Agenda — Indio City Council, May 20, 2026 (part 6 of 7)

Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 596 of 831 d. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties.

The proposed sign package prohibits animated lights or other moving sign components. All proposed channel letter will be aluminum face and back-lit illuminated and are permitted under the Highway 111 Corridor Specific Plan. This standard is consistent with the intent of Section 3.11 to minimize light and glare and prevent adverse impacts to surrounding right-of-way and properties. e. Directory signs are small wall signs located at pedestrian eye level and intended to identify multiple tenants within a building or complex.

The applicant is not proposing any directory signs as part of this submittal sign package. However any future signs not explicitly regulated by this sign package will be reviewed following the standards of the Highway 111 Corridor Specific Plan Section 3.11. f. Internal illuminated “Cabinet Signs” and/or “channel letters” shall be prohibited for all signage.

Signage will be externally illuminated, and channel letter will comply with the standards of this section, provided that the letter are either back-lit or externally illuminated.

Pursuant to Section 3.12 (Parking) of the Specific Plan specifies standards for surface parking and structured parking including the number of parking spaces and parking design standards. Table

3.12-1 specifies the minimum parking requirements for retail, office, residential and restaurant uses.

The project is proposed to have approximately 10,900 square feet of commercial retail uses that would require a minimum of 29 parking spaces at a ratio of 2 spaces for every 1,000 square feet of retail. The project proposes to have 86 stalls which meets and exceeds the minimum requirements.

Table E – Parking Provided
Lot Proposed Use Parking Stalls
3 Retail 31
4 Restaurant w/Drive-through 26
7 General Market & L3 EV Charging 29
Total Parking Provided 86
Pursuant to Section 3.13 (Site Design) specifies standards for the design and location of various site design elements for the purpose of the health, safety, and general welfare of the immediate occupants of each building, and for the neighborhood. This section addresses utility access and equipment, mechanical and electrical equipment, telecommunication devices, wet utilities, service entrances and waste disposal areas, fence and wall heights, entrance arbors, lighting, landscaping, stormwater and open space. The applicant has submitted a landscape plan with their submittal packet and a condition of approval requiring evidence on the final landscape plan submitted for administrative review and approval will be required. Additionally, the project will be conditioned that meters and similar equipment shall be located in underground vaults or in utility rooms/closets within buildings, were possible and that if such locations are infeasible, these services shall be located in inconspicuous locations along the sides of project sites and shall be thoroughly screened from public view. Furthermore, the project will be conditioned to provide and meet the requirements of this Section.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 597 of 831 Pursuant to Section 3.14 (Limited Uses in the MU-C Zone) specifies standards for Limited land uses within the boundaries of the Specific Plan. Section 3.14.2.a-i address applicability of the standards in this Section including but not limited to applying only to properties in the Mixed Use Corridor zone, limited land uses consisting of freestanding single-use (pad) commercial buildings with and without drive-through service facilities, office/light industrial buildings, adaptive re-use of existing commercial/industrial buildings and parking lots that occupy greater percentages of one or more street frontages than prescribed by the standards of Sections 3.8 and 3.12. This provision allows for the development of freestanding single-story commercial buildings in the Mixed-Use Corridor (MUC) zone to support interim economic reinvestment, even if such development does not meet all MUC form-based standards, including minimum building height or complete frontage buildout. The proposed development activates a long partially vacant parcel, introduces new commercial activity, enhances the corridor’s visual character through landscaping and pedestrian-scale design features, and aligns with the Specific Plan’s intent to encourage short-term reinvestment while preserving long-term planning goals.

According to Table 3.14-1, Subarea 8 permits up to two (2) Limited Land Use approvals. Based on current records, no other LLU approvals have been issued within Subarea 8, and this project would represent one (1) of the two allowed. The project meets the physical and design criteria for a Limited Land Use and is being processed through Planning Review consistent with the Specific Plan’s procedures and the approved Master Planned Development Permit.

Conditional Use Permit Findings:

Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) of the Specific Plan specifies that this Chapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC). Table 3.5-1 (Allowed Uses) specifies that all drive-through restaurant land uses are subject to the issuance of a conditional use permit approval and that the issuance of this approval shall ultimately be by the City Council following review and issuance of a recommendation by the Planning Commission. Pursuant to Indio UDC Section 6.04.04, the Planning Commission must make the following findings in order to approve or conditionally approve PLAN-CUP-25-0006 for the Madison Pointe Phase 1 project. The inability to make one or more of these findings is grounds for denial of the application.

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

The project site is zoned Mixed-Use Corridor (MU-C) and Neighborhood General (NG) under the Highway 111 Corridor Specific Plan. General retail, restaurants, and convenience markets are permitted uses under both zones. Limited land uses such as drive-through restaurants require a Conditional Use Permit and approved by the City Council (PLAN-CUP-25-0006). All other applicable provisions, including parking, signage, and building code requirements, have been addressed through this discretionary review and are subject to conditions of approval.

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

The project is consistent with the City of Indio General Plan 2040 designations of Mixed Use Neighborhood (MUN) and Connected Neighborhood High (CNH), as well as the Highway 111 Corridor Specific Plan. Although drive-throughs are not part of the Highway 111 Corridor Specific Plan’s vision to create a pedestrian-friendly, mixed-use environment, they are permitted as Limited land uses within Subarea 8 with approval of a CUP by the City Council. The proposed uses support the intent of the Highway 111 Corridor by transforming into a lively mixed-use area with retail, commercial, and pedestrian-oriented corridors. The project promotes goals LU-1 and LU-4 of the

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 598 of 831 General Plan, which call for a defined citywide urban structure and high-quality building designs.

The project also complies with the Illustrative Site Plan approved through the Master Planned Development (MPD) Permit.

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

The site is located in an established urban area with adequate vehicle, pedestrian, emergency access, and utility services. The proposed subdivision and development meet all health and safety standards, including stormwater retention, landscaping, and infrastructure improvements. The project is not located near sensitive habitat or geologic constraints. All improvements are designed to protect public health and safety, and the project is not expected to cause harm to surrounding properties or the community.

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

While the project includes variations such as single-story buildings below the MU-C minimum height requirement, these can be approved under the Limited Land Use provisions (Section 3.14) to facilitate near-term economic revitalization. The project complies with development standards for floor area ratio, building height (within the exceptions), parking, building placement, signage, and site design. Certain minor deviations, such as front setback distances for some pads, are approved pursuant to CUP and Limited Land Use provisions.

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

The project is located in a mixed-use corridor with adjacent vacant, residential, commercial, and agricultural uses, all consistent with the General Plan and Specific Plan land use designations. The development’s scale, building heights, and uses are compatible with the existing surrounding neighborhoods and support planned future mixed-use growth. The project maintains compatibility by incorporating pedestrian amenities, landscaping, and appropriate building articulation, and by including access roads that connect to the surrounding street network without disrupting existing uses or community character.

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

The site consists of four vacant parcels totaling approximately 20.20 acres, with no significant topographic or geologic constraints. Access is available via existing and proposed driveways from Highway 111 and Madison Street, with a planned signalized intersection to improve circulation. The site can be served by existing utilities (water, sewer, stormwater) as confirmed by city departments.

The proposed densities and building sizes are within the allowable floor area ratios and height requirements (with conditional use permit exceptions). Stormwater management and landscape plans are in place to support the development sustainably.

Conclusion:

Based on the foregoing staff findings, staff conclude that the Madison Pointe Phase 1 Project meets; with the application of conditions of approval, the standards and requirements for the Plan Review

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 599 of 831 Discretionary (PLAN-PRD-25-0018), Conditional Use Permit (PLAN-CUP-25-0006) allowing one limited land uses to allow a drive-through restaurant and Tentative Tract Map No. 34804 (PLANTTM-25-0004) pursuant to applicable provisions of the adopted Highway 111 Corridor Specific Plan and approved Master Planned Development Permit.

ENVIRONMENTAL ASSESSMENT:

The City of Indio, as Lead Agency, has reviewed the Project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a Project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a Project is exempt from CEQA. It can be seen with certainty that the Project is consistent with the applicable General Plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations.

The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The site can be adequately served by all required utilities and public services. The Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-fill Development) and Section 15183 (Projects consistent with a community plan or zoning). Further, there is no substantial evidence indicating that any of the exceptions set forth in CEQA Guidelines Section 15300.2 apply to the Project.

ATTACHMENTS:

Resolution No. 10563 - PRD
Resolution No. 10564 - CUP
Resolution No. 10565 - TPM
Attachment 4 - PC Signed Reso 2129
Attachment 5 - PC Signed Reso 2130
Attachment 6 - PC Signed Reso 2131
Attachment 7 - Vicinity Map
Attachment 8 - Madison Pointe Phase I - Project Plans -Version II Attachment 9 - Madison Pointe Tenant Sign Program
Attachment 10 - CEQA Justification Letters
APPROVAL(S):

Brian Halvorson, Dir. Of Community Development Approved - 12 May 2026 Ruby D. Walla, Director of Finance Approved - 12 May 2026 Steven Graham Pacifico, City Attorney Approved - 14 May 2026 Bryan H. Montgomery, City Manager Approved - 14 May 2026

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 600 of 831 RESOLUTION NO. 10563
RESOLUTION NO. 10563 OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, APPROVING THE PLANNING REVIEW DISCRETIONARY APPLICATION FOR THE MADISON POINTE PHASE 1 PROJECT (CASE FILE NO. PLAN-PRD-25-0018) CONSISTING OF A DRIVE-THROUGH RESTAURANT,

MULTI-TENANT RETAIL BUILDING, AND MARKETPLACE WITH EV CHARGING

STATIONS, INCLUDING CIRCULATION, PARKING, LANDSCAPING, AND SIGN PROGRAM AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND MADISON STREET (APN’S: 600-240-005, -016, -020, AND -021), AND DETERMINING

THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO SECTION 15332 (CLASS 32 – IN-FILL DEVELOPMENT) AND SECTION 15183 (PROJECTS CONSISTENT WITH A COMMUNITY PLAN OR

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

WHEREAS, on September 21, 2022, the City Council conducted a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan, reviewed the staff report, accepted and considered public testimony and approved Resolution No. 10326 adopting the Highway 111 Corridor Specific plan and repealing the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan-300 (MUSP-300); and, WHEREAS, on September 21, 2022, the City Council approved Resolution No. 10325 making a finding of consistency with the Program Final environmental Impact Report (PFEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the adoption of the Highway 111 Corridor Specific Plan; and, WHEREAS, Schmid Desert Investments (“Applicant”), LLC, 17332 Irvine Boulevard, Suite 250, Tustin, CA 92780 submitted an initial application on November 21, 2021 for Specific Plan approval for four (4) parcels identified as Assessor's Parcel Numbers (APN's) 600-240-005, 600-240-016, 600-240-020 and 600-240-021 located at the southwest corner of the intersection of Madison Street and Highway 111 within the municipal limits of the City of Indio; and,
WHEREAS, Schmid Desert Investments, LLC., subsequently determined to not proceed with the processing of a Specific Plan for the subject properties and chose to be considered under the provisions of the Highway 111 Corridor Specific Plan; and, WHEREAS, the Applicant in the submitted application materials contends that the Madison Pointe Mixed Use Project is intended to implement the vision of the Highway 111 Corridor Specific Plan and the General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right-of-way improvements; and,
WHEREAS, Schmid Desert Investments, LLC., requested a Master Planned Development Permit (MPD) approval pursuant to the provisions of the adopted Highway

