than significant levels.

As discussed under Response s to and Impact 3.5b, the Project could have potentially significant impacts to archaeological resources, which could be considered a significant resource to a California Native American tribe. With implementation of MM CUL-1 through MM CUL-8, which include full-time construction monitoring by a Qualified Archaeological Monitor and a traditionally and culturally affiliated Native American Monitor during all ground -disturbing activities , potential impacts to tribal cultural resources would be less than significant.

Mitigation Measures
Implementation of MM CUL-1 through MM CUL-8 would reduce potentially significant impacts to Tribal Cultural Resources to below a level of significance.

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3.19 UTILITIES AND SERVICE SYSTEMS.

Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?

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

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

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

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

Discussion of Impacts
a) Less Than Significant Impact.

Water and Wastewater Treatment Services
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 la ndscaping (4.99 AFY) for a total of 8.67 AFY. The Indio Water Authority (IWA) provides water service in the City, inclusive of the project area.

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The Project site would be serviced by IWA and the Valley Sanitary District, respectively. While development of the project site would incrementally increase the demand for water and wastewater treatment services, this increase would not require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities.

Stormwater
As part of the Project, the Applicant would construct a new bioretention basin. Stormwater runoff would be collected in the stormwater bioretention basin; therefore, no new or expanded municipal stormwater drainage facilities would be required for operation of the Project. With implementation of the mitigation measures incorporated in the Project for air quality, cultural resources, geology and soils (paleontological resources) , and hydrology/water quality, impacts associated with construction of the propos ed stormwater drainage system would be reduced to below a level of significance. No additional mitigation measures would be required.

Electrical Power/Natural Gas
Electric service would be provided to the Project site by Imperial Irrigation District (IID) via underground electrical lines installed within Avenue 45 between the Project site and the existing utility pole at 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. Aside from connecting to existing servic es, no new or expanded electric or natural gas facilities would be required for operation of the Project. Impacts would be less than significant. b) Less Than Significant Impact. IWA anticipates the available water supply would meet projected demand during normal, dry, and multiple dry years throughout the 20-year planning period based on growth projections under the currently adopted general plan and anticipated to have sufficient water supplies to serve the Project. Impacts under this criteri on would be less than significant, and no mitigation would be required.
c) Less Than Significant Impact. The proposed Project would result in an incremental increase in the demand for wastewater conveyance and treatment facilities. The Project’s wastewater infrastructure would include a connection to existing sewer lines. The Project’s estimated wastewater generation would not be substantial and existing wastewater treatment facilities would be able to accommodate it. Additionally, the Applicant would be required to pay development impact fees as outlined Section 33.068 of the City of Indio’s Code of Ordinances, which would contribute to the necessary costs required to upgrade and maintain operation of the VSD water reclamation facility. The increase would no t require the construction of new water or wastewater treatment

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facilities or expansion of existing facilities. Therefore, impacts would be less than significant , and no mitigation is required.
d and e ) Less Than Significant Impact. Implementation of the Project would result in the generation of solid waste on the site, which would increase the demand for solid waste disposal.

These materials, which are not anticipated to contain hazardous materials , and a refuge/recycling storage area is provided onsite, as shown on Figure 6 (Proposed Site Plan). Solid waste would be collected and disposed of in approved solid waste disposal sites with sufficient capacity to accept solid waste generated by the Project.

Solid Waste Disposal and Recycling
Solid waste services in the City of Indio are provided by Burrtec Waste and Recycling Services (Burrtec). Burrtec collects residential garbage and recyclables on a weekly basis. Trash is taken to the Indio/Coachella Valley Waste Transfer Station in Coachella, which has a permitted maximum tonnage of 1,100 tons per day (tpd) of solid waste and a maximum capac ity of 12,685 cubic yards per day. The facility can receive agricultural, construction and demolition, green material, industrial, inert, metal, mixed municipal, and tire wastes. Once waste enters the Indio/Coachella Valley Waste Transfer Station, it enters the Riverside County waste stream, is sorted, and sent to one of the Riverside County landfills (Badlands, Blythe, Desert Center, El Sobrante, Lamb Canyon, Mecca Landfill 11, and Oasis), which have a remaining combined capacity of 181,783,284 cubic yards (City of Indio, General Plan Updated EIR, 2019b, pp. 4.16-9 and 4.16-10).

Additionally, the Project shall comply with the requirements of the State's Solid Waste Diversion Law (Assembly Bill [AB] 341); the State’s Mandatory Organic Waste Recycling Law (AB 1826 or Chapter 727, Statutes of 2014); and Section 3.02.08 of the City of Indio Unified Development Code (Mandatory Organic Waste Disposal Reduction Program). These bills require commercial businesses to source separate organic waste (including landscape waste, wood waste, and food waste); recyclable materials, and garbage and to arrange for recycling services.

The Project shall also comply with CALGreen requirements and applicable law(s) related to management of construction and demolition debris (C&D), including diversion of organic waste in C&D from disposal; and all written and published county policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

In summation, t he Project would comply with all applicable state and local ordinances regarding collection, diversion, and disposal of waste generated from construction and occupancy and would not impair the attainment of solid waste reduction goals. Similarly, the Project would not generate solid waste in excess of State or local standards . Therefore, the Project would have a less -than- significant impact.

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Mitigation Measures
No mitigation would be required.

3.20 WILDFIRE.

If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zones, would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation
plan?

b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?

c) Require the installation or maintenance of
associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment?

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

Discussion of Impacts
a) No Impact. According to CalFire Fire Hazard Severity Zone Viewer, the project site is not within a State Responsibility Area. The site is not within a Very High Fire Hazard Severity Zone (VHFHSZ) within a Local Responsibility Area. Project design and site access would adhere to City of Indio Fire Department regulations and design standards. Further, Project construction would not require the complete closure of any public or private streets or roadways during construction.

Temporary construction activities would not impede use of the road for emerg encies or access for emergency response vehicles. The Project would be reviewed and approved by the City of Indio Fire Department prior to issuance of building permits to ensure that it would not preclude or interfere with emergency access or fail to comply with fire department standards. Therefore, the Project would

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not impair an adopted emergency response or emergency evacuation plan, and no impact would occur.
b) Less Than Significant Impact. The risk of wildfire is related to a variety of parameters, including fuel loading (vegetation), fire weather (winds, temperatures, humidity levels, and fuel moisture contents), and topography (degree of slope). Steep slopes contribute to fire hazards by intensifying the effects of wind and making fire suppression difficult. Fuels such as grass are highly flammable because they have a high surface area to mass ratio and require less heat to reach the ignition point.

Per the 2024 Fire Hazard Severity Zones in the LRA map, the Project site and surrounding area are not identified as being in a fire hazard severity zone (California Department of Forestry and Fire Protection, 2024). The site is located in an area that is predominately developed with industrial and commercial uses and is not considered a significant risk of wildlife. There are no other factors of the project or the surrounding area that would exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations.

As part of the plan check process, the Project Site plan would undergo a fire, life, and safety review by the City Fire Department to determine the specific fire requirements applicable to ensure compliance with these requirements. Therefore, impacts associated with wildland fires would be less than significant and no mitigation would be required. c) Less Than Significant Impact . The Project includes connection of the gas station and convenience store to existing infrastructure electrical power lines and the installation of new storm drain, water and wastewater facilities, and storm drain facilities require to support the proposed uses.

The development of the fueling station and convenience store would be constructed in accordance with all local, State, and federal regulations regarding power lines and other related infrastructure, as well as fire suppression requirements. Therefore, the Project would not exacerbate fire risk or result in temporary or ongoing impacts to the environment, and impacts would be less than significant. No mitigation would be required.
d) No Impact. The Project site is located within an existing developed area where it would not involve development of structures of infrastructure that would introduce new populations to the proposed Project area that could result in impacts involving wildfires. The proposed Project area is generally flat, which would minimize any risk fro m downslope or downstream flooding or landslides. There would be no impact, and no mitigation would be required.

Mitigation Measures
No mitigation would be required.

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3.21 MANDATORY FINDINGS OF SIGNIFICANCE
The following are Mandatory Findings of Significance in accordance with Section 15065 of the CEQA Guidelines.

Would the project:

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

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

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

Discussion of Impacts
a) Less Than Significant With Mitigation Incorporated. As identified in Section 3.0 of this IS/MND, the proposed Project has the potential to result in potentially significant impacts associated with California history or prehistory. Implementation of MM-CUL-1 through MM-CUL-8 would reduce these impacts to less than significant. Therefore, the proposed Project would result in less than significant impacts with mitigation incorporated.
b) Less Than Significant with Mitigation Incorporated. As described in the impact analyses in Sections 3.1 through 3.19 of this IS/MND, any potentially significant impacts of the proposed project would be reduced to a less -than significant level following the incorporation of the

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mitigation measures. All planned projects in the vicinity of the proposed project would be subject to review in separate environmental documents and required to conform to the City of Indio’s General Plan, zoning, mitigate for project-specific impacts, and provide appropriate engineering to ensure the development meets applicable federal, State and local regulations and codes. As currently designed, and in compliance with the recommended mitigation measures, the proposed project would not contribute to a cu mulative impact. Thus, the cumulative impacts of past, present, and reasonably foreseeable future projects would be less-than-cumulatively considerable. c) Less Than Significant Impact. As noted above, all environmental impacts associated with implementation of the proposed Project can be reduce to less than significant via implementation of the mitigation measures identified herein. The proposed Project would not result in significant impacts on human beings. This impact is less than significant.

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4.0 REFERENCES
Project Description
City of Indio, 2022. City of Indio Unified Development Code. Effective 10/22/2022.

Available at:
https://www.indio.org/home/showpublisheddocument/3314/638046229914700000.

Accessed May 28, 2024,
City of Indio, 2019a. City of Indio General Plan Update. Adopted September 18, 2019.

Accessed June 3, 2024. Available at: Available at:
https://www.indio.org/departments/community-development-department/general-plan- 2040/general-plan-2040-documents
City of Indio, 2019b. City of Indio General Plan Update EIR. June 2019. Available at:

Available at:
https://www.indio.org/home/showpublisheddocument/924/637874293008870000.

Accessed June 3, 2024.

City of Indio, 2019c. City of Indio General Plan Update Mobility Element Technical Report, Adopted September 18, 2019.

Coachella Valley Water Authority, 2015. Lush and Efficient Landscape Gardening in the Coachella Valley (Revised Edition). Available at:
https://cvwd.org/DocumentCenter/View/813/2006-Lush--Efficient-Revised-Edition- PDF?bidId=. Accessed September, 27, 2024.

ECS Southwest, 2023a. Geotechnical Engineering Report Proposed Maverik Gas Station and Convenience Store. Prepared by ESC Southwest, LLP, July 7, 2023. (Appendix C).

ECS Southwest, 2023b. Phase I Environmental Site Assessment Report, Proposed Maverik Gas Station and Convenience Store. Prepared by ESC Southwest, LLP, May 2023 (Appendix D).

SDI, Inc., 2023. Preliminary Water Quality Management Plan for Maverik Fueling & Convenience Store. Prepared by SDI, Inc, December 2023 (Appendix E).

Aesthetics
California Department of Transportation, 2018. California State Scenic Highway System Map. 2018. Accessed June 3, 2024. Available on-line:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46c c8e8057116f1aacaa
USCB, 2012 United States Census Bureau, 2012. 2010 Census - Urbanized Area Reference Map: Indio-Cathedral City, CA. 2012. Accessed July 31, 2023. Available on-line:
https://www2.census.gov/geo/maps/urbanarea/uaoutline/UA2000/ua41347/ua41347_0

2.pdf

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Agricultural And Forest Resources
California Department of Conservation, 2024a. California Important Farmland Finder.

Available Online at: https://maps.conservation.ca.gov/dlrp/ciff/. Accessed July 2024.

California Department of Conservation, 2024b. California Williams Act Enrollment Finder.

Available Online at: https://maps.conservation.ca.gov/dlrp/WilliamsonAct/. Accessed July 2024.

Air Quality
Birdseye Planning Group, 2024. Maverik Fueling Station and Convenience Store Project Air Quality and Greenhouse Gas Study Indio, California. Prepared by Birdseye Planning Group, July 2024 (Appendix A).

Cultural Resources
Cogstone, 2024. Cultural and Paleontological Resources Assessment for the Maverik Fueling Station and Convenience Store Development Project, Indio California. Prepared by Cogstone Resource Management, July 2024 (Appendix B).

Energy
Birdseye Planning Group, 2024. Maverik Fueling Station and Convenience Store Project Air Quality and Greenhouse Gas Study Indio, California. Prepared by Birdseye Planning Group, July 2024 (Appendix A).

California Energy Commission, 2024. California Energy Commission Website “Electricity Use by Entity.” Available at: http://www.ecdms.energy.ca.gov/elecbyutil.aspx.

Accessed June 30, 2024.

California Energy Commission, 2018. 2019 Building Energy Efficiency Standards: Frequently Asked Questions.
http://www.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2019_Buildi ng_Standards_FAQ.pdf.

SoCal Gas, 2024. SoCal Gas Service Area Maps and GIS. Available at https://socalgas.maps.arcgis.com/apps/webappviewer/index.html?id=aaebac8286ea4e4 b8e425e47771b8138. Accessed 7/29/24.

SoCalGas, 2013. Pipeline Basics.

Imperial Irrigation District (IID), 2023. About IID Energy Webpage. Available at:https://www.iid.com/energy/about-iid-
energy#:~:text=Located%20in%20a%20region%20with,%2C%20hydroelectric%2C%20 solar%20and%20wind. Accessed 12/19/2023.

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City of Indio 123 December 2024

US Environmental Protection Agency “Greenhouse Gases Equivalencies Calculator, 2024.

Available at https://www.epa.gov/energy/greenhouse-gases-equivalencies-calculator- calculations-and-
references#:~:text=The%20amount%20of%20carbon%20dioxide,CO2E/vehicle%20/y ear. Accessed October 30, 2024.

Greenhouse Gas Emissions
Birdseye Planning Group, 2024. Maverik Fueling Station and Convenience Store Project Air Quality and Greenhouse Gas Study City of Indio, California. Prepared by Birdseye Planning Group, July, 2024 (Appendix A).

Hazards And Hazardous Materials
City of Indio, 2019b City of Indio General Plan Update EIR. June 2019. Available at:

Available at:
https://www.indio.org/home/showpublisheddocument/924/637874293008870000.

Accessed June 3, 2024.

City of Indio, 2007. City of Indio Emergency Operations Plan, Parts 1 and 2. February 2007.

County of Riverside, 2004. County of Riverside Airport Land Use Compatibility Plan, 2004 .

Available at: https://rcaluc.org/sites/g/files/aldnop421/files/migrated/Portals-13- PDFGeneral-plan-newplan-01--20Cover-20--20Title-20Page-20Vol-201.pdf. Accessed July 2024.

DTSC, 2024. Department of Toxic Substances Control EnviroStor website; available at https://www.envirostor.dtsc.ca.gov/public/. Accessed July 2024.

ECS Southwest, LLC, 2024b. Phase I Environmental Site Assessment, Proposed Maverik Gas Station and Convenience Store, May 2023.

SWRCB, 2024. State Water Resources Control Board GeoTracker website, available at:
https://geotracker.waterboards.ca.gov/. Accessed July 2024.

Mineral Resources
City of Indio, 2019a. City of Indio General Plan Update. Adopted September 18, 2019.

Accessed June 3, 2024. Available at: Available at:
https://www.indio.org/departments/community-development-department/general-plan- 2040/general-plan-2040-documents
City of Indio, 2019b City of Indio General Plan Update EIR. June 2019. Available at:

Available at:
https://www.indio.org/home/showpublisheddocument/924/637874293008870000.

Accessed June 3, 2024

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Noise
Birdseye Planning Group, 2024. Noise Report for the Maverik Fueling Station and Convenience Center Project. Prepared by Birdseye Planning Group, December 2023 (Appendix J).

County of Imperial, 2015. Noise Element of the County of Imperial General Plan, 2015.

Federal Transit Administration (FTA), 2018. Transit Noise and Vibration Impact Assessment Manual. September 2018. Available at
https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research- innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report- no-0123_0.pdf
Population And Housing
California Dept. of Finance, 2024. Demographic Research Unit. Population and Housing Estimates for Cities, Counties, and the State, January 1, 2023 and 2024 (Report E-1 and H-1). Released May 1, 2024. Available at:
https://dof.ca.gov/forecasting/demographics/estimates-e1/. Accessed June 3, 2024.

City of Indio, 2019b. Final EIR for the City of Indio General Plan Update. June 2019.

Accessed June 3, 2024. Available at:
https://www.indio.org/home/showpublisheddocument/924/637874293008870000 Tribal Cultural Resources
Utilities and Service Systems
CalRecycle, 2024. Solid Waste Information System (SWIS), Coachella Valley Transfer Station (33-AA-0248) SWIS Facility/Site Activity Details. Available at https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2305?siteID=2426.

Accessed June 18, 2024.

Coachella Valley Water District (CVWD), 2021. Indio Subbasin Water Management Plan.

