Indio City Council
July 15, 2026

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1281 of 1638 33 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.
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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1282 of 1638 34 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.

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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1283 of 1638 35 116. 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. 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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1284 of 1638 36 125. 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.

SECTION 5. The Planning Commission Secretary shall certify the passage of approval and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 8
th day of April 2026, by the
following vote, to wit:

AYES: Franz, Ortiz, Santos, Scarborough-Eckel, Slater
NOES: None
ABSTAIN: None
ABSENT: None
_____________________________

GLORIA FRANZ

PLANNING COMMISSION CHAIRPERSON
ATTEST:
_______________________

PAULINA MENDOZA

COMMISSION SECRETARY
Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1285 of 1638 1 RESOLUTION NO. 2130

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIO,

CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE 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 and Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1286 of 1638 2 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 on Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1287 of 1638 3 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, determined that the Project is exempt from further environmental review pursuant to Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1288 of 1638 4 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. PLAN-CUP25-0006), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission approves this resolution, conditionally recommending approval to the City Council of the Conditional Use Permit application for the Madison Pointe Phase 1 Project (Case File No. PLAN-CUP-25-0006), subject to the conditions of approval stated herein and as documented in the meeting minutes of the April 8, 2026 Planning Commission meeting.

NOW, THEREFORE, THE PLANNING COMMISSION 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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1289 of 1638 5 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.

SECTION 3. Planning Review Findings. Based upon the evidence presented at the hearing, including the staff report, the Planning Commission 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-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.
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 near-term reinvestment to the Mixed-Use Corridor zone, the Specific Plan provides standards and Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1290 of 1638 6 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 Planning Commission of the City of Indio recommends that the City Council 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 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.

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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1291 of 1638 7 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-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.

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 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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1292 of 1638 8 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).

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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1293 of 1638 9 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)
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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1294 of 1638 10 initiate a review of the PLAN-PRD-25-0018, PLAN-CUP-25-0006, and PLAN-TTM-25- 0004 based on verified complaints or evidence of non-compliance.

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.

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.

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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1295 of 1638 11 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. 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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1296 of 1638 12 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 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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1297 of 1638 13 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 walkin 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 start-up 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 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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1298 of 1638 14 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.

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

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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1299 of 1638 15 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.”
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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1300 of 1638 16 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 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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1301 of 1638 17 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 construction.

Additionally, your project must install one (1) new distribution feeder (conduit and cable) from the proposed substation to the development site. The high-level 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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1302 of 1638 18 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.

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.

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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1303 of 1638 19 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.

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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1304 of 1638 20 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

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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1305 of 1638 21 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.

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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1306 of 1638 22 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.

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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1307 of 1638 23 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.
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) Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1308 of 1638 24 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.

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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1309 of 1638 25 115. 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. 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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1310 of 1638 26 124. 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.

SECTION 5. The Planning Commission Secretary shall certify the passage of, approval, and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 8
th day of April 2026, by thefollowing
vote, to wit:

AYES: Franz, Ortiz, Santos, Scarborough-Eckel, Slater
NOES: None
ABSTAIN: None
ABSENT: None
_____________________________

GLORIA FRANZ

PLANNING COMMISSION CHAIRPERSON
ATTEST:
_______________________

PAULINA MENDOZA

COMMISSION SECRETARY
Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1311 of 1638 RESOLUTION NO. 2131

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIO,

CALIFORNIA, RECOMMENDING THE CITY COUNCIL CONDITIONALLY APPROVE TENTATIVE TRACT MAP NO. 34804 FOR THE MADISON POINTE PHASE 1 PROJECT (CASE FILE NO. PLAN-TTM-25-0004) PROPOSING TO SUBDIVIDE 20.20-ACRES COMPRISED OF FOUR (4) EXISTING PARCELS (APN’S: 600-240-005, -016, -020, AND -021) INTO EIGHT (8) LOTS FOR MIXEDUSE DEVELOPMENT AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND

MADISON STREET, 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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1312 of 1638 2 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
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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1313 of 1638 3 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, 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, Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1314 of 1638 4 determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15332 (Class 32 – In-Fill Development) and Section 15183 (Project 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 Tentative Tract Map application (Case File No. PLAN-TTM-25- 0004), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission approved this Resolution, conditionally recommending that the City Council approve the Tentative Tract Map application for the Madison Pointe Phase 1 Project (Case File No. PLAN-TTM-25-0004), subject to the conditions of approval stated herein and as documented in the meeting minutes of the April 8, 2026, Planning Commission meeting.

NOW, THEREFORE, THE PLANNING COMMISSION 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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1315 of 1638 5 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 (Project consistent with a community plan or zoning). Accordingly, no further environmental documentation is required.