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 601 of 831 111 Corridor Specific Plan for a mixed-use project comprised of up to 400 senior housing apartment units, a 130-key hotel, 30,000 square feet of medical / office space, and 15,500 square feet of commercial retail uses along with open space, recreational, and outdoor gathering spaces as unifying project design features and pedestrian access and integration between the planned on-site uses and between the project site and adjacent properties and adjacent public rights-of-way; and, WHEREAS, on November 21, 2022, the Planning Commission approved the request for a Master Planned Development Permit for the Madison Pointe Mixed-Use Project located southwest of the intersection of Madison Street and Highway 111 pursuant to the Highway 111 Corridor Specific Plan adopted on September 21, 2022 and finding that the project is exempt from further environmental pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, on June 19, 2025, the Applicant’s Representatives, Jim Fitzpatrick and MSA Consulting, Inc on behalf of Schmid Desert Investments, LLC., submitted an application for the development four (4) buildings on 4.8-acres for the Madison Pointe Phase 1 project, which will serve as the first implementing project for the Master Planned Development Permit (“Project”); and
WHEREAS, on February 25, 2026, following the public hearing and Planning Commission deliberation, the “Project” was continued to the Planning Commission of March 25, 2026, for the review of the revised project design that excludes a car wash; and
WHEREAS, On March 25, 2026, staff requested that the Planning Commission continue the Project to a regular scheduled Planning Commission meeting date of April 8, 2026, at 6:00pm, to allow various Departments to complete the review of the revised project consisting of the development of three (3) buildings on 3.71-acres for the Madison Pointe Phase 1 project; and
WHEREAS, the Project site is located on the southwest corner of Highway 111 and Madison Street in the City of Indio, Riverside County, California (APN’s: 600-240- 005, -016, -020, and -021) (“Property”); and
WHEREAS, the Project site is designated Mixed Use Neighborhood and Connected Neighborhood High in the General Plan 2040, has a zoning designation of Mixed-Use Corridor (MUN) and Neighborhood General (NG) under the Highway 111 Corridor Specific Plan; and
WHEREAS, the Project is consistent with and intended to implement the vision of the Highway 111 Corridor Specific Plan and the City of Indio General Plan 2040 pertaining to land use patterns, densities, building and site design, and neighborhood compatibility; and

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 602 of 831 WHEREAS, Section§ 15168 (c)(2) specifies that if the agency finds that pursuant to Section§ 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental documentation would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making the determination include, but are not limited to, consistency of the later activity with the type of allowable land use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the Program EIR (PFEIR); and,
WHEREAS, Section§ 15162 specify the following: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (8) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative; and,
WHEREAS, Section § 15162 (b) specifies that if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation; and,

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 603 of 831 WHEREAS, Section §15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) states that additional environmental review is not required for projects "which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified", except as might be necessary to determine whether there are project-specific significant effects; and, WHEREAS, environmental review for the Project was conducted pursuant to the California Environmental Quality Act (CEQA). The City of Indio, acting as Lead Agency, determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15332 (Class 32 – In-Fill Development) and Section 15183 (Projects consistent with a community plan or zoning), as it meets all conditions of the exemption; and
WHEREAS, in accordance with Government Code Section 65090, on February 13, 2026, City staff published a legal notice of public hearing in The Desert Sun, the newspaper of record, and mailed notices of public hearing on February 10, 2026, to all property owners within 500 feet of the boundaries of the proposed Project; and WHEREAS, On February 25, 2026, following the public hearing the “Project” was continued to a date and time certain of March 25, 2026, at 6:00 PM; and WHEREAS, On March 25, 2026, the Planning Commission continued the “Project” to a date and time certain of April 8, 2026, at 6:00 PM; and WHEREAS, on April 8, 2026, the Planning Commission held a duly noticed public hearing to consider the Planning Review Discretionary application (Case File No.

PLAN-PRD-25-0018), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and WHEREAS, on April 8, 2026, the Planning Commission recommended approval of the “Project” including Planning Review, Conditional Use Permit and Tentative Tract Map; and
WHEREAS, in accordance with Government Code Section 65090, on May 1, 2026, City staff published a legal notice of public hearing in The Desert Sun, the newspaper of record, and mailed notices of public hearing on April 27, 2026, to all property owners within 500 feet of the boundaries of the proposed Project; and WHEREAS, the City Council held a duly noticed public hearing to consider the Planning Review Discretionary application (Case File No. PLAN-PRD-25-0018), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and
WHEREAS, the City Council has considered the staff report, project plans, CEQA justification letters, and all evidence presented at the public hearing, and finds

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 604 of 831 that the Conditional Use Permit application is consistent with the General Plan, Highway 111 Corridor Specific Plan, the Unified Development Code, and applicable provisions of the Subdivision Map Act.

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

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

SECTION 2. Environmental Evaluation. Section 6.03.06 of the Unified Development Code states that all “projects” as defined by the California Environmental Quality Act (CEQA) shall be reviewed for compliance with, or exemption from, CEQA and its Guidelines. Environmental review for the proposed project was conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). The City of Indio, acting as Lead Agency, determined that the proposed Project is consistent with the applicable General Plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The site can be adequately served by all required utilities and public services. The Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-fill Development) and Section 15183 (Projects consistent with a community plan or zoning). Accordingly, no further environmental documentation is required.

SECTION 3. Planning Review Findings. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines the project complies with the necessary findings as required by the Highway 111 Corridor Specific Plan and the Master Planned Development Permit for Planning Case File No.

PLAN-PRD-24-0018 as follows:

Pursuant to Indio Municipal Code Section 6.04.03, Planning Review, and subject to state law, the City Council must make the following findings for design review approval:

I. General Plan Consistency. Consistency with General Plan policies and any applicable specific plan, project master plan or development agreement.

The Project site is located in the Neighborhoods major class within the General Plan.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 605 of 831 The Neighborhoods major class has seven subcategories. These subcategories are:

Desert Estates (DE), Desert Estates Transition (DET), Suburban Neighborhood Low (SNL), Suburban Neighborhood High (SNH), Connected Neighborhood Low (CNL), Connected Neighborhood High (CNH), and Mixed Use Neighborhood (MUN) (Table 3-2:

General Plan Types, City of Indio GPU 2040). The project site is located in the (CNH) and (MUN) subcategory.

The Mixed Use Neighborhood (MUN) land use designation provides moderate-to-higher intensity neighborhood development that features a variety of multifamily housing choices and commercial uses along major streets. Primary uses in the MUN subcategory consist of but are not limited to single-family and multi-family residential uses, parks and recreation, mixed use (retail/office, retail/residential, office/residential, and neighborhood-serving retail), general commercial, services, entertainment, live/work, and office.

The Connected Neighborhood High (CNH) land use provides a range of moderateintensity housing choices within a walkable neighborhood setting within a short distance of goods and services. Housing types include small-lot single family detached and attached dwellings of various sizes, courtyard apartments and condos, and mediumsized multifamily buildings designs for neighborhood compatibility. Primary uses in the CNH subcategory consist of but are not limited to single-family and multi-family residential, including duplex, triplex, quadplex, rowhouses, townhouses, courtyard and small-scale multifamily buildings, and parks and recreation. Secondary uses consist of retail, care, public facilities, guest houses, places of worship, school, family day care homes, and others which are determined to be compatible with and oriented towards serving the needs of neighborhoods and may also be allowed. These uses should be focused along mixed-use corridors or at the edges of center.

The Madison Pointe Phase 1 project will construct three buildings consisting of a Starbucks with drive-through, a marketplace (convenience store) building with an L3 Energy Ultra-Fast Charging Station with commercial battery storage and a multi-tenant retail building. The Project as proposed would be permitted within the Mixed Use Neighborhood and Connected Neighborhood High land use designation and would be in compliance with the City of Indio General Plan 2040.

The General Plan 2040 contain goals and policies that are relevant to the Project. The following identifies these goals and policies and makes findings of fact regarding if and how the Project complies with them:

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

LU-1.1: Overall city structure. Establish a clearly defined City Structure by creating mixed-use corridors along Highway 111, Monroe Street, Avenue 42, and Avenue 44

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 606 of 831 that contain a mix of retail, service, office, and residential uses. Corridors should have defined
nodes that provide a mix of local- and regional-serving uses.

The project is proposing a horizontal mixed-use project comprised of different land uses consisting of office and commercial retail, and restaurant uses along Highway 111.

Goal LU-4: High-Quality Building Design. A beautiful city with a high-quality architecture and building design.

LU-4.1 Quality design. Use simple, urban building forms made with permanent materials with high quality detailing that stands the test of time.

The Project is proposing contemporary commercial architectural design with clean, modern lines and a combination of materials and colors for visual interest. The buildings have flat roofs with varying heights creating layered facades. The project is incorporating materials and architectural finishes designed to complement each other for a cohesive project aesthetic. The primary surfaces feature stucco finishes painted in a range of Sherwin Williams colors with accent elements. The project is also proposing two distinct stone veneers to add texture and provide a layered look. Storefronts utilize double glazed low-e storefront glazing with anodized aluminum frames for a modern and energy-efficient facade.

LU-4.3 Building materials. Convey façade articulation through the strength, depth, and permanence of building materials. Thinner cladding materials, such as stucco, stone and masonry veneers, and wood or simulated wood, may be used when finished to appear as durable and authentic of the materials they simulate.

The Project is incorporating varying height roof lines creating articulation on each of the four buildings. The primary surface material will be stucco and finished in a range of colors. The project is also proposing to have two distinct stone veneers. The materials that will be utilized will be durable or as authentic of the materials they simulate.

LU-4.4 Building entrances. Use visual and physical design cues within a building’s design and entries to emphasize the building entrance and connections to public spaces.

The Project will be constructing large overhangs over entrances and concrete walkways lined with drought tolerant landscaping. The proposed landscaping will be designed in a manner that lines the walkaways to emphasize the building entrances and a condition has been added requesting 20’ high palm trees at installation along the main entrance of the project on Highway 111.

LU-4.5 Iconic design. Allow iconic and memorable building designs, particularly on larger non-residential properties.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 607 of 831 The Project is proposing contemporary commercial architectural design with clean, modern aesthetics and a combination of materials and colors for visual interest. The buildings have flat roofs with varying heights creating layered facades. All four buildings will contain a mix of materials and cohesive earth-tone paint colors that harmonize with the desert environment, and natural stone accents. The project is proposing desertappropriate landscaping with palms and drought-tolerant plants complements the buildings, while shaded entryways enhance comfort and functionality. Proposed design blends modern elements with materials and features suited to the arid climate, creating an inviting and visually cohesive development.

LU-4.6 Climate-appropriate design. Encourage the use of building techniques and materials that relate to Indio’s warm and dry desert climate. Promote solar control and use of shade in building design and associated pedestrian amenities.

The Project will be constructing various building overhangs that will provide shade for pedestrian walkways. The Project landscape will utilize desert native and drought resistant trees, shrubs, and cacti. The proposed trees will be lined across the parking lot to shade proposed parking. The Project is also proposing the inclusion of a solar panel canopy system demonstrating a commitment to sustainability and modern technology integration within the design.

II. Standards Consistency. Consistency with applicable objective development standards and design standards and/or design guidelines adopted by the City Council.