December 2021. Available at:
https://www.cvwd.org/DocumentCenter/View/5750/Indio-SGMA-Water-Management- Plan-Update-Vol-1-Adopted-Dec-2021?bidId=
Wildfire
California Department of Forestry and Fire Protection (CalFire), 2023. Fire Hazard Severity Zones in SRA. Available Online at: https://calfire-
forestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d8959 7ab693d008

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5.0 PREPARERS
This Initial Study was prepared for the City of Indio by Willis Environmental Planning, 238 Sychar Road , San Diego, CA 92114. The following professionals participated in its preparation:

Willis Environmental Planning
Christina J. Willis ..................................................... Principal and Project Manager John Addenbrooke ........................................ Document Production/GIS Specialist Willis Environmental Planning was assisted by the following technical specialists.

Air Quality Report- Birdseye Planning Group
Ryan Birdseye ............................................................................... Owner, Principal Archaeological and Paleontological Resource Assessment– Cogstone Resource Management John Gust, Ph.D., RPA ........................................................... Principal Investigator Pamela Gutierrez, B.A. ...................................................................... Archaeologist Kim Scott, M.S., .................................. Riverside County Qualified Paleontologist Geotechnical Engineering Report - - ESC Southwest, LLP
Matthew B. Olsen, P.E. ................................................................ Principal Engineer Phase I Environmental Site Assessment Report - ESC Southwest, LLP Jason Dowdy, REM .................................... Environmental Senior Project Manager Preliminary Water Quality Management Plan SDC, Inc.

Mehdi Keshmiri ........................................................... Director – Civil Engineering Preliminary Hydrology and Hydraulics Study - SDC, Inc
Mehdi Keshmiri ........................................................... Director – Civil Engineering Noise Analysis - Birdseye Planning Group
Ryan Birdseye ............................................................................... Owner, Principal Traffic Impact Analysis Report - Linscott Law & Greenspan Daniel A. Kloos, P.E. ..................................................................Associate Principal Angela Besa, P.E.................................................................Transportation Engineer

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MEMORANDUM
TO: Kendra Reif, Principal Planner
FROM: Christina J. Willis, President PROJECT NO. 2403
DATE: December 30, 2024
RE: Maverik Fueling Station - Responses to Comments on Draft IS/MND (SCH No. 2024110193)

A. INTRODUCTION
As the preparer of the Maverik Fuel ing Station Initial Study /Mitigated Negative Declar ation (IS/MND), Willis Environmental Planning herein provides responses to all comment letters received by the City of Indio (City) during the IS/MND’s public review period. This memo al so includes responses to Caltran’s comment letter, received on December 9, 2024, after the close of the public review period.

No new significant environm ental impacts or issues, beyond those alr eady identified in the Draft IS/MND for the Maverik Fueling Station Project, were raised during the public review period. Pursuant to CEQA Guidelines §15073.5, none of the comments received required a “substantial revision” to the Draft MND that would require its recirculation and do not change any significance determinations of the Draft IS/MND.

CEQA Guidelines §15073.5(b) notes that a “substantial revision” requiring recirculation” includes the following:
(1) A new avoidable significant environmental impact is identified, and mitigation measures or project revisions must be added in order to reduce the effect to insignificance, or; (2) The lead agency determines that the proposed miti gation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required.

CEQA Guidelines §15073.5(c) further states that recirculation is not r equired under the following circumstances:
(1) Mitigation measures are repl aced with equal or more effe ctive measures pursuant to §15074.1. New project revisions are added in response to written or verbal comments on the project’s effects identified in the proposed negative declaration which are not new avoidable significant effects.
(3) Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CE QA, which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect.

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2 B. LIST OF COMMENTORS
Three (3) letters were received during the comment period, which began on November 6, 2024, and closed on December 5, 2024. A copy of each letter with bracketed comment numbers on the right margin is provided at the end of this memo, along with the response for each comment as indexed in the letter. Comment letters received are listed below.

COMMENT LETTERS RECEIVED
Letter No, Individual or Signatory Affiliation Date
A Claritsa Duarte, Cultural Resource
Analysis, Tribal Historic Preservation
Office
Aqua Caliente Band of Cahuilla Indians December 4, 2024 B Kim Freeburn,
Environmental Program Manager
California Department of Fish and Wildlife December 4, 2024 C Janki Patel, Acting Branch Chief –
Local Development Review
Caltrans District 8 December 9, 2024

C. COMMENTS AND RESPONSES
CEQA Guidelines §15074 (b) requires the decision-making body of the lead agency to consider all comments received during the public review period. The decis ion-making body shall ad opt the proposed mitigated negative declaration only if it finds on the basis of the w hole record before it (incl uding the initial study and any comments received), that there is no substantial evidence that the pr oject will have a significant effect on the environment and that the mitigated negative declaration reflects the lead agency’s independent judgment and analysis.

Written comments on the Draft IS/MND are reproduced on the following pages, along with responses to those comments. To assist in referencing comments and re sponses, the letters are co ded using numbers (e.g., Comment Letter A) and each issue raised in the comment letter is assigned a number that correlates with the letter (e.g., A-1, A-2, A-3, etc.).

This Response to Comments includes revisions to the Public Review Draft IS/MND based upon: (1) clarifications required to prepare a response to a specif ic comment; (2) revisions to mitigation measures as a result of comments made by an agency, Native American Tribe or individual during the public review period; and/or 3) corrections to typographical errors. These revisions do not alter any impact significance conclusions as disclosed in the Draft IS/MND. These changes and additions to the IS/MND do not constitute substantial revisions that would result in new significant effects. None of the CEQA criteria for recirculation have been met, and recirculation of the IS/MND is not warranted. Changes made within the IS/MND are identified herein as strikeout text to indicate deletions and in underlined text to signify additions.

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3 Responses to Comment Letter A – Aqua Caliente Band of Cahuilla Indians, Clarista Duarte, Cultural Resource Analysis, Tribal Historic Preservation, December 4, Date, 2024.

A-1 The commenter makes introductory remarks.

This comment is acknowledged; no further response is required.

A-2 The commenter notes that the Aqua Caliente Band of Cahuilla Indians (ACBCI) is the only consulting tribe. The commenter requests that an ACBCI Nati ve American monitor to be on site for any ground disturbing activities. They also request that the dev eloper contact ACBCI Tribal Historic Preservation Office (THPO) 30 days before the project begins in order to draft a monitoring contract in a timely manner.

Mitigation measures MM CUL-2 and MM CUL-4 have been revised as shown below to incorporate the ACBCI’s recommendations.

MM CUL-2: Native American Monitor:

Prior to the issuance of a grading permit, the Developer/Permit Applicant shall o ffer to enter into an agreements with tribesthe Aqua Caliente Band of Cahuilla Indians, the only tribe that consulted during the AB 52 consultation process for a Native American Monitor. One Tribe may defer to the other or the Tribes can decline if they do not wish to enter into a monitoring agreement. 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 constructi on 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 feet). In conjunction with the Archaeological Monitor, the Native American Monitor shall have the authority to temporarily divert, redirect, or halt the ground disturbance activities to allow identi fication, 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 veri fication that the Tribes have declined to enter into an agreement.

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) for all ground-disturbing activities associated with the Project in Holocene Age sediments (to a depth of 20 feet). Native American tribes

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4 shall be given the opportunity to provide one or more certified cultural monitors for the Project during all excavation or earth-moving within the Project site in Holocene-aged deposits. The Construction Contractor shall give the tribe’s ABCI’s Historic Preservation Officer (THPO) or other designated representative two weeks 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.

A-3 For MM CUL-7, the ACBCI recommend tribal cultural resources be curated with ACBCI THPO if all other options listed in the mitigation measures are not feasible. ACBCI THPO concurs with the order of inadvertent discoveries disposition.

Mitigation measure MM CUL-7 has been revised as shown below to incorporate the ACBCI’s recommendations.

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 describes 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.

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5 A-4 The commenter makes concluding remarks and provides commenter’s contact information.

This comment is acknowledged; no further response is required.

Responses to Comment Letter B – Kim Freeburn, Environmental Program Manager, California Department of Fish and Wildlife, December 4, 2024
B-1 This is an introductory comment acknowledgi ng receipt of the docum ent and the opportunity to review.

This comment does not raise any specific issues regarding the content, adequacy or accuracy of the of the Draft IS/MND or the Project’s potential environmental effects, therefore, no further response is required.

B-2 This comment provides a summary of the D epartment’s role as a Trustee Agency and as a Responsible Agency.

This comment does not raise any specific issues regarding the content, adequacy or accuracy of the of the Draft IS/MND or the Project’s potential environmental effects, therefore, no further response is required.

B-3 This comment provides a general summary of the project characteristics, location and timeline.

This comment does not raise any specific issues regarding the content, adequacy or accuracy of the of the Draft IS/MND or the Project’s potential environmental effects, therefore, no further response is required.

B-4 This comment summarizes the California Department of Fish and Wildlife’s (CDFW) jurisdiction over the conservation, protection, and management of fish, wildlife, plants and habitat. It notes that CDFW is offering comments and recommendations on the Initial Study/Mitigated Negative Declaration (IS/MND) which are summarized here and provided in described in greater detail within the body of the comment letter. The commenter opines that the IS/MND lacks sufficient information to facilitate CDFW’s meaningful review including an incomplete project description.

CDFW requests additional and analyses be added to a revised MND, along with avoidance, minimization and modified mitigat ion measures, that avoid or reduce impacts to less than significance.

This comment is a summary of comments pr ovided in Comments B-5 through B-16. Please refer to Responses to Comments B-5 through B-16 for details.

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6 B-5 This comment notes that Page 6 of the MND indicates the “bioretention basin will be designed to drain within 72 hours and would treat water before it is released into Coachella Valley Storm water channel. Storm drain catch basins, asso ciated piping, and down spout connections to storm drainpipes would be installed throughout the site to route runoff to the bioretention basin.” The MND’s description of the Project’s bior etention basin (Page 6 of the MND) has been modified as shown below to clarify the design and operation of the bioretention basin.

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 23,613 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. As shown on page 121 of Appendix E, the basin woul d be sized to retain stormwater runoff from a 10-Year and a 100-Year storm event onsite. No runo ff will be released into the Coachella Valley Storm water channel, the Whitewater River or into the groundwater table.

Storm drain catch basins, associated pi ping, and down spout connections to storm drainpipes would be installed throughout the site to route runoff to the bioretention basin.

The comment further notes that “In contrast, page 8 of MND indicates that project runoff will be completely contained within the proposed bioretention basin and will not result in discharge capable of resulting in downstream hydrologic m odifications or a cont ribution of urban runoff pollutants that would affect surface water qua lity.” The comment states that the MND lacks a clear description of the function of the Project’s bioretention basin. It is unclear if the bioretention basin is designed to convey any water directly into the Whitewater River (referred to in the MND as the Coachella Valley Storm wa ter channel) or if the water infiltrated in the bioretention basin might ent er the Whitewater River through groundwater flow. CDFW recommends that the Project descr iption in the MND is revised to clearly indicate how the bioretention basin will function and if and how it is designed to release any water into the Whitewater River.

and permitting requirements for the Project. Ho wever, page 88 of the IS/MND, notes the following:

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 ev ent. This retention

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7 capacity is provided by the proposed bioretention basin sized to contain approximately 23,613 cubic feet, which is sufficient to m eet the local engineering requirements. The project’s engineering plans and retention levels will be subject to standard City review and approval. Therefore, by complying with t he local retention requirements that take into account the existing facilities, the proj ect will prevent a runoff discharge condition capable of contributing to or exceeding the MS4 capacity. Less than significant impacts are anticipated.

Therefore, as noted in the IS/M ND, the Project would not releas e water into the Whitewater Revision and does not have the potential to impact fish and wildlife resources. No new analyses or modified mitigation measures are required.

B-6 This comment notes that CDFW is concerned that the mitigat ion measures proposed in the MND are not adequate to avoid or reduce impacts to biological resources to below a level of significance. To support the City in ensuring that Project impacts to biological resources are reduced to less than significant, CDFW recommends adding mitigation measures for artificial nighttime lighting, as well as revising the mitigation measure for burrowing owl.

This is a summary of comment. Please refer to Response to Comment B-7 and Response to Comment B-8 for detailed responses.

B-7 This comment notes that On October 10, 2024, the Fish and Game Commission determined that western burrowing owls warr ant protection as a candidate species under the California Endangered Species Act (Fish & G. Code, § 2050 et seq.). During the candidacy period, western burrowing owls will be afforded t he same protection as threatened and endangered species under CESA. If Project activities could result in take, appropriate CESA authorization (i.e., Incidental Take Permit under Fish and Game Code section 2081) should be obtained prior to commencement of Project activities.

This information is presented on page 46 of the IS/MND.

B-8 This comment notes that the “take” of individ ual burrowing owls and their nests or eggs is defined by Fish and Game Code Section 86, and prohibited by Sect ions 3503, 3503.5, and 3513. The comment further notes that “take” is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill.” This comment does not raise any specific issues regarding the adequacy or accuracy of the of the Draft IS/MND or t he Project’s potential environmental effects, theref ore, no further response is required.

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8 B-9 This comment states that with regard to the CVMSHCP, the CDFW Natural Community Conservation Plan (NCCP) Permit #2835-2008-001-06 does not provide Take Authorization for burrowing owl individuals, nests, or eggs. To the contrary, Section 3.5.6 of the NCCP Permit states burrowing owl “pairs or individuals will not be Taken” and reiterates that the “HCP/NCCP does not authorize Take of [ burrowing owl] nests [or] eggs[.]” Therefore, throughout the CVMSHCP area—both within and wi thout Conservation Areas—Per mittees must ensure that activities occurring within their jurisdictions do not result in the take, possession, or destruction of burrowing owl individuals, nests, or eggs. Any activity occurring within the CVMSHCP area that results in the take of burrowing owl individuals, nests, or eggs would be unlawful and would not be a Covered Activity under the CVMSHCP.

In responding to this comment, it shoul d be noted that the 2008 MSCHCP/NCCP authorized under the CDFW Natural Community Conser vation Plan (NCCP) Permit #2835-2008-001-06 was amended in 2016 (Permit #2835-2008-001-06-A1 for the Major Amendment Coachella Valley Natural Community Conservation Plan).

It should also be noted that the Coachella Valle y MSCHP Covered Species List, as of April 2023, is provided at https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=65725&inline and as shown on the following page includes t he Burrowing Owl (emphasis added). Further, Section 3.5.6 of the Major Amendment states “Approval of the Major Amendment to the 2008 MSCHP/NCCP authorized under the 20 08 NCCP Permit could result in potentially significant adverse impacts on Covered Bird Species.”
Additionally, Section 9.7.3.4 of the Final Major Amendment to the CVMSHCP – August 2016, includes a “Take Analysis” for Burrowing Owls (see pp. 9-142 to 9-145), along with Measures to Avoid, Minimize and Mitigate the Take of Burrowing Owl, which found that “The issuance of Take Permits, therefore, will not likely jeopardize the continued existence of the burrowing owl in the Plan Area and the implementation of the MSHCP will provide for the Conservation of the species.”
Implementation of the CDFW’s recommended re visions to Mitigation Measure BIO-1 for Burrowing Owl Surveys outlined in Response to Comment B-10 would avoid the potential take of burrowing owls and reduce impacts to below a level of significance.

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9 B-10 This comment recommends conducting focused surveys for burrowing owl prior to vegetation removal or ground-disturbing activities and offe rs suggests revisions to Mitigation Measure BIO-1 in a “tracked change” format. Mitigation Measure BIO-1 has been revised on page 48 in the Final IS/MND as per the comment.

B-11 This comment states that the Project’s proposed artificial nighttime lighting has the potential to significantly and adversely affect wildlife in the open-space areas adjacent to the Project site.

The CDFW’s statement that the project could result in significant impacts of artificial nighttime lighting on biological resources does not take into consideration the Draft IS/MND’s analysis of lighting impacts in Section 3.1(d) (page 27 of the ISMND). A determination of whether a project

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10 may have a significant effect on the environment must be “based on substantial evidence in light of the whole record” (CEQA Section 21082.2[a]).

The Draft IS/MND does not, as noted by the commenter, include “plans” for shielding artificial nighttime lighting, which CDFW considers to be insufficient. To the contrary, the analysis in Section 3.1(d) specifically notes that the Project would be required to adhere to 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 which depicts the proposed number and locations of light fixtures, their wattage, and illumination levels in compliance with City requirements.

Additionally, the Project includes Mitigation Measure AES-1 which requires compliance with the City’s Unified Development Code for Outdoor Lighting. Specifically, Mitigation Measure AES-1 states the following:

The Project shall comply with the Indio Unified Development Code (Section 3.02.11, Outdoor Lighting) which requires the subm ittal of a lighting plan as part of a development application or land use per mit, showing the proposed number and locations of light fixtures, their wattage, and illuminat ion levels in compliance with City requirements. Among other requirements, all outdoor lighting shall be designed, located, installed, direct ed downward or toward structures, fully shielded, and maintained in order to prev ent glare, light trespass, and light pollution away from adjoining properties and public rights-of-way , so that direct illumination does not infringe onto adjoining properties.

The implementation of Mitigation Measure AES-1 wi ll ensure that artifici al nighttime lighting does not infringe onto adjoining properties.

Section 1.4 of the IS /MND notes that the proposed Maveri k fueling station and convenience store would operate 24 hours a day, 365 days a y ear and that lighting would be provided for security and safety throughout the site. CDFW’s proposed mitigation to avoid the use of artificial light at night during the hours of dawn and dusk is not a feasible mitigation because nighttime lighting is required to ensure the safe and secure operation of the proposed fueling station 24 hours a day.