On September 21, 2022, the City Council approved Resolution No. 10326 adopting the Highway 111 Corridor Specific Plan. The following identifies land use regulations and development standards relevant and applicable to the Project and makes findings of fact regarding if and how the Project complies with them:

Highway 111 Corridor Specific (111 CSP) Plan & Master Planned Development (MPD) Permit Compliance:

Section 2.1: Vision for the Highway 111 Corridor Specific Plan Section 2.1 states that "The Highway 111 Corridor will be transformed from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the city of Indio - respecting the Corridor's history and context, building on its existing amenities, reflecting community desires, and leveraging evolving economic opportunities for the benefit of the entire community." The Madison Pointe Phase 1 project is being evaluated for consistency with applicable provisions of the Highway 111 Corridor Specific Plan (111 CSP) and the approved Master Planned Development (MPD) Permit. Although drive-throughs are not part of the Highway 111 Corridor Specific Plan’s vision to create a pedestrian-friendly, mixed-use environment, they are

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 608 of 831 permitted as Limited Land Uses within Subarea 8 with an approval of a Conditional Use Permit by the City Council.

Section 2.3.1 West Gateway
The project site is located within the West Gateway is the segment of the corridor from the western city limits - just west of Jefferson St - to the west edge of the “S-curve” of 111, where Clinton St and Dr Carreon Blvd intersect Hwy 111. The West Gateway Segment of the Corridor is flanked by large vacant or underdeveloped parcels, who’s identity and character may be defined by the new, palm-lined Highway 111 and fine new community activity centers offering retail, restaurant, hospitality, entertainment and recreation, along with a wide array of new housing options within the mixed-use centers and surrounding new and existing neighborhoods.

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

Section 3.2.G.3.A (Council Approval Required) of the Specific Plan specifies that the following Limited Uses shall require City Council approval inclusive of fueling stations, car washes and any use including a vehicular drive-through.

Pursuant to Table 3.4.2 of the Specific Plan, the project site is located within Subarea 8 and has been assigned regulatory designations consisting of Mixed-Use Corridor Zone and Neighborhood General Zone and has also been assigned a Master Planned Design Overlay designation.

Pursuant to Section 3.4.C.1 of the Specific Plan, the Master Planned Design Overlay defines specific parcels or areas within the 111 CSP area that due to their size and/or location, require an approved Master Planned Development (MPD) Permit. The applicant has satisfied this requirement and has obtained a Master Planned Development Permit approval from the Planning Commission.

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

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 609 of 831 Pursuant to Section 3.4.C.3 of the Specific Plan, the Neighborhood General Zone provides a lively neighborhood environment that offers a variety of housing types and choices within easy walking and biking distance from the numerous neighborhoodserving amenities along the corridor and other activity centers within the zone. Buildings in the NG zone range from neighborhood-scale/ "house-form" types (a.k.a "Missing Middle Housing"), to more urban-scale "block-form" multi-family and mixed-use types whose massing is articulated in increments compatible in size and scale. The NG Zone is organized around a well-connected walkable network of tree-lined neighborhood avenues, streets and paseos, and is punctuated by a robust network of neighborhood parks, greens and community gathering spaces.

Pursuant to Section 3.5 (Allowed Uses) of the Specific Plan addresses allowed land uses within the boundaries of the Specific Plan and corresponding permit requirements for each regulatory zone, as applicable. Table 3.5-1 (Allowed Uses) of the Specific Plan specifies general retail, restaurants and commercial markets are permitted in the Mixed Use Corridor zone and Neighborhood General zone. The applicant is also proposing a drive-through associated with the restaurant (coffee shop). Section 3.14 provides a discretionary pathway for Limited Land Uses which include any drive-through by requiring a Conditional Use permit approved by the City Council.

Pursuant to Section 3.6, the standards of this section shall apply to any parcel within the Master Planned Design Overlay in Figure 3.4-1, or for any proposed development greater than 4 acres in size. The project site is 20.2 acres in size and is therefore subject to the provisions of this section. The applicant received Planning Commission approval of the Master Planned Development (MDP) Permit on November 21, 2022.

The Madison Pointe Phase 1 proposal serves as the first implementing project for the approved MDP.

Pursuant to Section 3.6.A.2.a, all new development must complete and/or support-and in no way impede-the required connections and intersections which appear in their subarea. The project site is located in Subarea 8. Figure 3.6-1 identifies required and recommended connections through the project site. Specifically, required connections are shown in north/south and east/west orientations in the northern portion of the site while recommended connections are shown in north/south and east/west orientations in the southern portion of the project site. Pursuant to Section 3.6.B.1.b, required connections form links through and between Subareas and are required to be multimodal streets with vehicular access and shall be further be designed as Avenues (per Section 3.7.B.4.a) or Neighborhood Streets (per Section 3.7.B.4.c). Pursuant to Section

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

Recommendations for how some of these connections can be implemented are included in Table 3.6-2. The Madison Pointe Phase 1 project is proposing an east/west vehicular circulation route and an east/west pedestrian circulation (see Pedestrian Circulation plan) route through the northern portion of the project site along Highway 111 meeting the location and multi-modal standards for the required connections

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 610 of 831 element of this section and the Conceptual Connectivity Plan of the Master Planned Development Permit.

3.6.B.2.b, vehicular driveways, parking lots, and alleys are intended for vehicular access but not active mobility modes. Accordingly, when designed in accordance with the standards of this Plan they may provide access within blocks, but they shall not be interpreted to define any block perimeter for the purposes of this section. Pursuant to Section 3.6.B.2.c, public ways should be calibrated to the context. The Madison Pointe Phase 1 project does not clearly specify that the proposed on-site connections are "public" pursuant to the provisions of this section. As such, a condition will be included to assure compliance with this section.

Pursuant to Section 3.6.C.1/Table 3.6.3 (Maximum Block Size), the maximum block perimeter for the Mixed Use Corridor zone and the Neighborhood General zone is 1,600 feet. Pursuant to Section 3.6.C.2.a, per Table 3.6-1, all blocks shall be defined-or in other words: bound at their perimeter-by one or more of the following types of public connections or open spaces: Street, Car-less Street, Plaza/Green, Neighborhood Park, or Mini Park. Pursuant to Section 3.6.C.2.a.i, a block may be bound on no more than one (1) side by a Car-less Street, Plaza/Green, Neighborhood Park, or Mini Park.

Pursuant to Section 3.6.C.2.b, types which define a block shall be public and shall not be private or semi-public. Pursuant to Section 3.6.C.2.b.i, "Public" means those spaces and connections which are publicly accessible-providing public right-of-way-regardless of ownership. The Madison Pointe Phase 1 project provided a Perimeter Standard Block Calculation plan which demonstrates three blocks of which none exceed 1,600 feet. The perimeter block size for the multi-tenant retail is 821 feet, for the drive-through restaurant and Pad 3 is 1,033 feet, and for the general market and L3 charging station is 956 feet. The project as proposed meets and exceeds this requirement.

Pursuant to Section 3.7 (Public Realm Standards), the project provides enhanced streetscape improvements along the Highway 111 frontage. These include pedestrian sidewalks, drought-tolerant landscaping, and direct connections to existing and new pedestrian infrastructure associated with the project. The streetscape design reinforces the pedestrian-oriented vision of the corridor by creating a safe, visually appealing, and walkable environment. Vehicular access is provided through existing and new driveway entries that minimize conflicts with pedestrian paths and preserve the continuity of the sidewalk.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 611 of 831 (Building Placement) specifies building placement standards that are applicable to properties that are located within the Mixed-Use Corridor regulatory zone. This Table specifies that the Highway 111 build to range should be 0 feet to 15 feet, that the front street build out should be 100 percent, that there is no side street build to range, that the side street build out should be 80 percent for the first 40 feet with no buildout requirement after 40 feet, that the building length should be a maximum of 300 feet, and that there are no building setback requirements except for a 10-foot separation between multiple buildings on a single lot. Section 3.14 (Limited Land Uses in the MU-C Zone) and more specifically Section 3.14.A.3.1.c.iv specifies that the Frontage Buildout requirements listed in Table 3.8-1 may be waived provided buildings conform to the requirements of the rest of this Section. Buildings fronting Highway 111 do not comply with the specified 15-foot build to range that is the area within which the building should be constructed and is proposed to be setback 35 for the building on pad 1 and 51 feet for the buildings on Pad 2 and Pad 3. The project site design of the new crosscirculation patterns, parking, and the drive-through aisle and stacking for the tenants on Pad 2 and Pad 3 allows for parking to be located at the center and back of the site while still offering pedestrian connectivity to the project. The proposed building length for Pad 1 approximately is 92 feet, 25 feet for Pad 2 and 27 feet for Pad 3, thereby complying with the maximum building length standard. All the proposed buildings along Highway 111 have over a ten-foot setback separation to new or existing buildings therefore, the project site complies with the specified building setback requirements. Additionally, the building placement along Highway 111 substantially complies with the Illustrative Site Plan approved with Master Planned Development Permit.

Pursuant to Section 3.9 (Building Height) of the Specific Plan specifies standards for building height and vertical proportions that apply to all new buildings within the boundaries of the Specific Plan. The Mixed Use Corridor zone has a minimum height of 3 stories or 21’ high and a maximum height of 6 stories. The Neighborhood General zone has no minimum height and a maximum height of 4 stories. Building height for the multi-tenant retail, and general store is between 25’ and 29’ meeting the height requirement of their respective zone. The drive-through restaurant building is proposing a height of 20’. However, Section 3.14 explicitly allows single-story commercial buildings as part of the Limited Land Use (LLU) provisions to accommodate near-term investment that contributes to corridor revitalization. Subarea 8 of the Highway 111 Corridor Specific Plan allows for up to two (2) Limited Land Uses. The proposed project would be the first LLU approved within Subarea 8. The proposed buildings are singlestory with an overall height of approximately 20 to 29 feet, featuring parapet walls and architectural treatments that enhance their visual presence along the street. While this height does not meet the standard MU-C minimum height requirement, it is compliant under the Limited Land Use provisions and is designed to ensure the buildings integrate well into the existing commercial context while supporting phased corridor transformation. The project is proposing the following maximum building heights as follows:

Table D – Building Height

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 612 of 831 Lot Proposed Use Building
Height
3 Retail 26’-2”
4 Restaurant w/Drive-through 20’
7 General Market & L3 EV Charging 25’
Pursuant to Section 3.10 (Facades and Frontages) of the Specific Plan specifies standards to ensure that large-scale ("block-form") buildings, are modulated into smaller "human-scale" increments and composition to generate more dynamic and interesting streetscapes and result in more resilient buildings that are adaptable over time to meet the varied needs of different tenants and uses. Requires commercial buildings along Highway 111 to incorporate street-facing facades with architectural articulation, transparency, and pedestrian orientation. For Limited Land Uses, Section 3.14 permits primary entrances to face away from the street, provided the street-facing façade maintains the appearance of a front elevation.

For the proposed project, the primary customer entrances will be located on Highway 111 between the buildings of Lot 4 and Lot 5 include articulated storefront elements with large overhangs for shade, parapet treatments, the buildings have flat roofs with varying heights creating layered facades. These features collectively ensure that the façade maintains a visually attractive appearance as required for Limited Land Uses.

Additionally, the project is conditioned to install a traffic signal lining up with Bermuda Palms across from the project site.

Section 3.11 (Private Signage) of the Specific plan regulates the design, size, placement, and approval of private signage within the MU-C and NC zoning districts.

The Specific Plan identifies certain sign types that are permitted by right; however, Section 3.11.A.2 states that any sign type not expressly listed and permitted by right may only be approved by the Planning Commission through Design Review (Planning Review Discretionary). The Madison Pointe Phase 1 project has included a sign packet along with their conceptual plans with standards for reviewing monument, wall-mounted and window signs for individual tenants. Pursuant to Section 3.11.A.2, the Planning Review Discretionary process allows the Planning Commission to evaluate the proposed sign packet and its contents consistency with the intent of the Highway 111 Corridor Specific Plan, including corridor aesthetics, visual compatibility, and protection of the public realm.