Lastly, the CDFW provides no substantial evidenc e in, light of the w hole record, that the proposed Project’s use of artificial nighttime lighting has the potentia l to significantly and adversely affect wildlife in areas adjacent to the Project site. Namely, no evidence is provided

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11 that species which utilize phot operiod cues for communication, determining when to begin foraging, behavioral thermoregulation, or migration occur within areas adjacent to the Project site. For these reasons, CDFW’s proposed Mitigat ion Measure BIO-[A]: Artificial Nighttime Lighting is not required and has not been added to the IS/MND.

B-12 This comment notes that the Project’s landscaping plans on pages 5 and 6 of the MND include a list of proposed plant species, which co mprise largely non-native species. CDFW recommends that the MND include landscapi ng recommendations from Section 4.0 of the CVMSHCP “Table 4-112: Coac hella Valley Native Plants Recommended for Landscaping” (pp. 4-180 to 4-182; https://cvmshcp.org/plan-documents/). CDFW also recommends incorporation of water-wise concepts in any Project landscape design plans.

Landscaping recommendations noted on Table 4- 112 of the CVMSHCP apply to “land uses adjacent to or within a Conservation Area” (CVMSHCP, page 4-177). Page 46 of the IS/MND clearly states that the “project site is not located within or adjacent to a CVMSHCP Conservation Area.” For this reason, the landscaping recommendations on Table 4-112 of the CVMSHCP do not apply to the proposed Project.

Additionally, page 5 of the IS/MND notes that the Project would provide landscaping, including trees, shrubs and ground cover to meet the landscaping require ments outlined in Article 3, Section 3.02.09 of the City’s Unified Development Code. The IS/MND also states that the trees and shrubs proposed for the Project 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).

No revisions to the landscaping plans are needed.

B-13 The commenter states that CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database to be used in subsequent or supplemental environmental det erminations and requests that any special status species and natural communities detected be reported to the CNDDB and provides a link.

CNDDB forms were completed and reported to the during the course of Draft IS/MND. This comment does not raise any specific issues regarding the content, adequacy or accuracy of the of the Draft IS/MND or the Project’s potential environmental effects, therefore, no further response is required.

B-14 This comment summarizes environmental document filing fees.

This comment does not raise any specific issues regarding the content, adequacy or accuracy of the of the Draft IS/MND or the Project’s potential environmental effects, therefore, no further

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RESPONSES TO MND COMMENT LETTERS
December 30, 2024

12 response is required. This comm ent will become part of the admin istrative record and will be considered by the decision-makers.

B-15 This comment thanks the City for the opportuni ty to comment on the MND and provides a summary of why they feel the MDN does not include a complete project description and does not adequately identify or mi tigate the Project’s significant, or potentially significant impacts and recommends a revised MND be released. It provides a point of contact for future questions.

Issues regarding the completeness of the project description and adequacy of the document’s analysis of impacts to biological resour ces have been addressed in the Responses to Comments B-1 through B-14.

B-16 This comment is a suggested revision to t he Mitigation Monitoring and Reporting Program using the suggested Mitigation Measures outli ned in the comments above. The Mitigation Monitoring and Reporting Program for the Project has been revised to reflect the responses to comments above.

Responses to Comment Letter C – Caltrans District 8, Janki Patel, Acting Branch Chief – Local Development Review, December 9, 2024.

C-1 This is an introductory comment acknowledging Ca ltrans completion of its evaluation of the Draft Initial Study/Mitigated N egative Declaration and Traffi c Study. This comment also provides a summary description of the proposed Project.

This comment does not raise any specific issues regarding the adequacy or accuracy of the of the Draft IS/MND or t he Project’s potential environmental effects, theref ore, no further response is required.

C-2 This is an introductory comment which stat es that recommendati ons and comments on the following pages are based on information provided by the City of Blythe.

It should be noted that the project site is located within the City of Indio. Therefore, it is unclear how information from the City of Blythe w ould be relevant to the proposed project.

Nevertheless, because this comment does not raise any specific issues regarding the adequacy or accuracy of the of the Draft IS/M ND or the Project’s potential environmental effects, no further response is required. It will become part of the administrative record and will be considered by the decision-makers.

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December 30, 2024

13 C-3

The commenter opines that the Traffic Study should incorporate future traffic volume projections and evaluate the levels of servic e for a period of 20 years following the opening year.

As indicated in Section 1.1 of the Traffic Impact Analysis (TIA) Report (p. 1), the Scope of Work for the traffic study (i.e. Scoping Agreement for Traffic Impact St udy) was developed in conjunction with, and approved by, the City of Indio’s Transportation Department, as the lead agency for the Project. Additionally, as noted on page 1 of the TIA, the Scope of Work for the traffic study is included in Appendix A of the TIA.

With the issuance of a Conditional Use Permit, the proposed Project is consistent with the existing zone classification of Heavy Industrial (IH); consistent with the City of Indio’s General Plan Designation of Workplace and Employment Dist rict (WEP); and, therefore, is consistent with the City of Indio General Plan.

Given that the proposed Project is consistent wi th the City of Indio General Plan, a buildout analysis was not required to be prepared and ther efore only a project opening year (i.e. Year 2026) analysis was prepared per the requirements of the City of Indio.

C-4 The commenter requests that the page vi of the Project Traffic Impact Analysis (TIA) clarify the criteria that define an unacceptable Level of Service (LOS).

Pages vi through ix consist of the TIA Repor t’s Executive Summary. The defined level of service requirements for the key study inters ections are presented in Section 3.6, Impact Criteria and Thresholds; and Section 7.1, Impac t Criteria and Thresholds, of the TIA Report, respectively.

This comment does not raise any new informat ion that was not addressed in the TIA Report; therefore, no further response is necessary.

C-5 The commenter requests that the Project Traffic Impact Analysis (p. vii) – show the LOS for all intersections.

Pages vi through ix consist of the TIA R eport’s Executive Summary. The LOS for all intersections are presented in Section 8.0, Existing With A.G. With Project Traffic Conditions; and Section 9.0, Existing With A.G. With Project With Cumulative Traffic Conditions, of the TIA Report, respectively.

This comment does not raise any new informat ion that was not addressed in the TIA Report; therefore, no further response is necessary.

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RESPONSES TO MND COMMENT LETTERS
December 30, 2024

14 C-6 For the Project Traffic Impact Analysis (p. vii), the commenter requests the Traffic Impact Analysis provide the Ambient Growth Rate for the study area.

Pages vi through ix consist of the TIA Report’s Executive Summary. The ambient growth rate used in the analysis is discussed in Section 6.1 of the Traffic Impact Analysis Report, Ambient Traffic Growth. This comment does not raise any new information that was not addressed in the TIA Report; therefore, no further response is necessary.

C-7 The commenter requests that the Scope of Work (p. 1) include a list of the analysis years for the existing, opening, and horizon condition scenarios, specifyi ng both with and without the project.

The last paragraph of Section 1.1 (p. 1) and Section 7.2 of the TIA Report describe the traffic impact analysis scenarios, which include the analysis years for the existing, near-term and horizon condition scenarios. This comment does not raise any new information that was not addressed in the TIA Report; therefore, no further response is necessary.

C-8 The commenter requests clarific ation on why the project dr iveways under the Study Area discussion (p. 2) do not include a study intersection.

The two (2) proposed project driveways are not listed under Section 1.2. However, the two (2) proposed project driveways have been analyzed and the results of the analysis are contained within Section 12.1 of the Tra ffic Impact Analysis Report. Th is comment does not raise any new information that was not addressed in the TIA Report; therefore, no further response is necessary.

C-9 The commenter requests that the Existing Tra ffic Volumes discussion (p. 6) provide plots displaying readable traffic volumes, including Average Annual Daily Traffic (AADT) and AM/PM Peak Hours, for all modeled years.

Figures 3-2 and 3-3 of the TI A Report present the existing AM peak hour and PM peak hour traffic volumes for the eight (8) key study inte rsections, respectively. Appendix B of the TIA also contains the detailed peak hour count sheets for the eight (8) key study intersections. As shown on the Scope of Work for the traffic study included in Appendix A of the TIA, no roadway segments are required for the analysis per the City of Indio. For this reason, the TIA does not include AADT traffic volumes. This comment does not raise any new information that was not addressed in the TIA Report; therefore, no further response is necessary.

C-10 The commenter requests that the TIA verify and confirm whether the southbound direction has two lanes, or three lanes as shown on Figure 3-1 (p. 7).

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RESPONSES TO MND COMMENT LETTERS
December 30, 2024

15 As shown in Figure 3-1 of the TIA Report, Golf Center Parkway has two southbound travel lanes north of Avenue 45. This comment does not raise any new information that was not addressed in the TIA Report; therefore, no further response is necessary.

C-11 The commenter states that based on the aerial map of the area, it does not appear that there is a designated left-turn pocket at the location of the proposed project driveway on Golf Center Parkway as shown on Figure 3-1 (p. 7). The commenter requests TIA verify and confirm whether a left-turn lane is assigned at this location.

Project vehicles wanting to make a southbound
left-turn from Golf Center Parkway into the project
site will utilize the existing two-way-left-turn-lane
on Golf Center Parkway. As shown in Table 12-1
of the Traffic Impact Analysis Report, the project
driveway on Golf Center Parkway is forecast to
operate at an acceptable LOS D during the AM
peak hour and at an acceptable LOS C during the
PM peak hour in the Year 2026. This comment
does not raise any new information that was not
addressed in the TIA Report; therefore, no further response is necessary.

C-12 The commenter states that based on the aerial map of the area, it appears that the through lane at the Golf Center Parkway and Avenue 45 intersection does not share space with the right turn lane. Instead, the right turn lane seems to have its own dedicated space prior to the intersection stop bar as shown on Figure 3-1 (p. 7).

The commenter requests the TIA verify and conf irm whether the right turn lane is indeed separate from the through lane.

As shown in Figure 3-1 of t he TIA Report and consistent with Google aerial maps, exclusive right-turn lanes currently exist at the Golf Center Parkway and Avenue 45 intersection for the northbound, southbound and eastbound directions. This comment does not raise any new information that was not addre ssed in the TIA Report; theref ore, no further response is necessary.

C-13 The commenter states that the Existing Traffi c Volumes shown on Figure 3-2 (p. 8) must be balanced across all intersections to ensure accurate analysis in Synchro.

Based on City of Indio guidelines, existing traf fic counts are collected for a two-hour period during the morning (i.e. 7:00 AM – 9:00 AM) and for a two-hour period during the afternoon (i.e. 4:00 PM – 6:00 PM). A peak hour is then determined for the morning and afternoon for all

Existing 2-Way Left Turn Lane on Golf Center
Parkway @ Project Site

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RESPONSES TO MND COMMENT LETTERS
December 30, 2024

16 key study intersections. It should be noted t hat not all traffic volumes between the study intersections will be balanced, as each intersection has its own peak hour, which can vary by up to 15 minutes. In addition, some intersections may also have driveways and/or roadways in between that will affect any traffic volume balancing. For these reasons, existing traffic counts are not balanced across all intersections and no revisions to the TIA are required.

C-14 The commenter requests that the TIA’s Projec t Traffic Distribution and Assignment (p. 11) provide the project’s directional trip distribution pattern. The commenter notes that Figure 5-1 currently depicts percentages rather than the actual distribution pattern.

Figure 5-1 of the TIA Report pres ents the project’s directional trip distribution pattern. The actual directional trip distribution pattern for the Project and the Project specific assignment is shown on the right side of Fi gure 5-1 for each key study intersections (i.e. inbound and outbound percentages). Given that the comment does not raise any new information that was not addressed in the TIA Report, no further response is necessary.

C-15 The commenter requests that the TIA’s discussion of Ambient Traffic Growth (p. 13) clarify the designation of the horizon year as 2026. The comme nter also requests the TIA to specifically explain its relevance and how it is defined within the context of the traffic study.

The ambient growth rate used in the analysis is discussed in Section 6.1 of the TIA Report. As stated in the report, “The ambient traffic growth factor (i.e. 2.0% per year) is intended to include unknown and future cumulative projects in the study area, as well as account for regular growth in traffic volumes due to the development of pr ojects outside the study area.” Applying the growth factor to the existing Year 2024 traffic volumes results in a four percent (4.0%) increase in existing volumes to horizon Year 2026 (i.e. project opening year).

This comment does not raise any new informat ion that was not addressed in the TIA Report; therefore, no further response is necessary.

C-16 The commenter requested the TIA pr ovide a realistic estimate of future on-street conditions, specifying the factors or metrics being estimat ed in the discussion of Cumulative Projects Traffic Characteristics (p. 13).

As stated in Section 6.2 of the Traffic Impact Analysis Report, fourteen (14) cumulative projects identified by the City of Indio Planning Depar tment have been included in the project opening year analysis in order to make a realistic estimate of future on-street traffic volume conditions prior to implementation of t he proposed Project. This methodology, that is, the use of an ambient traffic growth factor and the inclusion of cumulative projects is consistent with the City of Indio requirements for developing future traffic conditions without project traffic.

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RESPONSES TO MND COMMENT LETTERS
December 30, 2024

17 C-17 The commenter requests clarif ication on why a study for the Horizon Year has not been included in the analysis under the Traffic Impact Analysis Scenarios (p. 17).

Please see Response to Comment C-3.

C-18 The commenter requests clarific ation on the criteria that define an unacceptable Level of Service (LOS) under the Existing Traffic Conditions (p. 18) discussion.

The defined level of service requirements for the key study intersections are presented in Section 3.6, Impact Criteria and Thresholds; and Section 7.1, Impact Criteria and Thresholds, of the TIA Report, respectively. This comment does not raise any new information that was not addressed in the TIA Report; therefore, no further response is necessary.

C-19 The commenter requests clarification on why the ti tle of Section 8.2, "Existing with Ambient Growth with Project Traffic Conditions," is identic al to the title of Section 8.0. The commenter suggests this may cause confusion, as the cont ent of these sections could differ, and clearer distinctions in the section titles could hel p in understanding their specific analyses or focus areas.

Section 8.0 of the Traffic Impact Analysis Report contains the analysis results for Existing With Ambient Growth With Project Traffic Conditions. Section 8.1 presents the analysis results for Existing Traffic Conditions and Section 8.2 pres ents the analysis results for “Existing With Ambient Growth With Project Traffic Conditions ”. The analysis provided in both sections is clear and no revisions are required.

C-20 The commenter requests that t he discussion of “Existing with AG with Project Traffic Conditions” on p. 18 be clarified to denote whether “acceptable service levels” or “acceptable Levels of Service (LOS) is intended.

Section 8.2 of the Traffic Impact Analysis Report indicates that one (1) of the eight (8) key study intersections (i.e. Golf Center Pkwy/Lorraine Str eet at Highway 111) is forecast to operate at unacceptable levels of service with the addition of Project traffic based on the level of service standards and criteria m entioned in the report. The section further indicates that with the implementation of recommended improvements at the deficient location, the level of service at the location improves to an acceptable service level. No revisions or clarification are required C-21 The commenter requests clarification on whether Table 8-1 (p. 19) is an Intersection Capacity Analysis Summary or a Level of Service (LOS) Summary. The commenter notes that this distinction is important for understanding the data presented and its relevance to the traffic study.

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RESPONSES TO MND COMMENT LETTERS
December 30, 2024

18 As noted in the title for Table 8-1 “Existing Wi th Ambient Growth With Project Peak Hour Intersection Capacity Analysis Summary”; Table 8-1 is a Peak Hour Intersection Capacity Analysis Summary, which is also a level of service summary for each study intersection.

Additionally, the text on p. 18 describes t he contents and context of data contained within Table 8-1. Specifically, p. 18 states:

Table 8-1 summarizes the peak hour level of service results at the eight (8) key study intersections for “Existing With Ambient Growth With Project” traffic conditions. The first column (1) of HCM/LOS values in Table 8-1 presents a summary of existing AM and PM peak hour traffic conditions. The se cond column (2) lists Existing With Ambient Growth (Year 2026) With Project traffic conditions. The third column (3) shows the increase in delay value and indica tes whether the traffic associated with the Project will result in a deficiency based on the LOS standards and criteria defined in this report. The fourth co lumn (4) presents the resultant level of service with the inclusion of recommended traffic impr ovements, where needed, to achieve an acceptable level of service.

No revisions or clarification are required.

C-22 The commenter states that the sentence “Existing With Ambient Growth with Project traffic conditions and Existing with Ambient Growth wi th Project with Cumulative Projects traffic conditions, respectively” - appears too often. The commenter requests t hat the TIA report be revised to remove the repetition.

The terms “Existing With Ambient Growth With Project Traffic Conditions” and “Existing With Ambient Growth With Project With Cumulati ve Projects Traffic Conditions” are needed to clearly describe the specific traffic analysis scenarios being evaluated in the TIA Report. This comment is editorial in nature and does not affect the adequacy or accuracy of the of the TIA Report, the Draft IS/MND or the Project’s potential environmental effects, therefore, no further response is required.

C-23 The commenter requests that a legend be added to Figure 13-1 (p. 30) to identify the dashed green line.

Figure 13-1 includes a legend which denotes that a green line in the figure represents a sidewalk and that a dashed line in the figure indi cates a future item to be constructed by the Project. Thus, a dashed green line delineates t he location of the futu re sidewalk to be constructed by the Project. No additions or revisions to Figure 13-1 are necessary.

C-24 This comment states that if any Caltrans facilities are impacted by the project, those facilities must meet American Disabilities Act (ADA) Standards after project completion and maintain

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RESPONSES TO MND COMMENT LETTERS
December 30, 2024

19 bicycle and pedestrian access during construction. The comment further states that these access considerations support Caltrans’ equity mission to provide a safe, sustainable, and equitable transportation network for all users.

As presented in Sections 8.0 and 9.0 of the TIA Report, Caltrans facilities in the vicinity of the Project, namely the intersections of Golf C enter Parkway at I-10 Westbound Ramps and Golf Center Parkway at I-10 Eastbound Ramps, are forecast to operat e at an acceptable level of service during the AM peak hour and PM peak hour in the Year 2026 with the proposed Project.

Therefore, no Caltrans facilities would be impacted by the Project. It should also be noted that during construction, the Applicant/Construction Cont ractor will work with the City of Indio to maintain adequate pedestrian and bicycle access al ong its project front ages on Golf Center Parkway and Avenue 45.

C-25 This comment advises that any permanent work or temporary traffic control that encroaches onto Caltrans’ ROW requires a Caltrans-issued encroachment permit and provides information on the submittal process.

The proposed Project will not require a Caltrans Encroachment Permit as no permanent work or temporary traffic control will encroach onto any Caltrans right-of-way.

C-26 This comment thanks the City of Indio for includi ng Caltrans in the review process. It also provides a point of contact for future questions, future notifications and requests for review of new projects
This comment does not raise any specific issues regarding the content, adequacy, or accuracy of the of the TIA Report, the Draft IS/MND or the Project’s potential environmental effects, therefore, no further response is required.

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MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials

AESTHETICS
MM-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 prevent glare, light trespass, and light pollution away from adjoining properties and public rights-of-way, so that direct illumination does not infringe onto adjoining properties.

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)
Developer/Permit
Applicant, City of
Indio Community
Development
Department.

MM 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).

Prior to the issuance
of any building permit,
the City of Indio shall
assure that glass
proposed for
installation is non-
reflective.

Developer/Permit
Applicant, City of
Indio Community
Development
Department.

AIR QUALITY
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 Prior to the issuance
of any permit.

Developer/Permit
Applicant,
SCAQMD, City of
Indio Community
Development
Department

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MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
requirements of SCAQMD Rule 403 “Fugitive Dust” and Rule 403.1 “Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources.” Construction contractors shall be obligated by their contracts to adhere to the approved Fugitive Dust 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.

BIOLOGICAL RESOURCES
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 Focused surveys shall
be conducted prior to
vegetation removal or
ground-disturbing
activities. If required,
the Burrowing Owl
Plan shall

The Project proponent
shall implement the
Burrowing Owl Plan
following CDFW and
USFWS review and
approval.

Preconstruction
burrowing owl surveys
Applicant/Developer
/CDFW, USFWS
and City of Indio
Community
Development
Department

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MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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 entrance 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 itself 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 burrow exclusion and closure, could result in take of burrowing owl, appropriate CESA authorization should be obtained prior to commencement of Project activities.

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 shall be performed by a shall be conducted no
less than 14 days
prior to the start of
Project-related
activities and within
24 hours prior to
ground disturbance.

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MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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 Bird 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 shall 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. Construction activities may not occur inside the established buffers, which shall remain on-site until a qualified Surveys shall be
performed no more
than three days prior
to vegetation removal
or ground-disturbing
activities.

The Final Bird Survey
Monitoring Report
shall be submitted
within 30 days of the
completion of the
monitoring efforts.

City of Indio
Community
Development
Department.

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MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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 pre-construction and post-construction conditions, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved.

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.

Prior to construction
and issuance of any
grading permit
City of Indio
Community
Development
Department

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MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials

CULTURAL RESOURCES AND TRIBAL CULTURAL RESOURCES
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 American 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 the issuance of grading permits, a copy of the agreement between the Developer/Permit Applicant and the Archaeological Monitor shall be submitted to the City of Indio Planning Division for verification that the agreement is in place.

Prior to the issuance
of a grading permit
Developer/Permit
Applicant and City of
Indio Community
Development
Department

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 Prior to the issuance
of a grading permit
Developer/Permit
Applicant and City of
Indio Community
Development
Department

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 454 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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 feet).

In conjunction with the Archaeological Monitor, the Native American Monitor shall have the authority to temporarily divert, redirect, 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(1) 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 Prior to the issuance
of a grading permit
City of Indio
Community
Development
Department

1 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 455 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 456 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
• 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 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 Before and during
construction
City of Indio
Community
Development
Department

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 457 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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 human 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 whether 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. Further 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 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.

During construction City of Indio
Community
Development
Department and
County Coroner

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 During and after
construction
Developer/Permit
Applicant and City of
Indio Community

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 458 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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.

Development
Department.

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 describes the project, the personnel used, the dates of performance, and results. If cultural resources are recovered and cannot be preserved in place, they During construction
and after completion
of the monitoring
program
Qualified
Archeaologist,
Native American
Monitor, City of Indio
Community
Development
Department.

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 459 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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 resource mitigation monitoring efforts such as, but not limited to, the 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.

Prior to the release of
the grading bond and
no later than 90 days
after monitoring has
been completed
City of Indio
Community
Development
Department

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 460 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials

GEOLOGY AND SOILS
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 individual 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 undisturbed 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 Before and during
construction
Project
Paleontologist and
City of Indio
Community
Development
Department

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 461 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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.,
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 required.

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

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 462 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
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, through 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 explores 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.

Reporting: A final paleontological mitigation report shall be written that summarizes the results and findings of paleontological monitoring. If no

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 463 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
fossils are salvaged over the course of monitoring, an abbreviated final paleontological mitigation report will be prepared.

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.

Prior to and during
construction
Project
Paleontologist and
City of Indio
Community
Development
Department

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 methods 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 Prior to the release of
the Grading Bond
Project
Paleontologist and
City of Indio
Community
Development
Department

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 464 of 552

MAVERIK FUELING STATION INDIO MITIGATION, MONITORING AND REPORTING PROGRAM PLAN-PRD-24-0006; PLAN-CUP-24-0001; PLAN-TPM-24-0002 (MAP NO. 38916); PLAN-ER-24-0006 MM No. Mitigation Measure Timing of
Verification
Responsible
Party(ies)
Date of
Completion/
Initials
used and stratigraphy exposed will be completed. The Final Paleontological Monitoring Report shall be submitted to the City of Indio Community Development Department.

TRANSPORTATION/TRAFFIC
MM TR-1: Payment of Applicant’s Fair Share of Intersection Improvement (Golf Center Parkway/Lorraine Street at Highway 111)
Prior to the issuance of a Building Permit(s) for the proposed fueling station/convenience store, the Applicant shall pay 25.61% of the cost of converting the existing five-phase operation traffic signal at the intersection of Gold Center Parkway and Lorrain Street at Highway 111 to six phase operation with split-phasing on Golf Center Parkway/Lorraine Street; modifying the traffic signal and providing a southbound right-turn overlap phasing.

Prior to the issuance
of a Building Permit(s)
for the proposed
fueling
station/convenience
store
City of Indio
Community
Development
Department.

Consideration of an Appeal of the February 12, 2025, Planning Commission...Page 465 of 552 RESOLUTION NO. 10482 (PROJECT DENIAL)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION’S DECISION TO DENY THE FOLLOWING: 1) FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) (PLAN-ER-24-0006); 2) TENTATIVE PARCEL MAP NO. 38916 (PLAN- TPM-24-0002); 3) CONDITIONAL USE PERMIT (PLAN-CUP-24-0001) FOR THE DEVELOPMENT OF A 5,951-SQUARE-FOOT CONVENIENCE STORE, 10 FUEL PUMPS UNDER A 7,214-SQUARE-FOOT CANOPY, AND ASSOCIATED
IMPROVEMENTS AND 4)THE PLANNING REVIEW FOR THE MAVERIK FUELING STATION FOR THE DEVELOPMENT OF A 5,951-SQUARE-FOOT CONVENIENCE STORE, 10 FUEL PUMPS UNDER A 7,214-SQUARE-FOOT CANOPY, A FOUR-

LANE DIESEL/COMMERCIAL FUELING AREA WITH FOUR STATIONS, AND

ASSOCIATED IMPROVEMENTS LOCATED AT THE NORTHEAST CORNER OF GOLF CENTER PARKWAY AND AVENUE 45 (APN: 611-330-025); THEREBY DENYING THE PROJECT.

WHEREAS, on March 13, 2024, Catherine Otis (“Applicant”), on behalf of Maverik, Inc., submitted an application for Planning Review (PLAN-PRD-24-0006), Conditional Use Permit (PLAN-CUP-24-0001), and Tentative Parcel Map (Case File No.

PLAN-TPM-24-0002) to allow for the development of a 5,951-square-foot convenience store, a 7,214-square-foot fuel canopy with 10 fuel pumps (20 fueling positions), and a four-lane diesel/commercial fueling area with four stations, along with associated site improvements on an 8.62-acre site, of which 3.37 acres will be developed (the “Project”); and
WHEREAS, the application for a Conditional Use Permit (PLAN-CUP-24-0001) for the development of a 5,951-square-foot convenience store, a 7,214-square-foot fuel canopy with 10 fuel pumps (20 fueling positions), a four-lane diesel/commercial fueling area with four stations, and ancillary on-site improvements on a 3.37-acre portion of an

8.62-acre site; and
WHEREAS, the City of Indio, as the Lead Agency for the Project, caused the preparation of an Initial Study (IS) to analyze the potential environmental effects of the Project in accordance with CEQA and the CEQA Guidelines; and WHEREAS, based on the findings in the Initial Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment with the incorporation of mitigation measures. As a result, an Initial Study/ Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared; and
WHEREAS, pursuant to CEQA Guidelines Section 15072, the IS/MND was circulated for public review from November 6, 2024, to December 5, 2024, allowing responsible agencies and the public an opportunity to review and provide comments prior to the Planning Commission hearing; and

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 466 of 552 WHEREAS, pursuant to Assembly Bill (AB) 52 and Public Resources Code Section 21080.3.1, the City of Indio initiated tribal consultation on November 4, 2024, with California Native American tribes that have requested notification of projects within the City's jurisdiction. The Agua Caliente Band of Cahuilla Indians participated in consultation and provided input regarding cultural resource protections. Mitigation measures were incorporated into the IS/MND to ensure potential impacts on tribal cultural resources remain less than significant; and
WHEREAS, the Project application was processed within the time period for review and in the manner prescribed by State and local law, including the California Environmental Quality Act (CEQA) (Public Resources Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Reg. § 15000, et seq.); and WHEREAS, the Planning Commission independently reviewed and considered the IS/MND, Mitigation Monitoring and Reporting Program (MMRP), and all related documents; and
WHEREAS, on February 12, 2025, the Planning Commission held a duly noticed public hearing to consider the application for the Project, during which City staff and Applicant were permitted to present both written and oral evidence, including the staff report and supporting documents, and interested parties were permitted to give testimony or submit written comments in advance of the hearing all of which were considered and included in the Administrative Record; and WHEREAS, the Planning Commission made the following findings: 1) the traffic impacts and trip generation would exacerbate an existing circulation problem with congestion at the proposed project location; 2) there is an unacceptably large concentration of gas stations already located nearby; 3) the Greenhouse Gas impact is unacceptable; 4) the proposed use, while permitted with a Conditional Use permit pursuant to the area’s zoning designation, is inappropriate because a) it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and b) the two (2) vulnerable receptors, a school and a low income housing project, are too close to the project location and make it an inappropriate use for the particular site; and

WHEREAS, the Project site has a General Plan 2040 land use designation of Workplace Employment District (WEP) and a zoning designation of Heavy Industrial (IH), which permits fueling stations subject to approval of a Conditional Use Permit (CUP) in accordance with Indio Unified Development Code (UDC) Section 2.04.02-1; and
WHEREAS, the proposed use is subject to the additional standards for fueling stations as outlined in UDC Section 4.05 (Automotive Service and Repair/Fueling Stations), which includes requirements related to site design, circulation, setbacks, and operational guidelines to ensure compatibility with surrounding uses; and

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 467 of 552 WHEREAS, the site has a General Plan 2040 designation of Workplace Employment District (WEP) and a zoning designation of Heavy Industrial (IH), both of which require employment-generating uses, including fueling stations and commercial services, as permitted under the Indio Unified Development Code (UDC); and WHEREAS, the City of Indio Community Development Department and other internal and external reviewing agencies conducted a technical analysis of the Project to ensure compliance with the applicable provisions of the Indio Municipal Code, UDC, the Subdivision Map Act (California Government Code § 66410 et seq.), and other relevant regulations; and
WHEREAS, the City of Indio Community Development Department and reviewing agencies conducted a comprehensive analysis of the Project for compliance with the Indio Municipal Code, Indio Unified Development Code (UDC), General Plan 2040, California Building Standards Code, California Fire Code, and other applicable laws and regulations, and issued a staff report with recommendations dated February 12, 2025; and
WHEREAS, the Planning Commission voted against adopting Resolution No. 2106, therefore the CEQA documents (IS/MND and MMRP) were not approved; and WHEREAS, on February 25, 2025, the Applicant emailed the City Clerk to appeal the Planning Commission decision, consistent with the requirements outlined in UDC section 6.03.13; and
WHEREAS, on April 4, 2025, a notice of the public hearing before the City Council was published in the newspaper of record and notice to was mailed property owners and occupants within 500 feet of the Project boundaries; and WHEREAS, on April 16, 2025, the City Council of the City of Indio held a public hearing to deliberate the merits of the appeal; and
WHEREAS, the City Council, after the duly-noticed public hearing, considered the administrative record as well as the information, testimony and documents presented at the appeal hearing and agreed with the Planning Commission’s determination to deny the Project. Based on the findings outlined herein, the City Council denies the appeal, upholding the Planning Commission’s decision and therefore does not certify the Final Initial Study/Mitigated Negative Declaration, and denying the Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the City Council found substantial support for their decision to deny the Applicant’s appeal, upholding the Planning Commission’s decision and adopted this Resolution on the basis of the findings outlined in detail below.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 468 of 552

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals.

That the Recitals set forth above are true and correct and are hereby incorporated herein by this reference.

Section 2. Findings.

In addition to any findings made by the Planning Commission, and any findings orally made by the City Council after the close of the public hearing, the City Council makes the following findings regarding the Application:

A. Environmental Findings.

1. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City Council determines pursuant to Public Resources Code Section 21080 (b)(5), this Project is exempt from CEQA because it is a project which the public agency “rejects or disapproves.”

2. Notwithstanding, the City Council also finds:

A. There are significant harmful effects upon environmental quality and natural resources.

The Project does not possess sufficient safeguards regarding air quality, traffic mitigation and circulation, and does not sufficiently address climate change adequately. The project places greater environmental impacts upon an already disadvantaged community of the City of Indio which is in contravention of the City’s General Plan 2040. Therefore, the Project has or causes significant harmful effects upon environmental quality and natural resources.

B. Any negative impacts of the proposed use cannot be mitigated.

The mitigation measures in the Mitigation Monitoring and Reporting Program included within the Mitigated Negative Declaration (MND) as proposed are insufficient. The impacts are not sufficiently addressed in particular due to the impact on a vulnerable community within the City. Therefore, the potential environmental impacts cannot be adequately mitigated.

B. Conditional Use Permit Findings.

Pursuant to UDC Section 6.02.04, the City Council has reviewed and considered the application for Conditional Use Permit PLAN-CUP-24-0001 and makes the following findings based on substantial evidence in the record:

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 469 of 552 a. The proposed use is allowed within the applicable zone but does not comply with all other applicable provisions of the UDC and Municipal Code.

The Project site is zoned Heavy Industrial (IH), which permits fueling stations subject to a Conditional Use Permit (CUP). The convenience store and fueling station meet the additional design and operational standards outlined in UDC Section 4.05, including minimum setbacks. However, the screening, and circulation improvements are not appropriate for the location and the vulnerable community within which the Project is proposed to be located. There is too much traffic congestion in the project area of the City. Further, the proposed use, while permitted pursuant to the area’s zoning designation is inappropriate because it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and the two (2) vulnerable receptors, a school and a low income housing project which are in close proximity to the project location and make it an inappropriate use for the particular site.
b. The proposed use is inconsistent with the General Plan.

The Project site is designated Workplace Employment District (WEP) under General Plan 2040, which allows for employment-generating commercial uses, including fueling stations and convenience retail. The Project does not align with the General Plan’s goals of supporting a wide variety of employment-generating activities, including office, industrial and light manufacturing, research and development, and supportive commercial. Further, the proposed use, while permitted pursuant to the area’s zoning designation is inappropriate because it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and the two (2) vulnerable receptors, a school and a low income housing project, are in close proximity to the project location which make it an inappropriate use for the particular site.

Specifically, the Health and Equity Element of the General Plan, Figure 6-2, provides that the project is in fact a disadvantaged community. Pursuant to Chapter 6 of the General Plan, “California law requires that a General Plan include elements (or chapters) specifically addressing environmental justice. This Health and Equity element was prepared to meet the requirements California adopted with Senate Bill 1000 (SB 1000), or the Planning for Healthy Communities Act. SB 1000 requires cities to develop an Environmental Justice element, or related environmental justice goals and policies to reduce the unique or compounded health risks in “disadvantaged communities.” Elements may address the reduction of pollution exposure, the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity in disadvantaged communities.