Section 3.11.B General Standards – The following standards are applicable to all private signage within the Highway 111 Corridor Specific Plan:
a. Signs shall not obscure building entrances, cornices, columns, or other prominent architectural elements.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 613 of 831 As proposed, monument, wall, and window signs do not obstruct buildings’ entrances, architectural features, or prominent design elements of the new commercial buildings and therefore meets this standards. b. A maximum of three allowed sign types shall be allowed on a building or massing increment unless stated otherwise.

The applicant is proposing two sign types per building (wall signs and window signs) in accordance with the Highway 111 Corridor Specific Plan Sections

3.11.C.1.a and 3.11.C.1.b. While the maximum height for tenant signs generally remains consistent with the standards, an exception is requested for graphical wall signage, increasing the maximum height from 30 inches to 6 feet.

Additionally, the applicant seeks to raise the maximum allowable sign width percentage for tenant signs from 60% to 70%. The proposal includes five multitenant monument signs, four of which are located along Highway 111 as permitted, but one is proposed on Madison Street, requiring a Planning Commission approval since monument signs are only allowed on Highway 111.

Furthermore, the applicant requests approval for a center project identification sign measuring 49 feet 6 inches in width and 6 feet 8 inches in height, which exceeds the Specific Plan’s maximum sign width of 10 feet and approaches the maximum height limit of 7 feet. The proposed deviations enhance the commercial center’s visual identity by integrating the architectural elements from the building’s design form into the signage.
c. Phone numbers and email addresses shall be prohibited from being displayed on any of the allowed sign types, with the exception of front yard signs.

The applicant is not proposing to display phone numbers and email addresses.

Conditions of approval will prohibit the display of phone numbers and email address for the project.
d. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties.

This standard is consistent with the intent of Section 3.11 to minimize light and glare and prevent adverse impacts to surrounding right-of-way and properties. e. Directory signs are small wall signs located at pedestrian eye level and intended to identify multiple tenants within a building or complex.

The applicant is not proposing any directory signs as part of this submittal sign package. However any future signs not explicitly regulated by this sign package

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 614 of 831 will be reviewed following the standards of the Highway 111 Corridor Specific Plan Section 3.11.
f. Internal illuminated “Cabinet Signs” and/or “channel letters” shall be prohibited for all signage.

Signage will be externally illuminated, and channel letter will comply with the standards of this section, provided that the letter are either back-lit or externally illuminated.

Pursuant to Section 3.12 (Parking) of the Specific Plan specifies standards for surface parking and structured parking including the number of parking spaces and parking design standards. Table 3.12-1 specifies the minimum parking requirements for retail, office, residential and restaurant uses. The project is proposed to have approximately 10,900 square feet of commercial retail uses that would require a minimum of 29 parking spaces at a ratio of 2 spaces for every 1,000 square feet of retail. The project proposes to have 86 stalls which meets and exceeds the minimum requirements as shown below:

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 615 of 831 fence and wall heights, entrance arbors, lighting, landscaping, stormwater and open space. The applicant has submitted a landscape plan with their submittal packet and a condition of approval requiring evidence on the final landscape plan submitted for administrative review and approval will be required. Additionally, the project will be conditioned that meters and similar equipment shall be located in underground vaults or in utility rooms/closets within buildings, were possible and that if such locations are infeasible, these services shall be located in inconspicuous locations along the sides of project sites and shall be thoroughly screened from public view. Furthermore, the project will be conditioned to provide and meet the requirements of this Section.

Pursuant to Section 3.14 (Limited Uses in the MU-C Zone) specifies standards for Limited Land Uses within the boundaries of the Specific Plan. Section 3.14.2.a-i address applicability of the standards in this Section including but not limited to applying only to properties in the Mixed Use Corridor zone, limited land uses consisting of freestanding single-use (pad) commercial buildings with and without drive-through service facilities, office/light industrial buildings, adaptive re-use of existing commercial/industrial buildings and parking lots that occupy greater percentages of one or more street frontages than prescribed by the standards of Sections 3.8 and 3.12.

This provision allows for the development of freestanding single-story commercial buildings in the Mixed-Use Corridor (MU-C) zone to support interim economic reinvestment, even if such development does not meet all MU-C form-based standards, including minimum building height or complete frontage buildout. The proposed development activates a long partially vacant parcel, introduces new commercial activity, enhances the corridor’s visual character through landscaping and pedestrianscale design features, and aligns with the Specific Plan’s intent to encourage short-term reinvestment while preserving long-term planning goals.

According to Table 3.14-1, Subarea 8 permits up to two (2) Limited Land Use approvals.

Based on current records, no other LLU approvals have been issued within Subarea 8, and this project would represent one (1) of the two allowed. The project meets the physical and design criteria for a Limited Land Use and is being processed through Planning Review consistent with the Specific Plan’s procedures and the approved Master Planned Development Permit.

SECTION 4. Recommendation. Based on the foregoing, the City Council hereby CONDITIONALLY APPROVE the Planning Review Discretionary application (Case File No. PLAN-PRD-25-0018) for the Madison Pointe Phase 1 Project. The Applicant shall demonstrate compliance with all conditions of approval as specified in the Resolution. Failure to comply with these conditions may result in delays to project implementation or the rescission of project approval by the City of Indio, in accordance with applicable procedures. Where the term “Applicant” is used in any condition of approval, it shall also apply to the property owner, developer, or any successor in interest. It is the Applicant’s or successor’s responsibility to comply fully with all conditions, unless subsequently modified through the City’s established procedures.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 616 of 831 A. General Conditions of Approval:

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

The relevant City department or division or outside agency is noted in parentheses in the event that there are questions or additional information needed regarding a condition of approval. 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-25-0018) 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 towards completion on the site which was the subject to the application, or a certificate of occupancy is issued; otherwise, this Planning Review Discretionary approval will automatically expire unless an extension of time has been granted as specified in Section 6.03.15 of the Unified Development Code or as otherwise prescribed by the City of Indio 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.

This hold harmless obligation shall apply even if the claims, damages, losses, or

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 617 of 831 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 shall, within 15 days after approval of this Resolution, submit to the Community Development Director its written consent to all the conditions of approval contained in this Resolution without amendments.

6. The Applicant shall ensure that all development shall occur substantially as shown on the site plan, floor plans, elevations, and landscape plans, sign package and as modified herein and as on file with the Community Development Director.

7. In the event of any conflict between the conditions of approval associated with this Planning Review, the Highway 111 Corridor Specific Plan, the Master Planned Development Permit, and Indio Unified Development Code, the condition of approval and the provisions of the Highway 111 Corridor Specific Plan shall govern, in that order.

8. The provisions of the Highway 111 Corridor Specific Plan shall govern.

9. All signage shall comply with the approved sign package or the Highway 111 Corridor Specific Plan Section 3.11 (Private Signage).

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

3.13.E of the Highway 111 Corridor Specific Plan and the state-mandated water efficiency ordinance, WELO (Gov. Code § 65595).

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 618 of 831

11.The applicant shall confirm that all proposed trees shown on the approved landscape plan shall be installed at a minimum size of twenty-four inch (24”) box.

12.The applicant shall confirm that all palm trees shown on the approved landscape Plan shall be installed at a minimum height of twenty (20) feet along Highway 111.

13.The Applicant shall construct perimeter walls around the project site in compliance with the height, material, and design requirements of the Highway 111 Corridor Specific Plan.

14.Pursuant to Section 3.13 (Site Design) of the Highway 111 Corridor Specific Plan, all development shall comply with the applicable development standards set forth in Section 3.13.D of the Highway 111 Corridor Specific Plan. The following requirements shall be demonstrated prior to issuance of building permits and verified prior to the final planning inspection for approval for each lot:
a. Lighting Abutting the Public Realm. Lighting within surface parking lots, private frontages, and any other on-site open space that abuts a public right of way shall comply with the following standards:
i. Lighting shall be shielded by permanent attachments to fixtures so that light sources are not visible from adjacent properties or the public right of way.
ii. No freestanding fixture shall exceed a height of 15 feet as measured from finished adjacent grade.
iii. Light sources shall have a maximum output of no greater than 3,00 lumens.
iv. Required illuminance (in footcandles)

1. Max: 4.0

2. Min: 0.2

3. Max average: 0.8

4. Uniformity ratio (max/min): 20/1

5. Uniformity ratio (average/min): 4/1

15.Other Applicable Standards
Development shall also comply with the applicable sections of Article 3 of the Highway 111 Corridor Specific Plan, including:
a. Section 3.6 (Subdivision, Connectivity, & Public Realm Completion) b. Section 3.7 (Public Realm Standards)
c. Section 3.8 (Building Placement & Access)
d. Section 3.9 (Building Height)
e. Chapter 3.10 (Facades and Frontages)
f. Chapter 3.11 (Private Signage)
g. Chapter 3.12 (Parking)
h. Chapter 3.13 (Site Design)

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 619 of 831 i. Chapter 3.14 (Limited Uses in the MU-C Zone)

16.The Applicant shall permit City staff to conduct periodic inspections to verify compliance with all conditions of approval. The first inspection will occur within 6 months of a Certificate of Occupancy. The Planning Commission reserves the right to initiate a review of the PLAN-PRD-25-0018, PLAN-CUP-25-0006, and PLANTTM-25-0004 based on verified complaints or evidence of non-compliance.

17.The applicant shall install a four-foot-high split rail wood fence, or an alternative barrier approved by the Community Development Director, to separate Phase 1 and Phase 2 of the project as depicted on the site plan or any subsequent phases.

18.The Applicant shall be required to obtain a Planning Review Discretionary application and a Conditional Use Permit if proposing a Limited Land Use, for Lot 5 (Commercial Pad 3) prior to any development on this lot.

19.Fire Hydrants and Fire Flow: Provide one copy of the water system plans to show there exist fire hydrants(s) capable of delivering the minimum fire flow required per CFC Appendix B Table 105.1, within 400 feet to all portions around the proposed structure. Minimum fire hydrant location and spacing shall comply with CFC and NFPA 14.

20.Provide a copy of a fire flow verification from the local water purveyor, Indio Water Authority, in the form of a letter, and graph depiction specifying the fire flow.

Verification shall be prior to building permit issuance. (CFC) 507.3 3.

21.If Fire Hydrants are required to be installed, applicant/developer shall submit plans for review and approval prior to building permit issuance. Plans shall be signed by a registered Civil Engineer, and shall confirm hydrant type, location, spacing and minimum Fire Flow.

22.Fire Department Access: Provide a Site Plan for Fire Apparatus Access Roads and Signage. Access roads shall be provided to be within 150 feet of all portions of all buildings and shall have an unobstructed width of not less than 24 feet. More than one road may be required when the project contains, more than 50 single family residences, more than 150 dwelling units or A commercial/ industrial building exceeds 50,000 square feet.

23.The construction of the Access Roads shall be all weather surface and capable of sustaining 80,000 pounds over two axels for commercial developments per CFC 503.1.1 and 503.2.1 as amended by the City of Indio.

24.Requests for installation of Traffic Calming designs/devices on Fire Apparatus Access Roads are prohibited unless submitted and approved by the Office of the Fire Marshal.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 620 of 831

25.Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction (CFC 503.1)

26.Construction Permits Fire Department Review: Submittal of construction plans to the Office of the Fire Marshal for development, construction, installation, and operation use permitting will be required. Final Fire and Life Safety conditions will be addressed when the plans are reviewed. These conditions will be based on occupancy, use, CBC, CFC, and all other related codes which are in effect at the time of building plan submittal.