The Project violates the overall policy HE-1.1 which provides: “Encourage programs and practices that aim to reduce health inequities. Partner with public and private health

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 470 of 552 partners to work towards ensuring a healthy and sustainable lifestyle for all Indio residents and workers.” The Project would increase congestion, greenhouse gas emissions, and traffic in an already disadvantaged community.

In addition, the Project violates policy HE-2.7 which provides: “Prioritize health- promoting uses in new development including neighborhood markets, grocery stores, medical centers, pharmacies, parks, gyms, and community gardens.” The Project does not include a land use that prioritizes health or a healthy neighborhood design that encourages a healthy lifestyle for people of all ages, income levels, and cultural backgrounds.
c. The proposed use will be adverse to the public health, safety, or general welfare of the community and detrimental to surrounding properties or improvements.

The Project has been reviewed by City departments and regulatory agencies to ensure compliance with public safety standards. The fueling station includes adequate setbacks, lighting, stormwater management, and compliance with California Fire Code and hazardous materials regulations. However, the impacts to environmental health, and particularly traffic circulation are insufficiently mitigated to overcome the impacts to the community and the City as a whole. Further, the proposed use, while permitted pursuant to the area’s zoning designation is inappropriate because it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and the two (2) vulnerable receptors, a school and a low income housing project, close to the project location make it an inappropriate use for the particular site.

Specifically, the Health and Equity Element of the General Plan, Figure 6-2, provides that the project is in fact a disadvantaged community. Pursuant to Chapter 6 of the General Plan, “California law requires that a General Plan include elements (or chapters) specifically addressing environmental justice. This Health and Equity element was prepared to meet the requirements California adopted with Senate Bill 1000 (SB 1000), or the Planning for Healthy Communities Act. SB 1000 requires cities to develop an Environmental Justice element, or related environmental justice goals and policies to reduce the unique or compounded health risks in “disadvantaged communities.” Elements may address the reduction of pollution exposure, the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity in disadvantaged communities.

The Project violates the overall policy HE-1.1 which provides: “Encourage programs and practices that aim to reduce health inequities. Partner with public and private health partners to work towards ensuring a healthy and sustainable lifestyle for all Indio residents and workers.” The Project would increase congestion, greenhouse gas emissions, and traffic in an already disadvantaged community.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 471 of 552 In addition, the Project violates policy HE-2.7 which provides: “Prioritize health- promoting uses in new development including neighborhood markets, grocery stores, medical centers, pharmacies, parks, gyms, and community gardens.” The Project does not include a land use that prioritizes health or a healthy neighborhood design that encourages a healthy lifestyle for people of all ages, income levels, and cultural backgrounds.
d. The proposed use does not comply with design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code.

The proposed site design does not sufficiently integrate continuous external connectivity or multi-modal site access to ensure compliance with UDC section 3.02.02 (Site Access).
e. The design, location, size, and operating characteristics of the proposed activity are incompatible with the existing and reasonably foreseeable future land uses in the vicinity.

Because the Project is located in an area characterized by industrial and commercial uses, including auto repair shops, industrial suites, and a gas station, another gas station and mini-mart are not necessary for the location. The fueling station and convenience store are compatible with the surrounding land uses, but they will not provide a wide variety of employment generating activities along Golf Center Parkway and Avenue 45. With particularity, the impacts on this sector of the City’s population are inappropriate by comparison with other sectors and locations within the City which have a dearth of such uses by comparison.
f. The site is not physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

The site is currently vacant and has adequate access to Golf Center Parkway and Avenue 45. However, the Project does not sufficiently address the general site development standards for all zones such as the requirements for internal streets and paths which do not adequately accommodate the proposed use.

C. Planning Review Findings.

Planning Review Findings. Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, which are all incorporated herein by reference, the City Council hereby finds that:

A. General Plan Consistency
The Maverik Fueling Station Project is inconsistent with General Plan 2040 policies and the Indio Unified Development Code (UDC). The site is located within the Heavy Industrial (IH) zoning district, and the proposed fueling station and convenience store

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 472 of 552 are conditionally permitted uses under UDC Section 2.04.02-1. The accompanying Planning Review (PLAN-PRD-24-0006) is submitted with a Conditional Use Permit (PLAN-CUP-24-0001). The IH zoning district conditionally permits a neighborhood- serving retail store of 5,000 square feet or less in gross floor area. It also allows for an establishment engaged in retailing automotive fuels or offering fueling services in combination with minor vehicle repair, automotive oil sales, replacement parts, and/or convenience retail. Convenience stores ("mini-marts") and associated fueling operations are also allowed as ancillary uses to the primary fueling station. While the proposed project meets these criteria it does not align with the goals and objectives of the General Plan 2040. The employment-generating uses associated with the proposed development are insufficient to overcome the inordinate impacts of the project. While the project somewhat supports regional travel needs it is not compatible with surrounding land uses. The project as proposed creates inordinate impacts on economically and socially disadvantaged areas of the community. Further, the circulation aspect of the traffic study does not account for all of the proposal’s impacts, rendering it inadequate. It is inappropriate to approve a proposed project which does not circulate the traffic flow sufficiently; particularly so when the proposal is namely focused upon vehicular uses. Lastly, the proposed use, while permitted pursuant to the area’s zoning designation is inappropriate because it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and the two (2) vulnerable receptors, a school and a low income housing project, close to the project location make it an inappropriate use for the particular site.

Specifically, the Health and Equity Element of the General Plan, Figure 6-2, provides that the project is in fact a disadvantaged community. Pursuant to Chapter 6 of the General Plan, “California law requires that a General Plan include elements (or chapters) specifically addressing environmental justice. This Health and Equity element was prepared to meet the requirements California adopted with Senate Bill 1000 (SB 1000), or the Planning for Healthy Communities Act. SB 1000 requires cities to develop an Environmental Justice element, or related environmental justice goals and policies to reduce the unique or compounded health risks in “disadvantaged communities.” Elements may address the reduction of pollution exposure, the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity in disadvantaged communities.

The Project violates the overall policy HE-1.1 which provides: “Encourage programs and practices that aim to reduce health inequities. Partner with public and private health partners to work towards ensuring a healthy and sustainable lifestyle for all Indio residents and workers.” The Project would increase congestion, greenhouse gas emissions, and traffic in an already disadvantaged community.

In addition, the Project violates policy HE-2.7 which provides: “Prioritize health- promoting uses in new development including neighborhood markets, grocery stores, medical centers, pharmacies, parks, gyms, and community gardens.” The Project does not include a land use that prioritizes health or a healthy neighborhood design that

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 473 of 552 encourages a healthy lifestyle for people of all ages, income levels, and cultural backgrounds.

B. Site Design
The Project is not designed to promote efficient circulation and accessibility. Vehicular access points located along Golf Center Parkway and Avenue 45, do not ensure safe ingress and egress for passenger and/or commercial vehicles. Pedestrian pathways should provide greater connections between the project and public sidewalks in order to ensure ADA-compliant accessibility. While trash enclosures and service areas are somewhat screened from public view the proposal should be improved to properly minimize visual impacts. Landscaped buffers must be better designed to soften the edges of the development. They could create landmarks which enhance the pedestrian experience and create way finding options which are better designed and incorporated.

D. Parcel Map Findings.

Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines the Project does not comply with the necessary findings as required by Indio Municipal Code Chapter 156 and the Subdivision Map Act.

The Subdivision Map Act, in Government Code Section 66474, sets forth the findings required for tentative maps and are summarized as follows:
a. The proposed use, while permitted pursuant to the area’s zoning designation is inappropriate because it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and the two (2) vulnerable receptors, a school and a low income housing project, close to the project location make it an inappropriate use for the particular site. Specifically, the Health and Equity Element of the General Plan, Figure 6-2, provides that the project is in fact a disadvantaged community.

Pursuant to Chapter 6 of the General Plan, “California law requires that a General Plan include elements (or chapters) specifically addressing environmental justice. This Health and Equity element was prepared to meet the requirements California adopted with Senate Bill 1000 (SB 1000), or the Planning for Healthy Communities Act. SB 1000 requires cities to develop an Environmental Justice element, or related environmental justice goals and policies to reduce the unique or compounded health risks in “disadvantaged communities.” Elements may address the reduction of pollution exposure, the improvement of air quality, and the promotion of public facilities, food access,

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 474 of 552 safe and sanitary homes, and physical activity in disadvantaged communities.

The Project violates the overall policy HE-1.1 which provides: “Encourage programs and practices that aim to reduce health inequities. Partner with public and private health partners to work towards ensuring a healthy and sustainable lifestyle for all Indio residents and workers.” The Project would increase congestion, greenhouse gas emissions, and traffic in an already disadvantaged community. In addition, the Project violates policy HE-2.7 which provides:
“Prioritize health-promoting uses in new development including neighborhood markets, grocery stores, medical centers, pharmacies, parks, gyms, and community gardens.” The Project does not include a land use that prioritizes health or a healthy neighborhood design that encourages a healthy lifestyle for people of all ages, income levels, and cultural backgrounds. b. The Project will not be in conformance with the General Plan land use designation of the WEP land use designation, the Heavy Industrial (IH) zoning designations; nor with the policies and specific actions defined in the Unified Development Code and City of Indio General Plan 2040. Further, the proposed use, while permitted pursuant to the area’s zoning designation is inappropriate because it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and the two (2) vulnerable receptors, a school and a low income housing project, close to the project location make it an inappropriate use for the particular site. c. The circulation analysis of the traffic study is insufficient to address the Project impacts. This is of particular concern with a project which is both 1) automotive focused and 2) proposed to be located in an economically disadvantaged neighborhood for with environmental impacts must be better addressed and mitigated.
d. The design of the subdivision or type of improvements are likely to cause public health impacts such as inequity in the health of the community, overall traffic congestion in the area, and will be detrimental to public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

Section 3. Upholding the Planning Commission’s Decision to Deny the Application, thereby Denying the Project.

That the City Council hereby upholds the Planning Commission’s Decision to Deny the Application, thereby denying the Project.

Section 4. Certification.

That the City Clerk shall certify to the passage and adoption of this resolution, enter the same in the book of original resolutions of the City and make a minute of passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 475 of 552 Section 5. Severability.

That if any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 6. Effective Date.

That this Resolution shall take effect upon its adoption. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 476 of 552 PASSED AND ADOPTED by the City Council of the City of Indio at a regular meeting held on the 16th day of April 2025 by the following vote:

AYES, and in favor thereof, Council members:

NAYS, Council members:

ABSENT, Council members:

ABSTAINING, Council members:

ATTEST: APPROVED:
_________________________________ _____________________ Sabdi Sanchez, MMC City Clerk Glen Miller, Mayor

APPROVED AS TO FORM:
_________________________________
Steven Graham Pacifico, City Attorney

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 477 of 552 RESOLUTION NO. 10483

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP NO. 38916 (PLAN-TPM- 24-0002) TO SUBDIVIDE AN 8.62-ACRE SITE INTO TWO PARCELS, LOCATED AT THE NORTHEAST CORNER OF GOLF CENTER PARKWAY AND AVENUE 45 (APN: 611-330-025); AND OVERTURNING THE PLANNING COMMISSION DECISION (PLAN-APP-25-0002).

WHEREAS, on March 13, 2024, Catherine Otis (“Applicant”), on behalf of Maverik, Inc., submitted an application for Planning Review (PLAN-PRD-24-0006), Conditional Use Permit (PLAN-CUP-24-0001), and Tentative Parcel Map (Case File No.

PLAN-TPM-24-0002) to allow for the development of a 5,951-square-foot convenience store, a 7,214-square-foot fuel canopy with 10 fuel pumps (20 fueling positions), and a four-lane diesel/commercial fueling area with four stations, along with associated site improvements on an 8.62-acre site, of which 3.37 acres will be developed (the “Project”); and
WHEREAS, the site has a General Plan 2040 designation of Workplace Employment District (WEP) and a zoning designation of Heavy Industrial (IH), both of which support employment-generating uses, including fueling stations and commercial services, as permitted under the Indio Unified Development Code (UDC); and WHEREAS, the proposed subdivision will facilitate appropriate development by creating a legally subdivided parcel for the fueling station while retaining the remainder parcel for future employment-generating uses consistent with the General Plan and zoning; and
WHEREAS, pursuant to Government Code § 66473.5, a tentative parcel map must be found consistent with the General Plan and applicable zoning regulations, and the proposed subdivision aligns with the City’s planning objectives and applicable standards; and
WHEREAS, the City of Indio Community Development Department and other internal and external reviewing agencies conducted a technical analysis of the Project to ensure compliance with the applicable provisions of the Indio Municipal Code, UDC, the Subdivision Map Act (California Government Code § 66410 et seq.), and other relevant regulations; and
WHEREAS, the Tentative Parcel Map will not conflict with easements acquired by the public at large, for access through or use of property within the proposed parcel subdivision as all such improvements will be constructed to be adequate for the Project, and it will not cause substantial environmental damage or substantially avoidably injure fish, wildlife, or their habitat; and

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 478 of 552 WHEREAS, the proposed design of the subdivision improvements contemplated by the proposed parcel subdivision is not likely to be detrimental to public health, safety, or welfare as adequate sewer and water systems will be available to the two resultant parcels. The parcels have the necessary infrastructure to adequately serve the proposed development and all proposed uses as allowed by the zoning ordinances that regulate the Project Site; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Indio CEQA Implementation Requirements, an Initial Study/Mitigated Negative Declaration (PLAN-ER-24-0006) has been prepared for the Project, and by Resolution No. 2106, the Planning Commission has approved the Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program; and
WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration), comments were received regarding the Initial Study/Mitigated Negative Declaration, which were reviewed and incorporated into the administrative record; and WHEREAS, a notice of a public hearing to consider the Planning Review, Conditional Use Permit, and Tentative Parcel Map (Case File No. PLAN-TPM-24-0002) was issued in accordance with Public Resources Code Section 21092, including the publication of a legal public hearing notice in The Desert Sun on January 31, 2025, and the mailing of a public hearing notice to a certified list of property owners within 500 feet of the subject property on January 30, 2025; and
WHEREAS, on February 12, 2025, the Planning Commission held a duly noticed public hearing to consider the application for the Project, during which evidence, both written and oral, including the staff report and supporting documents, was presented at said hearing; and
WHEREAS, the Planning Commission made the following findings: 1) the traffic impacts and trip generation would exacerbate an existing circulation problem with congestion at the proposed project location; 2) there is an unacceptably large concentration of gas stations already located nearby; 3) the Greenhouse Gas impact is unacceptable; 4) the proposed use, while permitted with a Conditional Use permit pursuant to the area’s zoning designation, is inappropriate because a) it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and b) the two (2) vulnerable receptors, a school and a low income housing project, are too close to the project location and make it an inappropriate use for the particular site; and

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 479 of 552 WHEREAS, at the conclusion of the public hearing and following discussion, the Planning Commission denied Resolution No. 2103, denying the conditional approval of Tentative Parcel Map No. 38916 (PLAN-TPM-24-0002) on the basis of the findings described in the recital above; and
WHEREAS, on February 25, 2025, the Applicant sent their appeal of the Planning Commission decision to the City Clerk, consistent with Indio Municipal Code (“IMC”) section 156.022, thereby necessitating this hearing before the City Council; and WHEREAS, on April 4, 2025, a notice of the public hearing before the City Council was published in the newspaper of record and notice to was mailed property owners and occupants within 500 feet of the Project boundaries; and WHEREAS, on April 16, 2025, the City Council of the City of Indio held a public hearing on the appeal. The City Council duly considered all public testimony as well as all materials in the staff report and accompanying documents for the Project including the appeal and corresponding materials submitted by the Applicant; and WHEREAS, Planning Commission appeals are decided de novo; and WHEREAS, at the conclusion of the hearing, the City Council determined there was a sufficient basis to grant the appeal, overturning the Planning Commission’s decision and conditionally approving the tentative parcel map. The City Council’s decision is supported by the findings below.

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

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

SECTION 2. Environmental Findings. The City Council has independently reviewed the Initial Study/Mitigated Negative Declaration and the administrative record for the Project, including all oral and written comments received during the public hearing, the staff report, and all attachments, which are all incorporated herein by reference and are on file with the Community Development Department and City Clerk’s Department of the City of Indio. The City Council finds that:

A. The City of Indio, as Lead Agency, has reviewed the proposed Project pursuant to CEQA, the State CEQA Guidelines, and the City of Indio Municipal Code, UDC and CEQA Implementation Requirements. On April 16, 2025, the City Council adopted Resolution No. 10480 approving the Final Initial Study/Mitigated Negative Declaration (PLAN-ER-24-0006), and Mitigation Monitoring and Reporting Program.

Resolution No. 10480 is incorporated herein by reference as if set forth in full.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 480 of 552 SECTION 3. Map Findings.

Based upon the evidence presented at the appeal hearing, including the staff report, the presentation by the Applicant and any corresponding materials thereby submitted, duly considering all oral and written comments received during the public hearing the City Council hereby finds and determines the Project complies with the applicable provisions of Indio Municipal Code Chapter 156 and the Subdivision Map Act. The Subdivision Map Act, in Government Code Section 66474 sets forth the findings required for tentative maps and are summarized as follows:
a. Tentative Parcel Map No. 38687 (PLAN-TPM-24-0002) complies with the Subdivision Map Act.
b. The proposed Tentative Parcel Map will create two separate parcels which is consistent with applicable City of Indio General Plan 2040 and specific plans in that subdivision and meets Unified Development Code standards. c. The design or improvement of the proposed subdivision is consistent with applicable aspects of the City of Indio General Plan 2040, Indio Municipal Code and the Unified Development Code in that the proposed parcel subdivision will be in conformance with the General Plan land use designation of the Workplace and Employment District (“WEP”) land use designation, the Heavy Industrial (IH) zoning designation, and with the policies and specific actions defined in the Unified Development Code and General Plan 2040.
d. The site is physically suitable for the type of development in that adequate access and infrastructure exists or will be provided. The Applicant will be financially responsible for improving traffic control infrastructure impacted by the Project. Furthermore, the site has no topographical constraints. e. The site is physically suitable for the density of development(s) permitted within the City of Indio General Plan 2040 WEP land use and Unified Development Code IH zoning designations.
f. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the resultant parcels are surrounded by developed parcels and disturbed vacant lands and there is no presence of fish and wildlife or their habitat on this property. There are no watercourses, streams, or wetlands present on the property. The Project is therefore not likely to cause substantial environmental damage within the City and provides no fish or significant wildlife habitat.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 481 of 552 g. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that adequate sewer and water systems will be available to the resultant parcels. Compliance with the applicable standards and conditions of approval will prevent the project from being detrimental to public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
h. The design of the subdivision or the type of improvement(s) will not conflict with easements, acquired by the public at large, for access through, or use of property within the proposed subdivision in that public utilities for electricity, water, sewer, telecommunications, and gas services have all been assessed for availability.

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

SECTION 4. Recommendation. Based on the foregoing, the City Council hereby CONDITIONALLY APPROVES Tentative Parcel Map No. 38916 (PLAN-TPM- 24-0002). This approval is subject to the Conditions of Approval outlined in Resolution No. 10483 [CUP] and Resolution No. 10480 [MND] which remain applicable to the Project. The Applicant shall demonstrate compliance with all conditions of approval as specified therein. Failure to demonstrate compliance may result in the delay of final map approval or revocation of entitlements.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 482 of 552 SECTION 5.The City Council Secretary shall certify the passage, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 16th day of April 2025, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Glenn Miller, Mayor
ATTEST:
____________________________________
Sabdi Sanchez, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven Pacifico Graham, City Attorney

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 483 of 552

RESOLUTION NO. 10484

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT (PLAN-CUP-24- 0001) FOR THE DEVELOPMENT OF A 5,951-SQUARE-FOOT CONVENIENCE STORE, 10 FUEL PUMPS UNDER A 7,214-SQUARE-FOOT CANOPY, A FOUR-

LANE DIESEL/COMMERCIAL FUELING AREA WITH FOUR STATIONS, AND

ASSOCIATED IMPROVEMENTS TO BE LOCATED AT THE NORTHEAST CORNER OF GOLF CENTER PARKWAY AND AVENUE 45 (APN: 611-330-025); OVERTURNING THE PLANNING COMMISSION DECISION (PLAN-APP-25-0002) WHEREAS, on March 13, 2024, Catherine Otis (“Applicant”), on behalf of Maverik, Inc., submitted an application for Planning Review (PLAN-PRD-24-0006), Conditional Use Permit (PLAN-CUP-24-0001), and Tentative Parcel Map (Case File No.

PLAN-TPM-24-0002) to allow for the development of a 5,951-square-foot convenience store, a 7,214-square-foot fuel canopy with 10 fuel pumps (20 fueling positions), and a four-lane diesel/commercial fueling area with four stations, along with associated site improvements on an 8.62-acre site, of which 3.37 acres will be developed (the “Project”); and

WHEREAS, The Project site has a General Plan 2040 land use designation of Workplace Employment District (WEP) and a zoning designation of Heavy Industrial (IH), which permits fueling stations subject to approval of a Conditional Use Permit (CUP) in accordance with Indio Unified Development Code (UDC) Section 2.04.02-1; and
WHEREAS, The proposed use is subject to the additional standards for fueling stations as outlined in UDC Section 4.05 (Automotive Service and Repair/Fueling Stations), which includes requirements related to site design, circulation, setbacks, and operational guidelines to ensure compatibility with surrounding uses; and WHEREAS, The City of Indio Community Development Department and reviewing agencies conducted a comprehensive analysis of the Project for compliance with the Indio Municipal Code, Indio Unified Development Code (UDC), General Plan 2040, California Building Standards Code, California Fire Code, and other applicable laws and regulations, and issued a staff report with recommendations dated February 12, 2025; and
WHEREAS, The City of Indio, as Lead Agency under the California Environmental Quality Act (CEQA), has prepared an Initial Study/Mitigated Negative Declaration (IS/MND) (PLAN-ER-24-0006) to evaluate the Project’s potential environmental impacts. The City Council approved the IS/MND and the accompanying Mitigation Monitoring and Reporting Program (MMRP) under Resolution No. 10480, which is incorporated herein by reference; and

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 484 of 552 WHEREAS, pursuant to CEQA Guidelines Section § 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration), an initial study with mitigated negative declaration was prepared for the Proposed Project (“Initial Study/Mitigated Negative Declaration), and mitigation measures have been incorporated into the Mitigated Negative Declaration and will be imposed on the Proposed Project through the City’s adoption of a Mitigation Monitoring and Reporting Program (“MMRP”) in compliance with CEQA Guidelines Section 1507(d); and,
WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration), comments were received pertaining to the Initial Study/Mitigated Negative Declaration and added to the administrative record; and,
WHEREAS, a public hearing notice for the Planning Review (PLAN-PRD-24- 0006), Conditional Use Permit (PLAN-CUP-24-0001), and Tentative Parcel Map (PLAN- TPM-24-0002) was published in The Desert Sun on January 31, 2025, the City’s newspaper of record, and mailed to a certified list of property owners within a 500-foot radius of the subject property on January 30, 2025, in accordance with Public Resources Code Section 21092; and,
WHEREAS, on February 12, 2025, the Planning Commission held a duly noticed public hearing to consider the application for the Project, during which City staff and Applicant were permitted to present both written and oral evidence, including the staff report and supporting documents, and interested parties were permitted to give testimony or submit written comments in advance of the hearing all of which were considered and included in the Administrative Record; and WHEREAS, the Planning Commission made the following findings: 1) the traffic impacts and trip generation would exacerbate an existing circulation problem with congestion at the proposed project location; 2) there is an unacceptably large concentration of gas stations already located nearby; 3) the Greenhouse Gas impact is unacceptable; 4) the proposed use, while permitted with a Conditional Use permit pursuant to the area’s zoning designation, is inappropriate because a) it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and b) the two (2) vulnerable receptors, a school and a low income housing project, are too close to the project location and make it an inappropriate use for the particular site; and
WHEREAS, at the conclusion of the public hearing and following discussion, the Planning Commission denied the Resolution for conditional approval of Conditional Use Permit (PLAN-CUP-24-0001) on the basis of the findings described in the recital above; and

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 485 of 552 WHEREAS, on February 25, 2025, the Applicant emailed the City Clerk to appeal the Planning Commission decision, consistent with the requirements outlined in UDC section 6.03.13; and
WHEREAS, on April 4, 2025, a notice of the public hearing before the City Council was published in the newspaper of record and notice to was mailed property owners and occupants within 500 feet of the Project boundaries; and WHEREAS, on April 16, 2025, the City Council of the City of Indio held a public hearing to deliberate the merits of the appeal. The City Council duly considered all public testimony as well as all materials in the staff report and accompanying documents for the Project including the appeal and corresponding materials submitted by the Applicant and others; and
WHEREAS, Planning Commission appeals are decided de novo; and WHEREAS, the City Council, came to a different conclusion than the Planning Commission. Based on the findings outlined below, the City Council grants the appeal, overturning the Planning Commission’s decision and conditionally approving the Applicant’s Conditional Use Permit.

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

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

SECTION 2. Environmental Findings. The City Council has independently reviewed the Initial Study with Mitigated Negative Declaration and in conjunction with the administrative record for the Proposed Project, including presentations by City staff and the Applicant, all materials submitted by the Applicant, all oral and written comments received during the public hearing, the staff report, and all attachments thereto, which are all incorporated herein by reference and are on file with the Community Development Department and City Clerk’s Office for the City of Indio. The City Council finds that:

A. The City of Indio, as Lead Agency, has reviewed the Maverik Fueling Station project pursuant to the California Environmental Quality Act (CEQA), the State Guidelines for Implementation of CEQA (State CEQA Guidelines) and the City of Indio CEQA Implementation Requirements, an Initial Study/Mitigated Negative Declaration (Case File No. PLAN-ER-24-0006) has been prepared for the Project. On April 16, 2025, the City Council approved Resolution No. 10480, adopting the Mitigated Negative Declaration and

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 486 of 552 accompanying Mitigation Monitoring and Reporting Program. Resolution No. 10480 is incorporated herein by reference as if set forth in full.

SECTION 3. Conditional Use Permit Findings. Pursuant to UDC Section

6.02.04, the City Council has reviewed and considered the application for a Conditional Use Permit PLAN-CUP-24-0001 and makes the following findings based on substantial evidence in the record:
a. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of the UDC and Municipal Code.

The Project site is zoned Heavy Industrial (IH), which permits fueling stations subject to a Conditional Use Permit (CUP). The convenience store and fueling station meet the additional design and operational standards outlined in UDC Section 4.05, including minimum setbacks, screening, and circulation improvements. b. The proposed use is consistent with the General Plan and any applicable Specific Plan.

The Project site is designated Workplace Employment District (WEP) under General Plan 2040, which allows for employment-generating commercial uses, including fueling stations and convenience retail. The Project aligns with the General Plan’s goals of supporting regional commercial services, employment opportunities, and corridor development along major roadways. The proposed Project complies with the Health and Equity element of the General Plan by providing a healthy neighborhood design that incorporates a sidewalk network that promotes pedestrian activity. c. The proposed use will not have adverse impacts to the public health, safety, or general welfare of the community, nor will it be detrimental to surrounding properties or improvements.

The Project has been reviewed by City departments and regulatory agencies to ensure compliance with public safety, environmental health, and traffic circulation standards.

The fueling station includes safety measures such as adequate setbacks, lighting, stormwater management, and financial assistance for traffic signal improvements. It complies with applicable California Fire Code and hazardous materials regulations. The fueling station is in a geographic area and district that has streets wider than other areas to accommodate vehicle traffic and trucks that are served in the community. d. The proposed use complies with any design or development standards applicable to the zoning district for the use in question unless waived or modified pursuant to the provisions of this Code.

The Project complies with all applicable UDC development standards, including setbacks, building height, parking, and landscaping requirements applicable to such

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 487 of 552 projects. The site plan integrates pedestrian walkways, drought-tolerant landscaping, and architectural enhancements to ensure compliance with the City's adopted design guidelines.
e. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.

The Project is located in an area characterized by industrial and commercial uses, including auto repair shops, industrial suites, and an existing gas station. The fueling station and convenience store are compatible with the surrounding land uses and will enhance regional commercial services along Golf Center Parkway and Avenue 45. f. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

The site is currently vacant and has adequate access to Golf Center Parkway and Avenue 45. The Project includes infrastructure improvements such as street widening, driveways, lighting, landscaping, and stormwater management to accommodate the proposed use.

SECTION 4. Based on the foregoing, the City Council hereby CONDITIONALLY APPROVES the Proposed Project Planning Review (Case File No. PLAN-CUP-24- 0001), subject to the following conditions of approval. The Applicant shall demonstrate compliance with ALL conditions of approval, listed in the Resolution. Failure to demonstrate compliance with these conditions of approval may result in the delay of the Proposed Use or the rescinding of the City of Indio’s project approval. Where the term “Applicant” is used in any condition of approval, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. It is the Applicant’s or Applicant’s successor in interest responsibility to fully comply with the conditions of approval unless subsequently modified in accordance with the City’s required processes and procedures.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 488 of 552 A. General Conditions of Approval for Conditional Use Permit PLAN- CUP-24-0001:

The Applicant shall demonstrate full compliance to the following conditions of approval.

The relevant City department or division or outside agency is noted in parentheses in the event that there are questions or additional information needed regarding a condition of approval. The Applicant shall adhere to and comply with each of these conditions, as set forth herein, as applicable and when necessary, and in no event later than the issuance of Certificate of Occupancy:

1. Where the term “Applicant” is used herein, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. (Planning Division)

2. The Conditional Use Permit PLAN-CUP-24-0001 approval granted by this Resolution shall be valid for twenty-four (24) months from the effective date of this Resolution’s adoption by the City Council; unless prior to the expiration of the two years, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which is the subject of the application, or a certificate of occupancy is issued; otherwise, this permit will automatically expire unless an extension of time has been granted as specified in Section 6.03.15 of the City of Unified Development Code.

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

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 489 of 552 This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described in this paragraph, the City shall have the right, among other remedies, to revoke the approvals for the Project without any liability to the Applicant. In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply and the Applicant shall cooperate fully with the City in the defense.

4. The Applicant shall ensure that the proposed uses comply with all applicable local, state, and federal guidelines and requirements.

5. The Applicant shall, within 15 days after approval of this Resolution, submit to the Community Development Director its written consent to all of the conditions of approval contained in this Resolution without amendment.

6. The Applicant shall not deviate from, expand in operation, or make modifications to the project beyond representation in the submitted CUP application without prior notification given to the Community Development Director and approval granted by the Planning Commission. (Planning Division) Violation of any of the above conditions or of any State, Federal or local statute, ordinance or regulation by the Applicant or his or her agent or employee may be cause for revocation of this Conditional Use Permit PLAN-CUP-24-0001 and all privileges of the Proposed Use.

7. The Applicant shall apply for and receive a business license from the City of Indio Finance Department.

8. The Applicant shall comply with the City’s noise ordinance/regulations for any outdoor amplified sound shall from the proposed project.

9. The operation, display, or storage of merchandise or auxiliary activities (including rental trailers or ice machines) shall be located within a structure, except for those activities directly required to dispense gasoline, oil, water, or air.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 490 of 552 SECTION 5.The City Council Secretary shall certify the passage, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 16th day of April 2025, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Glenn Miller, Mayor
ATTEST:
____________________________________
Sabdi Sanchez, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven Pacifico Graham, City Attorney

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 491 of 552

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 492 of 552 1 RESOLUTION NO. 10485

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

CERTIFYING THE FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) (PLAN-ER-24-0006) FOR THE MAVERIK FUELING STATION PROJECT CONSISTENT WITH SECTION 15074 OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) GUIDELINES AND ADOPTING THE MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE PROJECT LOCATED AT THE NORTHEAST CORNER OF GOLF CENTER PARKWAY AND AVENUE 45 (APN: 611-330-025); OVERTURNING THE PLANNING COMMISSION DECISION (PLAN-APP-25-0002)
WHEREAS, on March 13, 2024, Catherine Otis (“Applicant”), on behalf of Maverik, Inc., submitted an application for Planning Review (PLAN-PRD-24-0006), Conditional Use Permit (PLAN-CUP-24-0001), and Tentative Parcel Map (Case File No.

PLAN-TPM-24-0002) to allow for the development of a 5,951-square-foot convenience store, a 7,214-square-foot fuel canopy with 10 fuel pumps (20 fueling positions), and a four-lane diesel/commercial fueling area with four stations, along with associated site improvements on an 8.62-acre site, of which 3.37 acres will be developed (the “Project”); and
WHEREAS, the City of Indio, as the Lead Agency for the Project, caused the preparation of an Initial Study (IS) to analyze the potential environmental effects of the Project in accordance with CEQA and the CEQA Guidelines; and WHEREAS, based on the findings in the Initial Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment with the incorporation of mitigation measures. As a result, an Initial Study/ Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared, which are attached to this Resolution as Exhibit “A” and Exhibit “B”, respectively; and
WHEREAS, pursuant to CEQA Guidelines Section 15072, the IS/MND was circulated for public review from November 6, 2024, to December 5, 2024, allowing responsible agencies and the public an opportunity to review and provide comments prior to the Planning Commission hearing; and
WHEREAS, pursuant to Assembly Bill (AB) 52 and Public Resources Code Section 21080.3.1, the City of Indio initiated tribal consultation on November 4, 2024, with California Native American tribes that have requested notification of projects within the City's jurisdiction. The Agua Caliente Band of Cahuilla Indians participated in consultation and provided input regarding cultural resource protections. Mitigation measures were incorporated into the IS/MND to ensure potential impacts on tribal cultural resources remain less than significant; and

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 493 of 552 WHEREAS, the Project application was processed within the time period for review and in the manner prescribed by State and local law, including the California Environmental Quality Act (CEQA0 (Public Resources Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Reg. § 15000, et seq.); and WHEREAS, the Planning Commission independently reviewed and considered the IS/MND, Mitigation Monitoring and Reporting Program (MMRP), and all related documents; and
WHEREAS, on February 12, 2025, the Planning Commission held a duly noticed public hearing to consider the application for the Project, during which City staff and Applicant were permitted to present both written and oral evidence, including the staff report and supporting documents, and interested parties were permitted to give testimony or submit written comments in advance of the hearing all of which were considered and included in the Administrative Record; and WHEREAS, the Planning Commission made the following findings: 1) the traffic impacts and trip generation would exacerbate an existing circulation problem with congestion at the proposed project location; 2) there is an unacceptably large concentration of gas stations already located nearby; 3) the Greenhouse Gas impact is unacceptable; 4) the proposed use, while permitted with a Conditional Use permit pursuant to the area’s zoning designation, is inappropriate because a) it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and b) the two (2) vulnerable receptors, a school and a low income housing project, are too close to the project location and make it an inappropriate use for the particular site; and
WHEREAS, the Planning Commission voted against adopting Resolution No. 2106, therefore the CEQA documents (IS/MND and MMRP) were not approved; and WHEREAS, on February 25, 2025, the Applicant emailed the City Clerk to appeal the Planning Commission decision (PLAN-APP-25-0002), consistent with the requirements outlined in UDC section 6.03.13; and
WHEREAS, on April 4, 2025, a notice of the public hearing before the City Council was published in the newspaper of record and notice to was mailed property owners and occupants within 500 feet of the Project boundaries; and WHEREAS, on April 16, 2025, the City Council of the City of Indio held a public hearing to deliberate the merits of the appeal. The City Council duly considered all public testimony as well as all materials in the staff report and accompanying documents for the Project including the appeal and corresponding materials submitted by the Applicant and others; and

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 494 of 552 WHEREAS, The City Council duly considered all public testimony as well as all materials in the staff report and accompanying documents for the Project including the appeal and corresponding materials submitted by the Applicant; and WHEREAS, the City Council considered the administrative record as well as the information presented at the appeal hearing and came to a different conclusion than the Planning Commission. Based on the findings outlined below, the City Council grants the appeal, overturning the Planning Commission’s decision and certifying the Final Initial Study/Mitigated Negative Declaration and Adopting the Mitigation Monitoring and Reporting Program for the Project.