27.Fire Sprinkler System: All structures 3,600 sq ft or larger will be required to install a Fire Sprinkler System CFC 903.2 and NFPA 13 as amended by City of Indio.

28.Fire Alarm and Detection System: A waterflow monitoring system and/or Fire Alarm system will be required per CFC 903.4, 907.2 and NFPA 72.

29.Knox Box and Gate Access: Buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with a Knox Key Switch and automatic sensors for access. CFC 506.1.

30.Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required CFC 505.1.

31.See below for Battery Energy Storage Systems

32.All plan submittals and revisions must be electronically submitted via the Customer Service Portal at www.indio.org

33.All Plan Submittals shall contain the following items:
a. Location and layout diagram of the room or area in which the ESS is to be installed. A detailed site plan shall indicate the locations of the fire access roads providing access to within 150 feet of the exterior of all ESS units and/or buildings. (See Riverside County Fire Department Guideline OFM01A for additional details.) b. Details on the hourly fire-resistance ratings of assemblies enclosing the ESS.
c. The quantities and types of ESS to be installed.
d. Manufacturer’s specifications, ratings and listings of each ESS. A copy of the UL 9540 listing certification and the UL 9540A test report is required. e. Description of energy (battery) management systems and their operation. f. Location and content of required signage.
g. Details on fire suppression, smoke or fire detection, thermal management, ventilation, exhaust and deflagration venting systems, if provided.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 621 of 831 i. A separate permit is required for a fire suppression system if provided.
ii. A separate permit is required for a gas, smoke, or fire detection system if provided.
iii. Calculations or modeling data to determine compliance with NFPA 68 and NFPA 69 for exhaust and deflagration venting systems when provided shall be submitted for review.
h. Support arrangement associated with the installation, including any required seismic restraint.
i. A commissioning plan complying with CFC Section 1207.2.1 shall include the following:
i. A narrative description of the activities that will be accomplished during each phase of commissioning, including the personnel intended to accomplish each of the activities.
ii. A listing of the specific ESS and associated components, controls and safety-related devices to be tested, a description of the tests to be performed and the functions to be tested.
iii. Conditions under which all testing will be performed, which are representative of the conditions during normal operation of the system.
iv. Documentation of the owner’s project requirements and the basis of design necessary to understand the installation and operation of the ESS.
v. Verification that required equipment and systems are installed in accordance with the approved plans and specifications.
vi. Integrated testing for all fire and safety systems. vii. Testing for any required thermal management, ventilation or exhaust systems associated with the ESS installation.
viii. Preparation and delivery of operation and maintenance documentation.
ix. Training of facility operating and maintenance staff. x. Identification and documentation of the requirements for maintaining system performance to meet the original design intent during the operation phase.
xi. Identification and documentation of personnel who are qualified to service, maintain and decommission the ESS, and respond to incidents involving the ESS, including documentation that such service has been contracted for.
xii. A decommissioning plan for removing the ESS from service, and from the facility in which it is located. The plan shall include details

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 622 of 831 on providing a safe, orderly shutdown of energy storage and safety systems with notification to the code officials prior to the actual decommissioning of the system. The decommissioning plan shall include contingencies for removing an intact operational ESS from service, and for removing an ESS from service that has been damaged by a fire or other event.
j. A decommissioning plan complying with CFC Section 1207.2.3. k. A failure modes and effects analysis (FMEA) or other approved hazard mitigation analysis shall be provided in accordance with CFC Section 104.8.2 under any of the following conditions:
i. Where ESS technologies not specifically identified in CFC Table 1207.1 are provided.
ii. More than one ESS technology is provided in a room or enclosed area where there is a potential for adverse interaction between technologies.
iii. Where allowed as a basis for increasing maximum allowable quantities. See Section CFC 1207.5.2.
iv. Where required for existing lithium-ion ESS systems that are not UL 9540 listed. e. Where required for outdoor lithium-ion battery ESS systems exceeding 600 kWh.
l. Where required elsewhere in CFC Section 1207, large-scale fire testing shall be conducted on a representative ESS in accordance with UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in CFC Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with CFC Section 104.8.2.
m. An Emergency Operations Plan shall be provided which includes the following:
i. Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe startup following cessation of emergency conditions. ii. Procedures for inspection and testing of associated alarms, interlocks, and controls.
iii. Procedures to be followed in response to notifications of system alarms or out-of-range conditions that could signify potentially

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 623 of 831 dangerous conditions, including shutting down equipment, summoning service or repair personnel, and providing agreed-upon notification to fire department personnel, if required. iv. Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions.
v. Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
vi. Procedures for dealing with ESS equipment damaged in a fire or other emergency event, including contact information for personnel qualified to safely remove damaged ESS equipment from the facility.
vii. Other procedures as determined necessary by the AHJ to provide for the safety of occupants and emergency responders.
viii. Procedures and schedules for conducting drills of these procedures.
n. Other Technical Reports as required by the Fire Code Official.

34.ESS installations shall be in accordance with the 2022 California Fire Code and NFPA 855, subject to the approval of the Fire Code Official.

35.Additional setbacks and separation distances may be required by the Fire Code Official where a Hazard Mitigation Analysis (HMA) has been required for any of the following reasons:
a. Where ESS technologies not specifically identified in CFC Table 1207.1 are provided.
b. More than one ESS technology is provided in a room or enclosed area where there is a potential for adverse interaction between technologies. c. Where allowed as a basis for increasing maximum allowable quantities in accordance with CFC Section 1207.5.2.
d. Where required by the Fire Code Official to address a potential hazard with an ESS installation that is not addressed by existing requirements. e. Where required for existing lithium-ion ESS systems that are not UL 9540 listed.
f. Where required for outdoor lithium-ion battery ESS systems exceeding 600 kWh.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 624 of 831 a. The Hazard Mitigation Analysis (HMA) shall include the following additional failure modes:
b. The failure of a single safety system during a thermal runaway event. c. The failure of multiple safety systems at the same time. d. Failure of temperature control required to be addressed by the HMA

37.Plume modeling of a fire scenario, based on the additional failure modes in the HMA, as well as an unmitigated ESS fire within the building shall be conducted using validated and industry accepted plume modelling tools. The plume modeling shall include pre-defined worst-case meteorological conditions based on EPA standards.

These conditions include atmospheric stability class F (stable atmosphere), a wind speed of 1.5 meters per second (3.4 miles per hour), and a temperature of 77°F.

Furthermore, local meteorological conditions found at the site must be modeled. The Acute Exposure Guideline Level (AEGL); Level 1 shall be included in the modeling results, indicating the area within the plume where notable discomfort, irritation, or certain asymptomatic non-sensory effects, where effects and not disabling and are reversible. The findings from required plume studies shall outline additional mitigation setbacks from sensitive receptors, such as residential areas, care facilities (hospitals, nursing homes, etc.), and educational institutions. The results of the plume modeling shall also identify potential evacuation areas and possible road closures during a fire event.

38.Outdoor Utility-Scale ESS Installations may be required to provide additional setbacks and unit spacing when located adjacent to roadways and/or sensitive receptors, such as residential areas, care facilities (hospitals, nursing homes, etc.), and educational institutions, when determined by the Fire Code Official that a public safety hazard may exist pursuant to CFC Section 102.9.

39.Provide the following notes on the plan, verbatim, under the heading "RVC–OFM” NOTES":
a. Approved signs shall be provided on or adjacent to all entry doors for ESS rooms or areas and on enclosures of ESS cabinets and walk-in units located outdoors, on rooftops or in open parking garages. Signs designed to meet both the requirements of this CFC Section 1207.4.8 and the California Electrical Code shall be permitted. The signage shall include the following or equivalent:
i. “ENERGY STORAGE SYSTEM,” “BATTERY STORAGE
SYSTEM,” “CAPACITOR ENERGY STORAGE SYSTEM” or the
equivalent.
ii. The identification of the electrochemical ESS technology present. iii. “ENERGIZED ELECTRICAL CIRCUITS.”

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 625 of 831 iv. Where water-reactive electrochemical ESS are present, the signage shall include “APPLY NO WATER.”
v. Current contact information, including phone number, for personnel authorized to service the equipment and for fire mitigation personnel required by CFC Section 1207.1.6.1.
b. Exception: Existing electrochemical ESS shall be permitted to include the signage required at the time they were installed.

40.During the commissioning process an ESS shall be evaluated for proper operation in accordance with the manufacturer’s instructions and the commissioning plan prior to final approval.

41.Systems that monitor and protect the ESS installation shall be inspected and tested in accordance with the manufacturer’s instructions and the operation and maintenance manual. Inspection and testing records shall be maintained in the operation and maintenance manual.

42.Prior to the ESS systems being placed onsite, a fire inspection shall be required to verify the following:
a. Verification of all required fire access roads.
b. Verification of any required fire water tanks, fire water systems, or hydrants.

43.Prior to the ESS systems being placed online, a fire inspection shall be required to verify the following:
a. Proper size and spacing of the units.
b. Functional testing of any fire alarm system (including smoke detectors, heat detectors, or gas detection systems). The function of all initiating devices and alarms shall match the sequence of operations on the approved Fire Alarm plans.
c. Verification of any required deflagration venting systems or explosion prevention systems. Required ventilation rates for combustible concentration reduction systems designed in accordance with NFPA 69 shall be verified.
d. Automatic fire suppression systems shall be installed per the approved plans.
e. Signage shall be per the approved plans.

44.The project proponent will be required to provide and bear all costs associated with acquisition of land, rights of way, easements, and infrastructure relocations and realignments deemed necessary to accommodate the project. Any street or road

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 626 of 831 improvements imposed by the local governing authority shall also be at the project proponent cost.

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

46.Any new, relocated, modified or reconstructed IID facilities required for and by the project (which may include but is not limited to the dedication of real property for the purpose of siting an electrical utility substations to support the project, the cost of acquisition and dedication of rights of way and/or easements for the construction of electrical transmission and/or distribution lines and ancillary facilities associated with the conveyance of energy service) are to be included as part of the project’s CEQA and/or NEPA documentation, environmental impact analysis and mitigation.

47.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. In addition, the necessary access to allow for continued operation and maintenance of any IID facilities located on adjoining properties where no public access exists.

48.Substations and switchyards shall be located on property that will transferred to IID in fee simple ownership with legal access

49.IID can accommodate your power request for the proposed project, by the expansion of Carreon Substation with the new addition and installation of a second - 28 MVA Substation Transformer Bank 92/13.2 KV and adding one (1) new distribution feeder (conduit and cable) out of the Carreon Substation to the proposed development. A standard 315’ by 315’ additional site will be required. Please keep in mind, transmission and distribution poles and reconfiguration of lines with the addition of new substation switchgear with backbone line(s) extensions, distribution getaways and distribution feeders will be required, all of which are at the expense of the Developer. The estimated high-level cost of the required substation facilities is approximately $36 million, based on IID's 2025 rates. Please note that this estimate is subject to change without notice, including adjustments for material, labor, or supply costs. The substation is anticipated to be constructed under a cost-sharing arrangement and/or reimbursement agreement involving one or more Joint Powers Authorities (JPAs). While your project is not solely responsible for the full cost of the substation, it will be required to contribute a pro rata share of the total cost. Your financial contribution will be facilitated through one or more cost-share or reimbursement agreements, or other financing arrangements reasonably acceptable to IID. If for any reason the substation is not constructed under the above mechanisms, your project may be required to directly support or facilitate its

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 627 of 831 construction. Additionally, your project must install one (1) new distribution feeder (conduit and cable) from the proposed substation to the development site. The highlevel cost estimate is $1.8 million (subject to change). Please note that the distribution extension cost is in addition to your project’s pro rata share of the substation costs.