Now, Therefore, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

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

SECTION 2. Environmental Findings. The City Council has independently reviewed the Initial Study with Mitigated Negative Declaration and the administrative record for the Proposed Project, including all oral and written comments received during the public hearing, the staff report, and all attachments thereto, which are all incorporated herein by reference and are on file with the Community Development Department and City Clerk’s Office for the City of Indio, and the City Council finds that:

A. The City of Indio, as Lead Agency, prepared an Initial Study/Mitigated Negative Declaration (PLAN-ER-24-0006) in compliance with CEQA and the CEQA Guidelines.

B. The Initial Study adequately analyzes potential environmental impacts of the Project pursuant to CEQA, the State CEQA Guidelines, and the City of Indio Municipal Code, UDC and CEQA Implementation Requirements. The Mitigated Negative Declaration (PLAN-ER-24-0006) indicates potentially significant impacts of the Project in the categories of aesthetics, air quality, biological resources, cultural resources and tribal resources, geology and soils and transportation/traffic. The Mitigation Monitoring and Reporting Program (MMRP) ensures that all feasible mitigation measures are properly implemented. The IS/MND concludes that proper implementation of and compliance with the MMRP reduces the potential environmental impacts that it identifies less than significant.

C. The public review process was conducted in accordance with CEQA and the CEQA Guidelines (inclusive of Section 15072) as well as the Unified Development Code. All comments received during the public comment period were considered and are addressed in the attached Final IS/MND (Exhibit A).

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 495 of 552 D. No substantial evidence was presented that would require the preparation of an Environmental Impact Report (EIR) for the project.

E. The Mitigated Negative Declaration (PLAN-ER-24-0006) reflects the City of Indio’s independent judgment as Lead Agency.

SECTION 3. The City Council has also performed an independent review and analysis of the Mitigation Monitoring and Reporting Program and finds that the MMRP for the Project was prepared pursuant to the requirements of Public Resources Code Section 21081.6. The City Council finds that the MMRP is designed to ensure compliance with the mitigation measures during project implementation. Accordingly, the City Council hereby adopts the Mitigation Monitoring and Reporting Program for the Project attached as Exhibit “B” to this Resolution and incorporated herein by this reference. Applicant shall at all times adhere to the MMRP. Failure to demonstrate compliance may result in project delays or revocation of entitlements.

SECTION 4. The City Council designates the custodian of the documents for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and all other materials which constitute the record of proceedings upon which the City Council’s decision is based, to be the Community Development Department of the City of Indio.

SECTION 5.The City Council directs staff to prepare a Notice of Determination and file that Notice with the County Clerk in accordance with Section 15075(d) of the CEQA Guidelines.

SECTION 6.This approval is subject to the Conditions of Approval outlined in the associated Resolutions related to the Project, which remain applicable to the project. The Applicant shall demonstrate compliance with all conditions of approval as specified therein. Failure to demonstrate compliance may result in revocation of entitlements.

SECTION 7.The City Clerk shall certify the passage, approval, and adoption of this Resolution.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 496 of 552 PASSED, APPROVED, and ADOPTED this 16th day of April 2025, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Glenn Miller, Mayor
ATTEST:
____________________________________
Sabdi Sanchez, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven Pacifico Graham, City Attorney
Exhibit A – Initial Study/Mitigated Negative Declaration Exhibit B – Mitigation Monitoring & Reporting Program

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 497 of 552

RESOLUTION NO. 10486

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

CONDITIONALLY APPROVING THE PLANNING REVIEW FOR THE MAVERIK FUELING STATION FOR THE DEVELOPMENT OF A 5,951-SQUARE-FOOT CONVENIENCE STORE, 10 FUEL PUMPS UNDER A 7,214-SQUARE-FOOT

CANOPY, A FOUR-LANE DIESEL/COMMERCIAL FUELING AREA WITH FOUR

STATIONS, AND ASSOCIATED IMPROVEMENTS LOCATED AT THE NORTHEAST CORNER OF GOLF CENTER PARKWAY AND AVENUE 45 (APN: 611-330-025); AND OVERTURNING THE PLANNING COMMISSION DECISION (PLAN-APP-25- 0002).

WHEREAS, on March 13, 2024, Catherine Otis (“Applicant”), on behalf of Maverik, Inc., submitted an application for Planning Review (PLAN-PRD-24-0006), Conditional Use Permit (PLAN-CUP-24-0001), and Tentative Parcel Map (Case File No.

PLAN-TPM-24-0002) to allow for the development of a 5,951-square-foot convenience store, a 7,214-square-foot fuel canopy with 10 fuel pumps (20 fueling positions), and a four-lane diesel/commercial fueling area with four stations, along with associated site improvements on an 8.62-acre site, of which 3.37 acres will be developed (the “Project”); and
WHEREAS, the site has a zoning designation of Heavy Industrial (IH) and a General Plan 2040 land use designation of Workplace Employment District (WEP); and, WHEREAS, the Project is consistent with and intended to implement the vision of the Unified Development Code and the General Plan 2040 pertaining to land use patterns, building and site design, and public right-of-way improvements; and WHEREAS, the City of Indio Community Development Department and other internal and external review agencies conducted a technical analysis of the Project addressing compliance to relevant Chapters, Sections and standards and regulations of the Indio Municipal Code, Indio Zoning Code, adopted International Codes as well as other adopted standards and regulations and issued a staff report and recommendations dated February 12, 2025; and,
WHEREAS, a public hearing notice for the Planning Review (PLAN-PRD-24- 0006), Conditional Use Permit (PLAN-CUP-24-0001), and Tentative Parcel Map (PLAN- TPM-24-0002) was published in The Desert Sun on January 31, 2025, the City’s newspaper of record, and mailed to a certified list of property owners within a 500-foot radius of the subject property on January 30, 2025, in accordance with Public Resources Code Section 21092; and,
WHEREAS, on February 12, 2025, the Planning Commission held a duly noticed public hearing for the Project application, at which time public testimony and written comments were received, presentations by City staff and the Project Applicant, including staff report and supporting documents and evidence from all presenters was

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 498 of 552 included in the record, all of which the Planning Commission considered when making its decision; and,
WHEREAS, the Planning Commission made the following findings: 1) the traffic impacts and trip generation would exacerbate an existing circulation problem with congestion at the proposed project location; 2) there is an unacceptably large concentration of gas stations already located nearby; 3) the Greenhouse Gas impact is unacceptable; 4) the proposed use, while permitted with a Conditional Use permit pursuant to the area’s zoning designation, is inappropriate because a) it is located within a disadvantaged community in the City and this type of business would have a disproportionate impact on that community, in contravention of the Health and Equity element of the General Plan and b) the two (2) vulnerable receptors, a school and a low income housing project, are too close to the project location and make it an inappropriate use for the particular site; and
WHEREAS, at the conclusion of the public hearing and following discussion, the Planning Commission denied the proposed Resolution for the conditional approval of the Maverik Fueling Station Planning Review (Case No. PLAN-PRD-24-0006) as reflected in the meeting minutes for the February 12, 2025, Planning Commission meeting; and
WHEREAS, as lead agency the City of Indio arranged for the preparation of an Initial Study/Mitigated Negative Declaration (PLAN-ER-24-0006) (IS/MND) and the accompanying Mitigation Monitoring and Reporting Program (MMRP).

WHEREAS, the City Council approved Resolution No. 10480, finding the Final IS/MND consistent with the relevant state and local CEQA and land use standards. The Resolution also adopts as compulsory the accompanying Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, pursuant to CEQA Guidelines Section § 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration), comments received pertaining to the Initial Study/Mitigated Negative Declaration were considered as part of the Final IS/MND. Such comments were also added to the administrative record; and WHEREAS, on February 25, 2025, the City Clerk received notice that the Applicant wished to appeal of the decision of the Planning Commission. The notice was provided in a manner and time period consistent with applicable law (UDC section

6.03.13); and
WHEREAS, on April 4, 2025, a notice of the public hearing before the City Council was published in the newspaper of record and notice to was mailed property owners and occupants within 500 feet of the Project boundaries; and WHEREAS, on April 16, 2025, the City Council of the City of Indio held a public hearing to deliberate the merits of the appeal. The City Council duly considered,

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 499 of 552 presentations by City staff and the Applicant, testimony, and corresponding materials in the staff report and documents for submitted by the Applicant and others; and WHEREAS, Planning Commission appeals are decided de novo; and WHEREAS, the City Council found substantial support for their decision to grant the Applicant’s appeal, overturning the Planning Commission’s decision and adopting Resolution No. 10482, conditionally approving the Applicant’s Planning Review application on the basis of the findings outlined in detail below.

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

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

SECTION 2. Environmental Findings. The City Council has independently reviewed the Initial Study with Mitigated Negative Declaration and the administrative record for the Proposed Project, including all oral and written comments received during the public hearing, the staff report, and all attachments thereto, which are all incorporated herein by reference and are on file with the Community Development Department and and City Clerk’s Office for the City of Indio, and the City Council finds that:

A. The City of Indio, as Lead Agency, has reviewed the Maverik Fueling Station project pursuant to the California Environmental Quality Act (CEQA), the State Guidelines for Implementation of CEQA (State CEQA Guidelines) and the City of Indio CEQA Implementation Requirements, an Initial Study/Mitigated Negative Declaration (Case File No. PLAN-ER-24-0006) has been prepared for the Project. On April 16, 2025, the City Council approved Resolution No. 10480, adopting the Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. Resolution No. 10480 is incorporated herein by reference as if set forth in full.

SECTION 3. Planning Review Findings. Based upon the evidence presented at the hearing, including the staff report and written and verbal testimony, which are all incorporated herein by reference, the City Council hereby finds that:

A. General Plan Consistency
The Maverik Fueling Station Project is consistent with General Plan 2040 policies and the Indio Unified Development Code (UDC). The site is located within the Heavy Industrial (IH) zoning district, and the proposed fueling station and convenience store are conditionally permitted uses pursuant to UDC Section 2.04.02-1. The accompanying

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 500 of 552 Planning Review (PLAN-PRD-24-0006) is submitted concurrently with a Conditional Use Permit (PLAN-CUP-24-0001). The IH zoning district conditionally permits a neighborhood-serving retail store of 5,000 square feet or less in gross floor area, selling convenience goods, which may include alcoholic beverage sales, excluding drive- through service. It also allows for an establishment engaged in retailing automotive fuels or offering fueling services in combination with minor vehicle repair, automotive oil sales, replacement parts, and/or convenience retail. Convenience stores ("mini-marts") and associated fueling operations are also allowed as ancillary uses to the primary fueling station. The proposed Project meets the criteria and aligns with the goals and objectives of the General Plan 2040 by providing employment-generating uses, supporting regional travel needs, and ensuring compatibility with surrounding industrial land uses. The proposed Project complies with the Health and Equity element of the General Plan by providing a healthy neighborhood design that incorporates a sidewalk network that promotes pedestrian activity.

B. Standards Consistency
The Project complies with all applicable objective development standards, design standards, and/or design guidelines adopted by the City Council. The convenience store, fuel canopy, and associated site improvements are designed in compliance with Indio UDC standards and do not require variances. The Project meets all requirements under UDC Section 4.05 (Automotive Service and Repair/Fueling Stations), including fuel pump islands being located at least 20 feet from all property lines and the fuel canopy being set back a minimum of 10 feet. All auxiliary sales and services, such as ice machines, vending, and rental trailers, are enclosed within the primary structure.

Vehicular circulation is designed to ensure safety, minimize congestion, and provide separate fueling areas for passenger vehicles and commercial trucks.

C. Overall Function and Design
The Maverik Fueling Station is designed to efficiently serve both regional and local traffic. The convenience store, fuel canopy, and site layout provide an orderly and functional development that enhances the surrounding area. The architectural design, landscaping, and pedestrian pathways are consistent with City standards and ensure compatibility with adjacent existing and future commercial and industrial uses.

D. Site Design
The Project is designed to promote efficient circulation and ensure accessibility.

Vehicular access points are located along Golf Center Parkway and Avenue 45, ensuring safe ingress and egress for both passenger and commercial vehicles.

Pedestrian pathways connect the project to public sidewalks as required to provide access which is ADA-compliant. Trash enclosures and service areas are screened from public view, minimizing visual impacts. Landscaped buffers soften the edges of the development and enhance the pedestrian experience.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 501 of 552 E. Building Design
The convenience store and fuel canopy integrate durable materials and architectural features that reflect a modern and functional design. The storefront incorporates articulation, varied materials, and pedestrian-scale elements that reduce bulk and ensure compatibility with surrounding businesses, zones, and current and future development.

F. Streetscape
The Project enhances the public streetscape by incorporating street trees, decorative lighting, and pedestrian connections that improve the aesthetic and functional quality of the site.

G. Parking
The proposed parking areas comply with all objective standards in the UDC, providing adequate parking for employees and customers. The project includes EV-ready spaces in accordance with state and local regulations. The proposed plan also incorporates landscaped parking islands which reduce heat impacts and improve site aesthetics.

H. Screening and Fencing/Walls
The Project meets all screening and fencing requirements. A six-foot decorative block wall is provided along the property boundary to enhance security and screening. No chain-link fencing is proposed.

I. Lighting
The site lighting plan balances the dual goals of providing adequate illumination for safety and accessibility, while preventing glare onto adjacent properties. Full cut-off LED fixtures are proposed throughout the site to reduce light pollution and improve energy efficiency.

J. Landscaping
The landscape plan incorporates drought-tolerant and native plant species, ensuring water conservation and aesthetic enhancement. The plan complies with UDC requirements and the City’s Drought-Tolerant Landscaping Guidelines.

K. Consistency and Compatibility
The Project maintains internal consistency among architectural elements, signage, materials, fencing and landscaping, ensuring visual integration and compatibility with surrounding land uses.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 502 of 552 L. Public Art Component
The Maverik Fueling Station project is not subject to the City’s Public Art Program (UDC Section 3.06) and is therefore exempt from public art requirements.

SECTION 4. Based on the foregoing, the City Council hereby CONDITIONALLY APPROVES the Proposed Project Planning Review (PLAN-PRD-24-0006), subject to the following conditions of approval. The Applicant shall demonstrate compliance with ALL conditions of approval, listed in the Resolution. Failure to demonstrate compliance to these conditions of approval may result in the delay of the Proposed Use or the rescinding of the City of Indio’s project approval. Where the term “Applicant” is used in any condition of approval, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. It is the Applicant’s or Applicant’s successor in interest responsibility to fully comply with the conditions of approval unless subsequently modified in accordance with the City’s required processes and procedures.

A. General Conditions of Approval for Conditional Use Permit PLAN- CUP-24-0001:

The Applicant shall demonstrate full compliance to the following conditions of approval.

The relevant City department or division or outside agency is noted in parentheses in the event that there are questions or additional information needed regarding a condition of approval. The Applicant shall adhere to and comply with each of these conditions, as set forth herein, as applicable and when necessary, and in no event later than the issuance of Certificate of Occupancy:

1. Where the term “Applicant” is used herein, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. (Planning Division)

2. The Conditional Use Permit PLAN-CUP-24-0001 approval granted by Resolution No. 10483 shall be valid for twenty-four (24) months from the effective date of this Resolution; unless prior to the expiration of the two years, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which is the subject of the application, or a certificate of occupancy is issued; otherwise, this permit will automatically expire unless an extension of time has been granted as specified in City of Indio’s Unified Development Code, Section 6.03.15.

3. In the event of any legal challenge, claim, administrative proceeding, or litigation arising from or related to the approval, construction, or operation of the project, including but not limited to any concurrent legislative acts, approvals, agreements or environmental determinations (“Project Approvals and Operations”) the Applicant shall, at its own expense, defend the City, its elected and appointed officials, officers, employees, agents, volunteers and attorneys (“Indemnified Parties”) against such legal challenge, claim, administrative proceeding, or litigation. In addition, the Applicant shall reimburse the City for the City’s cost of defending any such legal

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 503 of 552 challenge, claim, administrative proceeding, or litigation, including, but not limited to, all attorney’s fees (including the City Attorney’s fees), legal costs, expert fees and costs, and all other expenses incurred by the City in connection with the legal challenge, claim, administrative proceeding, or litigation. The Applicant shall indemnify and hold harmless the Indemnified Parties from and against any and all liabilities, claims, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorney's fees and costs) arising from or in connection with the Project Approvals and Operations. This indemnification shall cover all claims, regardless of whether they arise from the negligence of the Indemnified Parties. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. The Applicant agrees to hold harmless the Indemnified Parties from any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Project Approvals and Operations.

This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described in this paragraph, the City shall have the right, among other remedies, to revoke the approvals for the Project without any liability to the Applicant. In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply and the Applicant shall cooperate fully with the City in the defense.

4. The Applicant shall ensure that the proposed uses comply with all applicable local, state, and federal guidelines and requirements.

5. The Applicant shall, within 15 days after approval of this Resolution, submit to the Community Development Director its written consent to all of the conditions of approval contained in this Resolution without amendment.

6. The Applicant shall not deviate from, expand in operation, or make modifications to the project beyond representation in the submitted CUP application without prior notification given to the Community Development Director and approval granted by the City Council. Violation of any of the above conditions or of any State, Federal or local statute, ordinance or regulation by the Applicant or his or her agent or employee may be cause for revocation of this Conditional Use Permit PLAN-CUP- 24-0001 and all privileges of the Proposed Use.

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7. The Applicant shall apply for and receive a business license from the City of Indio Finance Department.

8. The Applicant shall comply with the City’s noise ordinance/regulations for any outdoor amplified sound resulting from the Project.

9. The operation, display, or storage of merchandise or auxiliary activities (including rental trailers or ice machines) shall be located within a structure, except for those activities directly required to dispense gasoline, oil, water, or air.

B. General Conditions of Approval for Planning Review PLAN-PRD- 24-0006:

The Applicant shall demonstrate full compliance to the following conditions of approval.

The relevant City department or division or outside agency is noted in parentheses in the event that there are questions or additional information needed regarding a condition of approval. The Applicant shall adhere to and comply with each of these conditions, as set forth herein, as applicable and when necessary, and in no event later than the issuance of Certificate of Occupancy:

1. Where the term “Applicant” is used herein, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. (Planning Division)

2. The Planning Review (Case File No. PLAN-PRD-24-0006) approval granted by this Resolution shall be valid for twenty-four (24) months from the effective date of this Resolution; unless prior to the expiration of the two years, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is issued; otherwise, this Design Review approval will automatically expire unless an extension of time has been granted as specified in Section 6.03.10 of the Unified Development Code.

3. In the event of any legal challenge, claim, administrative proceeding, or litigation arising from or related to the approval, construction, or operation of the project, including but not limited to any concurrent legislative acts, approvals, agreements or environmental determinations (“Project Approvals and Operations”) the Applicant shall, at its own expense, defend the City, its elected and appointed officials, officers, employees, agents, volunteers and attorneys (“Indemnified Parties”) against such legal challenge, claim, administrative proceeding, or litigation. In addition, the Applicant shall reimburse the City for the City’s cost of defending any such legal challenge, claim, administrative proceeding, or litigation, including, but not limited to, all attorney’s fees (including the City Attorney’s fees), legal costs, expert fees and costs, and all other expenses incurred by the City in connection with the legal challenge, claim, administrative proceeding, or litigation. The Applicant shall indemnify and hold harmless the Indemnified Parties from and against any and all

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 505 of 552 liabilities, claims, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorney's fees and costs) arising from or in connection with the Project Approvals and Operations. This indemnification shall cover all claims, regardless of whether they arise from the negligence of the Indemnified Parties. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. The Applicant agrees to hold harmless the Indemnified Parties from any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Project Approvals and Operations.

This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described in this paragraph, the City shall have the right, among other remedies, to revoke the approvals for the Project without any liability to the Applicant. In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply and the Applicant shall cooperate fully with the City in the defense.

4. All Conditions of Approval shall be provided on a full-size sheet as part of the construction plan set. All notes and specifications as shown on the plans shall be considered Conditions of Approval. If there is a conflict between the approved plans and the Conditions of Approval, the Conditions of Approval shall prevail.

5. The Applicant warrants that all development shall occur substantially as shown on the site plan, floor plans, elevations, and landscape plans, and as modified herein and as on file with the Community Development Director as of April 16, 2025. (see Attached Staff Report).

6. The Applicant shall comply with all mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP) adopted under Resolution No. 10480.

Compliance shall be verified by the Community Development Department and responsible agencies prior to the issuance of any grading permit, building permit, or certificate of occupancy.

7. All signage shall comply with Unified Development Code Section 3.05.

8. Trash/recycling Trash and recycling enclosures shall be designed in accordance with Section 3.02.08 of the UDC and shall be constructed of decorative block or

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 506 of 552 concrete, with solid metal gates painted to match. Gates shall be post-mounted for durability.

9. The applicant shall comply with the landscaping requirements outlined in Section

3.02.09 of the Unified Development Code and the state-mandated water efficiency ordinance, WELO (Gov. Code § 65595).

10. To reduce ambient surface temperatures in parking areas, the Applicant shall comply with Section 3.03.08(L) of the Indio Unified Development Code. The Applicant shall demonstrate compliance through the final landscape and site plan, which shall include the following measures:
a. Shading or Light-Colored Materials:
i. At least 50% of parking areas not landscaped shall be shaded, covered with light-colored materials that have a Solar Reflectance Index (SRI) of at least 29, or a combination of both.
b. Shade Mechanisms:
i. Shade shall be provided exclusively by drought-tolerant trees well- suited to desert climates, chosen for their broad canopies or dense foliage to maximize coverage.
ii. The following tree species, rated highly for compatibility with desert climates, are recommended;

1. Acacia Aneura (Mulga Acacia)

2. Parkinsonia microphylla (Foothill Palo Verde

3. Prosopis pubescens (Screwbean Mesquite)

4. Vachellia rigidula (Blackbrush Acacia)

5. Quercus turbinella (Desert Scrub Oak)

6. Sophora secundiflora (Texas Mountain Laurel)
iii. The required shading coverage must be achieved within 15 years of planting.
c. Verification:
i. The final landscape and site plan shall indicate the method(s) used to meet the shading or SRI requirements and the expected shade coverage timeline (if using trees).
ii. The plan shall be reviewed and approved by the Planning Division through the submission of the Final Landscape Plan.

11. The Applicant shall install six (6) large non-fruiting palm trees along the west-facing Golf Center Parkway frontage and six (6) non-fruiting palm trees along the south-

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 507 of 552 facing Avenue 45 frontage, evenly spaced to create a balanced landscape focal point.

All palms shall be a minimum of 20 feet in height at planting and be a minimum 36- inch box size. Palms shall be illuminated with uplighting to enhance visual appeal while ensuring compliance with the UDC Section 3.02.11 regarding outdoor lighting standards. The final landscape and lighting plan, specifying an appropriate non- fruiting palm species, shall be reviewed and approved by the Community Development Director prior to the issuance of a landscape permit.

12. All parking lot landscaping shall be maintained in perpetuity, with all maintenance to include, but be limited to, irrigation corrections, fertilization, and pruning and staking.

All maintenance shall be performed with the overall goal of providing maximum plant health with minimum damage to hardscape, vehicles and persons. Pursuant to Section 3.02.09.J of the Unified Development Code, all significantly injured, decayed or dead trees and other plant material must be replaced within thirty (30) calendar days.

13. The applicant shall ensure the project complies with the latest adopted edition of the following codes as applicable:
a. California Building Code
b. California Residential Code
c. California Electrical Code
d. California Mechanical Code
e. California Plumbing Code
f. California Energy Code
g. California Fire Code
h. California Green Building Standards Code

14. Automatic fire suppression systems shall be installed in all new constructions per Indio Municipal Code Chapter 93. The design and type of fire suppression system(s) to be utilized shall be based upon the requirements of the Building Code, Fire Code and the requirements of the Riverside County Fire Department.

15. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if dust and/or pollutants are discharged into the atmosphere.

16. Any temporary building, trailer, commercial coach, or similar which is installed and/or used in connection with any phase of construction of the Project shall comply with applicable Indio Municipal Code and Unified Development Code provisions.

17. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line; and shall be

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 508 of 552 constructed within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case-by- case basis under specific extenuating circumstances.

18. The location and/or relocation of all lot lines, easement lines, etc. shall be accomplished without rendering any existing structure non-conforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

19. The Tract or Parcel map shall be recorded prior to the issuance of any permits.

20. All signs shall be Underwriters Laboratories (UL) approved, or equal.

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

22. If the property is on an existing private sewage system, then it may have to be modified as required to accommodate the new use by the proposed Project. Plans and/or supporting data regarding the new use and necessary modifications shall be submitted to and approved by the Building & Safety Department. Additionally, the new use must obtain prior approval from the Regional Water Quality Control Board, Colorado Region.

23. Please verify if the site, or a portion of the site, is located in a flood hazard area.

Justification that the proposed development does not adversely affect the location or carrying capacity of the floodway, nor does it adversely affect upstream or downstream sites that shall be provided to Building & Safety. Additionally, all development shall comply with Chapter 153: FLOODPLAIN MANAGEMENT of the Code of the City of Indio and all requisite provisions must be taken to protect the site from flood damage.

24. All exterior lighting shall be oriented, directed, and shielded to prevent illumination onto adjoining properties, in compliance with UDC Section 3.02.11.

25. The Applicant shall prepare and submit on-site and off-site water improvement plans to the Indio Water Authority (IWA) for review and approval. All water infrastructure improvements shall comply with IWA design standards and specifications. The approved plans must be implemented prior to the issuance of a Certificate of Occupancy. The IWA shall verify compliance before service activation.

26. Each building unit shall be equipped with an individual domestic water meter and backflow prevention assembly, in accordance with Indio Water Authority (IWA) standards.

27. The Applicant shall install a separate water meter with a backflow prevention assembly for landscape irrigation, in compliance with Indio Water Authority (IWA) standards.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 509 of 552

28. The Applicant shall install all new meter boxes shall be polymer with a 2" radio read port per IWA standards.

29. The Applicant shall coordinate fire service requirements with the Indio Fire Department to ensure compliance with applicable fire codes and regulations.

30. The Applicant shall provide hydraulic calculations demonstrating that the domestic water system and fire service infrastructure meet Indio Water Authority (IWA) standards and the fire flow requirements of the Indio Fire Department.

31. The Applicant shall install an Advanced Meter Infrastructure (AMI) pole as required by the Indio Water Authority (IWA).

32. The Applicant shall pay all applicable fees and submit all required forms and agreements in accordance with IWA procedural guidelines for development.

33. The Applicant’s engineer shall coordinate with Valley Sanitary District (VSD) staff to discuss proposed sewer main installation, connections, and all applicable requirements prior to finalizing the sewer system design.

34. The Applicant/Owner shall be responsible for the ownership, maintenance, and repair of the sewer main lateral and its connection to the Valley Sanitary District (VSD) sewer main, as it is considered a private system. The Applicant shall ensure that all sewer infrastructure is installed in compliance with VSD standards, and the final sewer system design shall be reviewed and approved by VS. Ongoing maintenance and repair of the sewer main lateral shall remain the responsibility of the property owner(s).

35. The Applicant shall be responsible for ensuring that the Project as proposed complies with all standards and requirements of the Valley Sanitary District (VSD).

The Project shall also comply with any applicable local, state, and federal regulations related to sewer infrastructure and wastewater management.

36. Improvements in the public right-of-way shall require bonding by the Owner/Developer and installation by a licensed underground contractor, as approved by the City of Indio Public Works Department.

37. The Project shall comply with all the State of California mandated pre-treatment regulations, as enforced by the Valley Sanitary District (VSD) and any other applicable regulatory agencies.

38. The project shall comply with all local effluent requirements established under Valley Sanitary District (VSD) Resolution 2008-998, local discharge limits, and the Valley Sanitary District Sewer Use and Construction Ordinance 2010-118.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 510 of 552

39. Imperial Irrigation District (IID) will not begin any studies, engineering or estimate costs to provide electrical service to the development project until the applicant submits a customer project application (available at
http://www.iid.com/home/showdocument?id=12923 and detailed loading information, panel sizes, project schedule and estimated in service date. Applicant shall bear all costs associated with providing electrical service to the project, including but not limited to the construction of a substation, transmission and distribution line extensions, distribution getaways, feeders and overhead and/or underground backbones, line relocations and the re-configuration of distribution lines and related upgrades as well as applicable permits, zoning changes, landscaping (if required by the City) and rights-of-way and easements.

40. IID has determined that the Project's power requirements can be accommodated by extending the distribution backbone (conduit and cable) from pad-mount switches UN1079005 and 1079001, including a conduit system at the project frontage to connect with the overhead line north of the site in a closed-loop configuration. IID's ability to provide service is based on currently available capacity, which may be impacted by future development in the area. A detailed final study shall be conducted once the Applicant submits a customer project application and loading calculations, which will determine any necessary system modifications or mitigation measures. Service conditions may be subject to change based on the results of IID’s final assessment.

41. The Underground infrastructure that includes trenching, conduits, pull boxes, switch boxes and pads should be installed following IID approved plans. Physical field installation of underground infrastructures should be verified and approved by an IID inspector prior to cable installation as per IID Developer's Guide (available at the district website https://www.iid.com/home/showdocument?id=14229).

42. Line extensions to serve the project shall be made in accordance with IID Regulations:
a. No.2
b. No. 13
c. No. 15
d. No. 20
e. No. 23

43. For additional information regarding electrical service for the project, the Applicant should be advised to contact the 11D Energy - La Quinta Division Customer Operations, 81-600 Avenue 58 La Quinta, CA 92253, at (760) 398-5841 and speak with the project development planner assigned to the area.

44. It is important to note that IID's policy is to extend its electrical facilities only to those developments that have obtained the approval of a city or county planning commission and such other governmental authority or decision-making body having jurisdiction over said developments.

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 511 of 552

45. The Applicant will be required to provide rights of ways and easements for any proposed power line extensions and/or any other infrastructure needed to serve the project as well as the necessary access to allow for continued operation and maintenance of any IID facilities located on adjoining properties.

46. Any construction or operation on IID property or within its existing and proposed right of way or easements including but not limited to surface improvements such as proposed new streets, driveways, parking lots, landscape; and all water, sewer, storm water, or any other above ground or underground utilities will require an encroachment permit, or encroachment agreement (depending on the circumstances). A copy of the IID encroachment permit application and instructions for its completion are available at https://www.iid.com/about- iid/departmentdirectory/real-estate. The IID Real Estate Section should be contacted at (760) 339-9239 for additional information regarding encroachment permits or agreements.

47. Relocation of existing IID facilities to accommodate the Project and/or any associated street widening improvements imposed by the City will be deemed project-driven and all costs, as well as securing of rights of way and easements for relocated facilities, shall be borne by the Applicant.

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

49. Any new, relocated, modified or reconstructed IID facilities required for and the Project (which can include but is not limited to electrical utility substations, electrical transmission and/or distribution lines, ancillary facilities associated with the conveyance of energy service; the acquisition and dedication of real property, rights of way and/or easements for the siting and construction of electrical utility substations, electrical transmission and/or distribution lines and ancillary facilities associated with the conveyance of energy service, etc.) must be included as part of the Project's California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA) documentation, environmental impact analysis and mitigation. Failure to do so will result in postponement of any construction and/or modification of IID facilities until such time as the environmental documentation is amended and environmental impacts are fully mitigated. Any mitigation necessary as a result of the construction, relocation and/or upgrade of IID facilities is the responsibility of the project proponent.

50. Dividing a project into two or more pieces and evaluating each piece in a separate environmental document (Piecemealing or Segmenting), rather than evaluating the whole of the project in one environmental document, is explicitly forbidden by

Consideration of an Appeal of the February 12, 2025, Planning Commission... Page 512 of 552 CEQA, because dividing a project into a number of pieces would allow a Lead Agency to minimize the apparent environmental impacts of a project by evaluating individual pieces separately, each of which may have a less-than-significant impact on the environment, but which together may result in a significant impact.

Segmenting a project may also hinder developing comprehensive mitigation strategies. In general, if an activity or facility is necessary for the operation of a project, or necessary to achieve the project objectives, or a reasonably foreseeable consequence of approving the project, then it should be considered an integral project component that should be analyzed within the environmental analysis. The project description should include all project components, including those that will have to be approved by responsible agencies. The State CEQA Guidelines define a project under CEQA as "the whole of the action" that may result either directly or indirectly in physical changes to the environment. This broad definition is intended to provide the maximum protection of the environment. CEQA case law has established general principles on project segmentation for different project types.

For a project requiring the construction of offsite infrastructure, the offsite infrastructure must be included in the project description. San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App. 4th 713.

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

B. Prior to Final Map Approval:

52. The applicant shall submit a copy of the Final Parcel Map to Coachella Valley Water District (CVWD) for their review and shall obtain a clearance letter from CVWD prior to recording the Final Parcel Map.

53. Tentative parcel map shall be submitted along with the following items:
a. Soils Report
b. Title Report
c. Preliminary Grading Plan (Topo/Contour Map)
d. Hydrology Report

54. Applicant shall submit the following items for approval by the City:
a. Final parcel map
b. Title report (updated within at least 60 days)
c. Final map closure calculations
d. AutoCAD & GIS Shapefile for Final Parcel Map