50.Developer is required to extend a minimum of one feeder (conduit and cable) from the new substation to the proposed development. In addition, Developer will be required to install the necessary conduit/vault systems following the Permanent Plan of Service and distribution getaways conduit systems from the Carreon Substation.

51.A minimum-dimensioned site of 315’ by 315’ of additional substation site/land to Carreon Substation that is satisfactory to IID will be required. The substation site proposed dimensions are not taking in consideration any catch basing or any other Storm Water improvement. All setbacks, rights-of-ways, sidewalks, berms, public utility easements, catch basins, etc. are considered off-site improvements, and it is the developer(s) responsibility to include the substation’s storm water plans and mitigations as part of the development’s overall plan.

52.A more detailed feasibility study will be developed once a Customer Service Proposal (CSP) application and city approved plans (including loading calculations) are received and cost of any additional technical assessment shall be borne by the developer. The District’s ability to provide service from existing distribution lines is based upon current available capacity, and is contingent upon this development’s construction phasing and progress in the area. The project must progress toward completion or IID is unable to hold system capacity to the detriment of other customers.

53.Developer will be required to install the necessary a double conduit/vault systems following the Permanent Plan of Service and bear all costs associated with the engineering design and construction costs related to the additional facilities deemed necessary, including but not limited to a second 28 MVA 13.2/92 KV Banks at Carreon Substation and the installation of additional substation switchgear for distribution getaways, distribution feeder breakers, backbone line extension and or upgrades/reconfigurations and any civil work deemed necessary to serve their project. This is all pursuant to existing IID regulations and/or approval by the IID Board of Directors.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 628 of 831 28 MVA transformer will commence upon receipt of the Customer Service Proposal for the substation transformer acquisition, including customer payment for the required substation upgrade and equipment deemed necessary.

55.Developer shall bear all costs associated with the construction of any additional facilities deemed necessary including, but not limited to, the new substation facilities, transmission line extensions, distribution getaways, distribution feeder breakers, feeder backbones and distribution overhead and/ or underground line extensions and upgrades necessary to extend electrical service to the proposed development.

Additional requirements, including but not limited to, environmental compliance documentation, landscaping (if required by the City or County) and all rights-of-way and easements for the substation, and access rights for both ingress and egress, as well as power line facilities may be necessary, all of which are at the expense of the Developer.

56.Underground infrastructure of any additional facilities needed including conduit/vault systems that includes trenching, conduits, pull boxes, switch boxes and pads should be installed at the Developer’s expense following IID approved plans and within the public utility easement (PUE) or a dedicated easement, if applicable. 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. Additional requirements may be necessary, such as environmental compliance documentation, and all rights-of-way and easements for the distribution line extensions and underground infrastructure are at the expense of the developer.

57.Line extensions to serve the development will be made in accordance with IID Regulation No. 15, Regulation No. 2 and Regulation No.13. The final cost will be determined once the developer/builder submits a Customer Service Proposal application and final design is completed.

58.On-site and Off-site water improvement plans are required for fire, domestic and irrigation. Contact [email protected] for instructions on plan submittal.

59.Looping of the water system on Hwy 111 and Madison St. is required and all new meters, hydrants and fire services shall tie to the new DIP water main on site.

60.Each building will require its own domestic water meter with back flow assembly. Per IWA Development Services Procedural Guidelines in those case where a service must be uninterruptible such as hotels and nursing facilities the developer will be required to provide a dual meter installation connecting to a different water main where possible.

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

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 629 of 831

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

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

64.IWA requires an Advanced Meter Infrastructure (AMI) pole for this development.

65.The applicant shall submit landscape plans and complete the Landscape Documentation Package in accordance with the Water Efficient Landscape Development Standards Ordinance No. 1684.

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

67.Grant of Easements shall be granted to Indio Water Authority for purpose of gaining access to private property to construct, maintain and operate the water improvements.

68.Applicant to contact 811 DigAlert prior to any excavation/demolition activities to allow SoCal Gas to locate and mark relevant facilities. Any excavation within ten (10) feet of SoCal Gas’ High-Pressure facilities will require a SoCal Gas employee standby.

69.Applicant shall contact SoCalGas’s Builder Services group to begin the application process as soon as practicable

70.Applicant to contact SoCalGas no less than 4 months prior to any street improvements to coordinate gas line relocation, if applicable.

PRIOR TO FINAL MAP APPROVAL

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

72.Tentative tract map shall be submitted along with the following items:
a. Soils Report
b. Title Report
c. Preliminary grading plan (topo/contour on map)
d. Hydrology report

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 630 of 831

73.Applicant shall submit for City approval the following items:
a. Final Tract Map
b. Title Report (updated within at least 60 days)
c. Final map closure calculations
d. AutoCAD & GIS Shapefile for Final Tract Map
e. All Back-up information for map references (easement documents, maps, etc.)
f. Street Name Plan

74.Final tract map shall include:
a. Street names
b. Subdivision Improvement Agreement
c. Improvement bonds

75.Applicant shall form a property owners association for the maintenance of:
a. All interior and exterior common areas including landscaping. b. Graffiti abatement for the interior and exterior or the preceding areas c. Maintenance of all frontage landscaping along Highway 111 and Madison Street.

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

77.The Covenants, Conditions and Restrictions shall be recorded prior to recordation of final map.

78.The Owner/Developer's engineer should meet with VSD staff and discuss proposed sewer main connections and requirements prior to design.

79.Generally, the sewer main lateral and connection to the District's sewer main are normally considered private and owned by the Owner(s) of the property. The Owner(s) are responsible for the maintenance and repair of this sewer main lateral.

80.The proposed project will comply with all VSD and other agency standards and requirements.

81.Improvements in the public right of way will require bonding by the Owner/Developer and installation by a licensed underground contractor.

82.The proposed project will be subject to all terms and conditions of the State of California mandated pre-treatment regulations.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 631 of 831

83.The proposed project is subject to the local effluent requirements of Valley Sanitary District's (VSD) Resolution 2008-998; local discharge limits, and conformance with the Valley Sanitary District Sewer Use and Construction Ordinance 2010-118.

84.Separate Permits Required: Separate building permits shall be obtained for each structure and tenant space. Plans shall be submitted for review and approval prior to construction in accordance with the currently adopted California Building Standards Code.

85.Construction Documents: Complete construction documents shall be provided at time of permit submittal, including architectural, structural, mechanical, electrical, and plumbing plans. Plans shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed.

86.Codes and Standards: All construction shall comply with the currently adopted California Building Code (CBC), California Electrical Code (CEC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Fire Code (CFC), California Energy Code (Title 24), and CALGreen.

87.Accessibility Compliance: All buildings, site improvements, and path of travel shall comply with CBC Chapter 11B accessibility requirements. Accessible parking, routes, entrances, and facilities shall be shown on the construction plans.

88.Energy Compliance: Title 24 energy compliance documentation shall be provided at time of permit submittal. All required forms shall be registered and included within the plan set.

89.Deferred Submittals: Deferred submittals (including but not limited to truss calculations, structural steel, and other engineered systems) shall be clearly identified on the plans and submitted for review and approval prior to installation.

90.Special Inspections: Special inspections shall be provided as required by CBC Chapter 17. A statement of special inspections shall be submitted with the construction documents.

91.Geotechnical Report: A geotechnical (soils) report shall be provided for review. All recommendations shall be incorporated into the construction documents.

92.Utility Coordination: Applicant shall coordinate with all applicable utility agencies, including IID and Indio Water Authority, for service requirements and approvals.

93.Fire Department Approval: Plans shall be submitted to CAL FIRE for review and approval. All fire access, hydrant placement, and fire protection systems shall comply with CFC requirements.

94.Electric Vehicle / Energy Systems: Any proposed electric vehicle charging stations, battery storage systems, or similar equipment shall be submitted under separate permits and comply with applicable CEC and CBC requirements.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 632 of 831

95.Inspections Required: All work shall be subject to inspection by the City of Indio Building & Safety Division. Work shall not proceed beyond each required inspection without approval.

96.Additional Requirements: Additional conditions and corrections may be required upon detailed plan review.

PRIOR TO ISSUANCE OF BUILDING PERMIT

97.Applicant or developer shall submit a water meter clearance application form B-2 to [email protected] for review and approval.

98.Prior to the issuance of a Building Permit the applicant shall provide VSD with both civil and architectural drawings of the building and site improvements for review and approval.

99.VSD will only issue sewer construction and connection permits after plan approval, the payment of all sewer related fees and the submittal of required documents that will be provided to the Owner/Developer at the time of plan approval.

PRIOR TO ISSUANCE OF GRADING PERMIT
100. Applicant shall comply with National Pollution Discharge Elimination System (NPDES) requirements per state regulations, contact information is as follows:

California Regional Water Quality Control Board (RWQCB), Colorado River Basin Region,
73-720 Fred Waring Drive #100
Palm Desert, CA 92260
(760) 346-7491
www.waterboards.ca.gov/coloradoriver
Please note: Prior to the issuance of any grading permit, a copy of the NOI (Notice of Intent) and the WDID# (Waste Discharge Identification No.), shall be filed with the City of Indio’s Engineering Division. 101. Applicant shall submit PM10 (Dust Control) implementation plans for City approval. Also, to South Coast Air Quality Management District (SCAQMD) for grading plans greater than 10 acres in size. For further information, contact:

South Coast Air Quality Management District (SCAQMD)
21865 Copley Drive
Diamond Bar, CA 91765
(800) CUT-SMOG (288-7664)
102. Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 633 of 831 103. Applicant shall submit for City approval the following items:
a. Precise grading plans- shall include the street address for each lot and building footprint.
b. Rough grading plans
c. Soils report
d. Hydrology Report
104. Retaining walls shall be required at elevational differences greater than 12 inches between lots throughout the project and in relation to adjacent boundary properties (if applicable) unless otherwise approved by the City Engineer. 105. Applicant shall use Riverside County Flood Control District standards and submit local on-site and regional hydrology, hydraulic storm calculations for City review and approval.
106. Applicant shall provide on-site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100-year storm event of 24-hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin shall be designed per Standard Plan No. 310 with a maximum depth of 5 feet (with a one-foot minimum freeboard) and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water. 107. The design of the project lot pads, street improvements and the storm drainage improvements shall be design-coordinated with all adjacent projects or properties to the satisfaction of the City Engineer.
108. All grading and pad elevations will be subject to approval of the Community Development Director and the City Engineer based on grading plans and additional information to be submitted during plan check.
109. Applicant shall landscape and groundcover the temporary retention basin and install a wrought-iron fence if the basin is deeper than five feet. 110. Applicant shall construct the permanent retention basin and remove the temporary retention basin prior to the issuance of a Grading Permit for any phase as so determined by the City Engineer in concurrence with the Director of Community Development.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 634 of 831

DURING CONSTRUCTION
111. Applicant or developer shall submit form C-2 water DIF’s and SWSF along with form C-3 water meter application to [email protected] for review and approval.
112. Prior to the issuance of a landscape water meter, the applicant must have a complete set of landscape plans signed and approved by IWA. 113. Manholes and cleanouts located in paved areas shall be raised to grade and collars and/or traffic rated boxes provided per Valley Sanitary District standards.

PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
114. Prior to water service activation, all water infrastructure in the final approved plans must be constructed and must have a Council approved Water Agreement and Easement if applicable.
115. Applicant shall:
a. Dispose of all concrete and asphalt removals from the proposed project to an approved recyclable site.
b. Applicant shall provide City of Indio Public Works Department with a copy of receipt showing tonnage for the disposal of recyclable concrete and asphalt.
c. Dispose of all material removals from the proposed project to an approved disposal site.
116. Dispose of all material removals from the proposed project to an approved disposal site.
117. Applicant shall submit for City approval the following items:
a. Street Improvement Plans
b. Streetlight Plans
c. Traffic Signal Plans
d. Signing and Striping Plans
118. Applicant shall make improvements to the south side of Highway 111 to include construction of concrete sidewalk, streetlights, and fully landscaped and irrigated parkway along the property frontage.
119. Applicant shall make improvements to the west side of Madison Street to include fully landscaped and irrigated parkway along the property frontage.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 635 of 831 120. All off-site street improvements including energizing of streetlights and installation of irrigation and landscaping along:
a. Highway 111 shall be constructed and accepted by the City prior to issuance of a temporary or permanent certificate of occupancy. b. Madison Street shall be constructed and accepted by the City prior to issuance of a temporary or permanent certificate of occupancy. 121. Applicant shall obtain an encroachment permit prior to starting any street improvements within public right-of-way.
122. Applicant shall upgrade existing driveways along Highway 111 and Madison Street to comply with current Americans with Disabilities Act requirements. 123. Applicant shall dedicate the needed right of way on Highway 111 and Madison Street for an 11-foot parkway (from curb face to proposed right of way) with proper access easement for existing meandering sidewalk.
124. Applicant shall remove and replace any damaged or broken asphalt concrete pavement, sidewalk, and curb/gutter on Highway 111 and Madison Street along the project property frontage.
125. The proposed project shall comply with Americans with Disabilities Act (ADA) requirements.
126. Applicant shall construct all mitigation measures identified in the approved traffic study for the proposed project, including design and installation of a traffic signal on Highway 111 at the main project driveway/Riverdale Lane at the applicant’s expense.
127. All overhead utilities less than 92kv, located within the project boundaries, bordering the project and/or fronting the project shall be undergrounded. 128. All improvements shall comply with City standards, requirements, and policies.

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

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 636 of 831 SECTION 5. The City Council Secretary shall certify the passage of approval and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 20th day of May 2026, by the following vote, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________

ELAINE HOLMES
MAYOR
ATTEST:
_______________________

SABDI SANCHEZ, MMC

DIRECTOR OF CITY CLERK SERVICES

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 637 of 831 RESOLUTION NO. 10564
RESOLUTION NO. 10564 OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, APPROVING THE CONDITIONAL USE PERMIT FOR THE MADISON POINTE PHASE 1 PROJECT (CASE FILE NO. PLAN-CUP-25-0006)

CONSISTING OF A DRIVE-THROUGH RESTAURANT AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND MADISON STREET (APN’S: 600-240-005, - 016, -020, AND -021), AND DETERMINING THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332 (CLASS 32 – IN-FILL DEVELOPMENT) AND SECTION 15183 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES.

WHEREAS, on September 21, 2022, the City Council conducted a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan, reviewed the staff report, accepted and considered public testimony and approved Resolution No. 10326 adopting the Highway 111 Corridor Specific plan and repealing the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan-300 (MUSP-300); and, WHEREAS, on September 21, 2022, the City Council approved Resolution No. 10325 making a finding of consistency with the Program Final environmental Impact Report (PFEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the adoption of the Highway 111 Corridor Specific Plan; and, WHEREAS, Schmid Desert Investments, LLC, 17332 Irvine Boulevard, Suite 250, Tustin, CA 92780 submitted an initial application on November 21, 2021 for Specific Plan approval for four (4) parcels identified as Assessor's Parcel Numbers (APN's) 600-240-005, 600-240-016, 600-240-020 and 600-240-021 located at the southwest corner of the intersection of Madison Street and Highway 111 within the municipal limits of the City of Indio; and,
WHEREAS, Schmid Desert Investments, LLC., subsequently determined to not proceed with the processing of a Specific Plan for the subject properties and chose to be considered under the provisions of the Highway 111 Corridor Specific Plan; and, WHEREAS, the applicant in the submitted application materials contends that the Madison Pointe Mixed Use Project is intended to implement the vision of the Highway 111 Corridor Specific Plan and the General Plan 2040 pertaining to land use patterns, intensities, densities, building and site design and public right-of-way improvements; and,
WHEREAS, Schmid Desert Investments, LLC., requested a Master Planned Development Permit (MPD) approval pursuant to the provisions of the adopted Highway 111 Corridor Specific Plan for a mixed-use project comprised of up to 400 senior housing apartment units, a 130-key hotel, 30,000 square feet of medical / office space, and 15,500 square feet of commercial retail uses along with open space, recreational, and outdoor gathering spaces as unifying project design features and pedestrian access

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 638 of 831 and integration between the planned on-site uses and between the project site and adjacent properties and adjacent public rights-of-way; and, WHEREAS, on November 21, 2022, the Planning Commission approved the request for Master Planned Development Permit for the Madison Pointe Mixed-Use Project located southwest of the intersection of Madison Street and Highway 111 pursuant to the Highway 111 Corridor Specific Plan adopted on September 21, 2022 and finding that the project is exempt from further environmental pursuant to Section 15183 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, on June 19, 2025, the Applicant’s Representatives, Jim Fitzpatrick and MSA Consulting, Inc on behalf of Schmid Desert Investments, LLC., submitted an application for the development four (4) buildings on 4.8-acres for the Madison Pointe Phase 1 project, which will serve as the first implementing project for the Master Planned Development Permit (“Project”); and
WHEREAS, on February 25,2026, following the public hearing and Planning Commission deliberation, the “Project” was continued to the Planning Commission of March 25, 2026, for the review of the revised project design that excludes a car wash; and
WHEREAS, On March 25, 2026, staff requested that the Planning Commission continue the Project to a regular scheduled Planning Commission meeting date of April 8, 2026, at 6:00pm, to allow various Departments to complete the review of the revised project consisting of the development of three (3) buildings on 3.71-acres for the Madison Pointe Phase 1 project; and
WHEREAS, the Project site is located on the southwest corner of Highway 111 and Madison Street in the City of Indio, Riverside County, California (APN’s: 600-240- 005, -016, -020, and -021) (“Property”); and
WHEREAS, the Project site is designated Mixed Use Neighborhood and Connected Neighborhood High in the General Plan 2040, has a zoning designation of Mixed-Use Corridor (MUN) and Neighborhood General (NG) under the Highway 111 Corridor Specific Plan; and
WHEREAS, the Project is consistent with and intended to implement the vision of the Highway 111 Corridor Specific Plan and the City of Indio General Plan 2040 pertaining to land use patterns, densities, building and site design, and neighborhood compatibility; and
WHEREAS, Section§ 15168 (c)(2) specifies that if the agency finds that pursuant to Section§ 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental documentation would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 639 of 831 on substantial evidence in the record. Factors that an agency may consider in making the determination include, but are not limited to, consistency of the later activity with the type of allowable land use, planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure as described in the Program EIR (PFEIR); and,
WHEREAS, Section§ 15162 specify the following: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (8) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative; and,
WHEREAS, Section § 15162 (b) specifies that if changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation; and, WHEREAS, Section §15183 (Projects Consistent with a Community Plan or Zoning) of the California Environmental Quality Act (CEQA) Guidelines, subsection (a) states that additional environmental review is not required for projects "which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified", except as might be necessary to determine whether there are project-specific significant effects; and, WHEREAS, environmental review for the Project was conducted pursuant to the California Environmental Quality Act (CEQA). The City of Indio, acting as Lead Agency,

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 640 of 831 determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15332 (Class 32 – In-Fill Development), as it meets all conditions of the exemption; and
WHEREAS, in accordance with Government Code Section 65090, on February 13, 2026, City staff published a legal notice of public hearing in The Desert Sun, the newspaper of record, and mailed notices of public hearing on February 10, 2026, to all property owners within 500 feet of the boundaries of the proposed Project; and WHEREAS, On February 25, 2026, following the public hearing the “Project” was continued to a date and time certain of March 25, 2026, at 6:00 PM; and WHEREAS, On March 25, 2026, the Planning Commission continued the “Project” to a date and time certain of April 8, 2026, at 6:00 PM; and WHEREAS, on April 8, 2026, the Planning Commission held a duly noticed public hearing to consider the Conditional Use Permit application (Case File No. PLANCUP-25-0006), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and WHEREAS, on April 8, 2026, the Planning Commission recommended approval of the “Project” including Planning Review, Conditional Use Permit and Tentative Tract Map; and
WHEREAS, in accordance with Government Code Section 65090, on May 1, 2026, City staff published a legal notice of public hearing in The Desert Sun, the newspaper of record, and mailed notices of public hearing on April 27, 2026, to all property owners within 500 feet of the boundaries of the proposed Project; and WHEREAS, the City Council held a duly noticed public hearing to consider the Conditional Use Permit application (Case File No. PLAN-CUP-25-0006), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and
WHEREAS, the City Council has considered the staff report, project plans, CEQA justification letters, and all evidence presented at the public hearing, and finds that the Conditional Use Permit application is consistent with the General Plan, Highway 111 Corridor Specific Plan, the Unified Development Code, and applicable provisions of the Subdivision Map Act.

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

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 641 of 831 and are incorporated into this Resolution by reference and constitute a material part of this Resolution.

SECTION 2. Environmental Evaluation. Section 6.03.06 of the Unified Development Code states that all “projects” as defined by the California Environmental Quality Act (CEQA) shall be reviewed for compliance with, or exemption from, CEQA and its Guidelines. Environmental review for the proposed project was conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). The City of Indio, acting as Lead Agency, determined that the proposed Project is consistent with the applicable General Plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The site can be adequately served by all required utilities and public services. The Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 (In-fill Development) and Section 15183 (Projects consistent with a community plan and zoning). Accordingly, no further environmental documentation is required.

PLAN-CUP-25-0006 as follows:
a. The project site is zoned Mixed-Use Corridor (MU-C) and Neighborhood General (NG) under the Highway 111 Corridor Specific Plan. General retail, restaurants, and convenience markets are permitted uses under both zones. Limited Land Uses such as drive-through restaurants require a Conditional Use Permit and approved by the City Council (PLAN-CUP-25-0006). All other applicable provisions, including parking, signage, and building code requirements, have been addressed through this discretionary review and are subject to conditions of approval. b. The project is consistent with the City of Indio General Plan 2040 designations of Mixed Use Neighborhood (MUN) and Connected Neighborhood High (CNH), as well as the Highway 111 Corridor Specific Plan. Although drive-throughs are not part of the Highway 111 Corridor Specific Plan’s vision to create a pedestrian-friendly, mixed-use environment, they are permitted as Limited Land Uses within Subarea 8 with approval of a CUP by the City Council. The proposed uses support the intent of the Highway 111 Corridor by transforming into a lively mixed-use area with retail, commercial, and pedestrian-oriented corridors. The project promotes goals LU-1 and LU-4 of the General Plan, which call for a defined citywide urban structure and high-quality building designs.

The project also complies with the Illustrative Site Plan approved through the Master Planned Development (MPD) Permit.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 642 of 831 c. The site is located in an established urban area with adequate vehicle, pedestrian, emergency access, and utility services. The proposed subdivision and development meet all health and safety standards, including stormwater retention, landscaping, and infrastructure improvements. The project is not located near sensitive habitat or geologic constraints. All improvements are designed to protect public health and safety, and the project is not expected to cause harm to surrounding properties or the community.
d. While the project includes variations such as single-story buildings below the MU-C minimum height requirement, these can be approved under the Limited Land Use provisions (Section 3.14) to facilitate near-term economic revitalization. The project complies with development standards for floor area ratio, building height (within the exceptions), parking, building placement, signage, and site design. Certain minor deviations, such as front setback distances for some pads, are approved pursuant to CUP and Limited Land Use provisions. In order to enable market forces to attract nearterm reinvestment to the Mixed-Use Corridor zone, the Specific Plan provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea may be approved in the Mixed-Use Corridor Zone through the Conditional Use Permit (CUP) process.
e. The project is located in a mixed-use corridor with adjacent vacant, residential, commercial, and agricultural uses, all consistent with the General Plan and Specific Plan land use designations. The development’s scale, building heights, and uses are compatible with the existing surrounding neighborhoods and support planned future mixed-use growth. The project maintains compatibility by incorporating pedestrian amenities, landscaping, and appropriate building articulation, and by including access roads that connect to the surrounding street network without disrupting existing uses or community character.
f. The site consists of four vacant parcels totaling approximately 20.2 acres, with no significant topographic or geologic constraints. Access is available via existing and proposed driveways from Highway 111 and Madison Street, with a planned signalized intersection to improve circulation. The site can be served by existing utilities (water, sewer, stormwater) as confirmed by city departments. The proposed densities and building sizes are within the allowable floor area ratios and height requirements (with conditional use permit exceptions). Stormwater management and landscape plans are in place to support the development sustainably.

SECTION 4. Recommendation. Based on the foregoing, the City Council hereby CONDITIONALLY APPROVE the Conditional Use Permit application (Case File No. PLAN-CUP-25-0006) for the Madison Pointe Phase 1 Project. The Applicant shall demonstrate compliance with all conditions of approval as specified in the Resolution. Failure to comply with these conditions may result in delays to project implementation or the rescission of project approval by the City of Indio, in accordance with applicable procedures. Where the term “Applicant” is used in any condition of

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 643 of 831 approval, it shall also apply to the property owner, developer, or any successor in interest. It is the Applicant’s or successor’s responsibility to comply fully with all conditions, unless subsequently modified through the City’s established procedures.

A. General Conditions of Approval:

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

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-CUP-25-0006) 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 towards completion on the site which was the subject to the application, or a certificate of occupancy is issued; otherwise, this Planning Review Discretionary approval will automatically expire unless an extension of time has been granted as specified in Section 6.03.15 of the Unified Development Code. or as otherwise prescribed by the City of Indio Unified Development Code.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 644 of 831 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.

8. The provisions of the Highway 111 Corridor Specific Plan shall govern.

9. All signage shall comply with the approved sign package or the Highway 111 Corridor Specific Plan Section 3.11 (Private Signage).

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 645 of 831

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

3.13.E of the Highway 111 Corridor Specific Plan and the state-mandated water efficiency ordinance, WELO (Gov. Code § 65595).

11.The applicant shall confirm that all proposed trees shown on the approved landscape plan shall be installed at a minimum size of twenty-four inch (24”) box.

12.The applicant shall confirm that all palm trees shown on the approved landscape Plan shall be installed at a minimum height of twenty (20) feet.

13.The Applicant shall construct perimeter walls around the project site in compliance with the height, material, and design requirements of the Highway 111 Corridor Specific Plan.

1. Max: 4.0

2. Min: 0.2

3. Max average: 0.8

4. Uniformity ratio (max/min): 20/1

5. Uniformity ratio (average/min): 4/1

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 646 of 831 e. Chapter 3.10 (Facades and Frontages)
f. Chapter 3.11 (Private Signage)
g. Chapter 3.12 (Parking)
h. Chapter 3.13 (Site Design)
i. Chapter 3.14 (Limited Uses in the MU-C Zone)

17.The applicant shall install a four-foot-high split rail fence, or an alternative barrier approved by the Community Development Director, to separate Phase 1 and Phase 2 of the project as depicted on the site plan or any subsequent phases.

20.Provide a copy of a fire flow verification from the local water purveyor, Indio Water Authority, in the form of a letter, and graph depiction specifying the fire flow.

Verification shall be prior to building permit issuance. (CFC) 507.3 3.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 647 of 831

24.Requests for installation of Traffic Calming designs/devices on Fire Apparatus Access Roads are prohibited unless submitted and approved by the Office of the Fire Marshal.

25.Phased Construction Access: If construction is phased, each phase shall provide approved access for fire protection prior to any construction (CFC 503.1)

27.Fire Sprinkler System: All structures 3,600 sq ft or larger will be required to install a Fire Sprinkler System CFC 903.2 and NFPA 13 as amended by City of Indio.

28.Fire Alarm and Detection System: A waterflow monitoring system and/or Fire Alarm system will be required per CFC 903.4, 907.2 and NFPA 72.

30.Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required CFC 505.1.

31.See below for Battery Energy Storage Systems

32.All plan submittals and revisions must be electronically submitted via the Customer Service Portal at www.indio.org

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 648 of 831 g. Details on fire suppression, smoke or fire detection, thermal management, ventilation, exhaust and deflagration venting systems, if provided. i. A separate permit is required for a fire suppression system if provided.
ii. A separate permit is required for a gas, smoke, or fire detection system if provided.
iii. Calculations or modeling data to determine compliance with NFPA 68 and NFPA 69 for exhaust and deflagration venting systems when provided shall be submitted for review.
h. Support arrangement associated with the installation, including any required seismic restraint.
i. A commissioning plan complying with CFC Section 1207.2.1 shall include the following:
i. A narrative description of the activities that will be accomplished during each phase of commissioning, including the personnel intended to accomplish each of the activities.
ii. A listing of the specific ESS and associated components, controls and safety-related devices to be tested, a description of the tests to be performed and the functions to be tested.
iii. Conditions under which all testing will be performed, which are representative of the conditions during normal operation of the system.
iv. Documentation of the owner’s project requirements and the basis of design necessary to understand the installation and operation of the ESS.
v. Verification that required equipment and systems are installed in accordance with the approved plans and specifications.
vi. Integrated testing for all fire and safety systems. vii. Testing for any required thermal management, ventilation or exhaust systems associated with the ESS installation.
viii. Preparation and delivery of operation and maintenance documentation.
ix. Training of facility operating and maintenance staff. x. Identification and documentation of the requirements for maintaining system performance to meet the original design intent during the operation phase.
xi. Identification and documentation of personnel who are qualified to service, maintain and decommission the ESS, and respond to incidents involving the ESS, including documentation that such service has been contracted for.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 649 of 831 xii. A decommissioning plan for removing the ESS from service, and from the facility in which it is located. The plan shall include details on providing a safe, orderly shutdown of energy storage and safety systems with notification to the code officials prior to the actual decommissioning of the system. The decommissioning plan shall include contingencies for removing an intact operational ESS from service, and for removing an ESS from service that has been damaged by a fire or other event.
j. A decommissioning plan complying with CFC Section 1207.2.3. k. A failure modes and effects analysis (FMEA) or other approved hazard mitigation analysis shall be provided in accordance with CFC Section 104.8.2 under any of the following conditions:
i. Where ESS technologies not specifically identified in CFC Table 1207.1 are provided.
ii. More than one ESS technology is provided in a room or enclosed area where there is a potential for adverse interaction between technologies.
iii. Where allowed as a basis for increasing maximum allowable quantities. See Section CFC 1207.5.2.
iv. Where required for existing lithium-ion ESS systems that are not UL 9540 listed. e. Where required for outdoor lithium-ion battery ESS systems exceeding 600 kWh.
l. Where required elsewhere in CFC Section 1207, large-scale fire testing shall be conducted on a representative ESS in accordance with UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in CFC Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with CFC Section 104.8.2.
m. An Emergency Operations Plan shall be provided which includes the following:
i. Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe startup following cessation of emergency conditions. ii. Procedures for inspection and testing of associated alarms, interlocks, and controls.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 650 of 831 iii. Procedures to be followed in response to notifications of system alarms or out-of-range conditions that could signify potentially dangerous conditions, including shutting down equipment, summoning service or repair personnel, and providing agreed-upon notification to fire department personnel, if required. iv. Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions.
v. Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
vi. Procedures for dealing with ESS equipment damaged in a fire or other emergency event, including contact information for personnel qualified to safely remove damaged ESS equipment from the facility.
vii. Other procedures as determined necessary by the AHJ to provide for the safety of occupants and emergency responders.
viii. Procedures and schedules for conducting drills of these procedures.
n. Other Technical Reports as required by the Fire Code Official.

34.ESS installations shall be in accordance with the 2022 California Fire Code and NFPA 855, subject to the approval of the Fire Code Official.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 651 of 831

36.Indoor ESS installations exceeding the maximum allowable quantities in CFC Table 1207.5 shall require additional technical reports including but not limited to the following, and shall be subject to the approval of the Fire Code Official:
a. The Hazard Mitigation Analysis (HMA) shall include the following additional failure modes:
b. The failure of a single safety system during a thermal runaway event. c. The failure of multiple safety systems at the same time. d. Failure of temperature control required to be addressed by the HMA

These conditions include atmospheric stability class F (stable atmosphere), a wind speed of 1.5 meters per second (3.4 miles per hour), and a temperature of 77°F.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 652 of 831 i. “ENERGY STORAGE SYSTEM,” “BATTERY STORAGE
SYSTEM,” “CAPACITOR ENERGY STORAGE SYSTEM” or the
equivalent.
ii. The identification of the electrochemical ESS technology present. iii. “ENERGIZED ELECTRICAL CIRCUITS.”
iv. Where water-reactive electrochemical ESS are present, the signage shall include “APPLY NO WATER.”
v. Current contact information, including phone number, for personnel authorized to service the equipment and for fire mitigation personnel required by CFC Section 1207.1.6.1.
b. Exception: Existing electrochemical ESS shall be permitted to include the signage required at the time they were installed.

40.During the commissioning process an ESS shall be evaluated for proper operation in accordance with the manufacturer’s instructions and the commissioning plan prior to final approval.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 653 of 831

48.Substations and switchyards shall be located on property that will transferred to IID in fee simple ownership with legal access.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 654 of 831 financial contribution will be facilitated through one or more cost-share or reimbursement agreements, or other financing arrangements reasonably acceptable to IID. If for any reason the substation is not constructed under the above mechanisms, your project may be required to directly support or facilitate its construction. Additionally, your project must install one (1) new distribution feeder (conduit and cable) from the proposed substation to the development site. The highlevel cost estimate is $1.8 million (subject to change). Please note that the distribution extension cost is in addition to your project’s pro rata share of the substation costs.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 655 of 831

54.Please be advised that pursuant to IID process, the standard time frame for the new substation transformers acquisition (engineering, equipment procurement and construction) requires a minimum of 24 months. As a result, Developer should adjust its project in-service dates accordingly. The procurement of the substation second 28 MVA transformer will commence upon receipt of the Customer Service Proposal for the substation transformer acquisition, including customer payment for the required substation upgrade and equipment deemed necessary.

58.On-site and Off-site water improvement plans are required for fire, domestic and irrigation. Contact [email protected] for instructions on plan submittal.

59.Looping of the water system on Hwy 111 and Madison St. is required and all new meters, hydrants and fire services shall tie to the new DIP water main on site.

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Resolutions Nos. 10563, 10564, and 10565, Review of Planning Commission ... Page 656 of 831 required to provide a dual meter installation connecting to a different water main where possible.