SECTION 3. Tentative Tract Map Findings. Based upon the evidence presented at the hearing, including the staff report, the Planning Commission hereby finds and determines the tentative map complies with the necessary findings as required by the Highway 111 Corridor Specific Plan and the Master Planned Development Permit, the Unified Development Code for Planning Case File No. PLAN-TTM-25-0004 as follows:
a. The property is designated Mixed Use Neighborhood and Connected Neighborhood High in the General Plan 2040, with a zoning designation of Mixed-Use Corridor and Neighborhood General under the Highway 111 Corridor Specific Plan. The Mixed Use The property is designated Mixed Use Neighborhood and Connected Neighborhood High in the General Plan 2040, with a zoning designation of Mixed-Use Corridor and Neighborhood General under the Highway 111 Corridor Specific Plan. The Mixed Use Neighborhood land use designation provides moderate-to-higher intensity neighborhood development that features a variety of multifamily housing choices and commercial uses along major streets. The Connected Neighborhood High 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 medium-sized multifamily buildings designs for neighborhood compatibility. The Mixed-Use Corridor (MU-C) zone is intended to implement the vision for Highway 111 to evolve into a mixeduse 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. The Neighborhood General (NG) zone provides a lively neighborhood environment that offers a variety of housing types and choices within easy walking and biking distance from the numerous neighborhood-serving amenities along the corridor and other activity centers within the zone. Buildings in the NG zone range from neighborhood scale types (“Missing Middle Housing”) to more urbanscale 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. The proposed Tentative Tract Map No. 34804 (Case No. PLAN-TTM-25-0004) will subdivide four existing parcels (APN’s: 600-240-005, -016, -020, and -021) totaling approximately 20.2-acres into eight parcels for mixed-use purposes. All future development within the boundaries of Tentative Tract Map No. 34804 will be required to comply with the Mixed-Use Corridor (MU-C)/ Neighborhood General (NG) development standards and complete a formal planning review entitlement process to ensure Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1316 of 1638 6 consistency with the City of Indio General Plan 2040 and the Highway 111 Corridor Specific Plan.
b. The project proposes subdivide an existing 20.2-acres (APN’s: 600-240-005, -016, - 020, and -021) acre parcel into eight parcels. No new public street dedications are proposed, and the subdivision will be served by existing surrounding roadways, access points and utility connections. Approval of the Tentative Tract Map No. 34804 will establish the lots and provide for the necessary utility and service connections in compliance with the Mixed-Use Corridor (MU-C)/Neighborhood General (NG) zoning and Mixed Use Neighborhood/ Connected Neighborhood High land use designation of the General Plan 2040. Development on each lot withing the Madison Pointe Phase 1 project will be required to undergo grading and building permit review to ensure consistency with the Unified Development Code, the General Plan, and applicable City standards. The Project is not within a Development Agreement governing the design or improvements of the proposed subdivision.
c. The project site is located at the southwest corner of Highway 111 and Madison Street, within an established urban area of the City of Indio. The parcel is generally flat, contains no significant topographical constraints, and is not located within an area of known geologic instability. Access to the property is available from Highway 111 and Madison Street, which connect to the City’s broader street network. Adequate circulation and utility connections can be provided, ensuring access for vehicles, pedestrians, and emergency services in compliance with City standards. Based on these factors, the proposed subdivision is physically suitable for the intended mixed-use development. d. The project site has a General Plan land use designation of Mixed Use Neighborhood (MUN) and Connected Neighborhood High (CNH) and a zoning designation of Mixed-Use Corridor and Neighborhood General under the Highway 111 Corridor Specific Plan. Under the Mixed Use Neighborhood (MUN) new development has a maximum floor area ratio of 0.5 and a floor area ratio of 0.25 for Connected Neighborhood High. 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 a maximum height of 4 stories. The project is proposing the following floor area ratio and maximum height as follows:

Table C – Density and Intensity
Lot Lot Size (Sq. Ft) Building Size (Sq. Ft) FAR Building Height 3 52,272 5,000 0.11 26’-2”
4 42,688.8 2,400 0.06 20’
7 66,646.8 3,060 0.05 25’
The Project is within the parameters of the floor area ratio requirements and the height/ story requirements. These characteristics demonstrate that the site and the project are physically suitable for the proposed density. The Project does not meet the minimum story requirement of the Mixed-Use Corridor zone, as it proposes one-story buildings where multi-story development is anticipated. However, it remains within the applicable floor to area ratio and height standards and may be considered consistent pursuant to the Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1317 of 1638 7 flexibility provisions of the Specific Plan. The Highway 111 Corridor Specific Plan recognizes that many of the existing 1- and 2-story buildings along the corridor may remain for an indefinite period of time, and that current and near-term market forces may not support the feasibility of 3-story and greater development within some properties within the Mixed-Use Corridor Zone. In order to enable market forces to attract near-term 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 site is located within a fully urbanized area, surrounded by existing residential and commercial development. The parcels consist of previously disturbed vacant land with compacted soils and minimal vegetation. There are no watercourses, wetlands, or other sensitive habitat areas present on the property. Based on the City’s environmental review, the project qualifies for a CEQA Guidelines Section 15332 (Class 32 – In-Fill Development) Categorical Exemption, and no significant impacts to biological resources will occur. Therefore, the subdivision and proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
f. The subdivision proposes 8 parcels; seven numbered lots and one letter lot (see Table B), for mixed use purposes with access to existing urban infrastructure. The Indio Water Authority and Public Works Department have confirmed that adequate water, sewer, and utility services are available to serve the project site. The project will be conditioned to construct or connect to all necessary infrastructure, including sewer laterals, water connections, storm drains, and utilities, in compliance with City standards. With these improvements in place, the subdivision will be adequately served by public infrastructure, and the design of the subdivision is not likely to cause serious public health problems. g. As proposed, Tentative Tract Map No. 34804 does not conflict with any public easements acquired for access or use by the public at large. The site is accessed from existing City streets, and no public access rights will be impaired or altered by the subdivision. The City’s review departments have confirmed that the proposed lot configuration and access do not interfere with existing easements. Therefore, the subdivision’s design is in harmony with existing public easements and access rights.

SECTION 4. Recommendation. Based on the foregoing, the Planning Commission of the City of Indio recommends that the City Council CONDITIONALLY APPROVE the Tentative Tract Map No. 34804 application (Case File No. PLAN-TTM25-0004) 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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1318 of 1638 8 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.

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-TTM-25-0004) 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 156.024(C) of the Indio Subdivision Regulations 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, Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1319 of 1638 9 losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Project Approvals and Operations. This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described in this paragraph, the City shall have the right, among other remedies, to revoke the approvals for the Project without any liability to the Applicant.

In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City.

Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply, and the Applicant shall cooperate fully with the City in the defense.

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

5. The Applicant 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. 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).

10.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.

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

12.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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1320 of 1638 10 13.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

14.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 PLAN-TTM-25- 0004 based on verified complaints or evidence of non-compliance.

15.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.

16.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.

17.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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1321 of 1638 11 structure. Minimum fire hydrant location and spacing shall comply with CFC and NFPA

14. 18.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.

19.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.

20.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.

21.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.

22.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.

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

24.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.

25.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.

26.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.

27.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.

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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1322 of 1638 12 28.Addressing: All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required CFC 505.1.

29.See below for Battery Energy Storage Systems

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

31.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. 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.

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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1323 of 1638 13 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 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.

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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1324 of 1638 14 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 walkin 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 start-up 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 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.

32.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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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1325 of 1638 15 33.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.

34.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

35.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.

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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1326 of 1638 16 36.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.

37.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.”
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.

38.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.

39.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.

40.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.

41.Prior to the ESS systems being placed online, a fire inspection shall be required to verify the following:

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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1327 of 1638 17 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.

42.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 improvements imposed by the local governing authority shall also be at the project proponent cost.

43.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.

44.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.

45.The applicant will be required to provide rights of ways and easements for any proposed power line extensions and/or any other infrastructure needed to serve the project. 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.

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

47.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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1328 of 1638 18 (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 construction.

Additionally, your project must install one (1) new distribution feeder (conduit and cable) from the proposed substation to the development site. The high-level 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.

48.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.

49.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.

50.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 Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1329 of 1638 19 completion or IID is unable to hold system capacity to the detriment of other customers.

51.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.

52.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.

53.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.

54.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.

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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1330 of 1638 20 55.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.

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

57.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.

58.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.

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

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

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

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

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

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

65.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.

66.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.

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

68.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
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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1331 of 1638 21 69.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.

70.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

71.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

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

73.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.

74.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.

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

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

77.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.

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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1332 of 1638 22 78.The proposed project will comply with all VSD and other agency standards and requirements.

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

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

81.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.

82.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.

83.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.

84.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.

85.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.

86.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.

87.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.

88.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.

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

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

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Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1333 of 1638 23 91.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.

92.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.

93.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.

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

PRIOR TO ISSUANCE OF BUILDING PERMIT

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

96.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.

97.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

98.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.

99.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
Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1334 of 1638 24 Diamond Bar, CA 91765
(800) CUT-SMOG (288-7664)
100. Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit.
101. 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
102. 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. 103. 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.
104. 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.
105. 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.
106. 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.

Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1335 of 1638 25 107. Applicant shall landscape and groundcover the temporary retention basin and install a wrought-iron fence if the basin is deeper than five feet. 108. 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.

DURING CONSTRUCTION
109. 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.
110. Prior to the issuance of a landscape water meter, the applicant must have a complete set of landscape plans signed and approved by IWA. 111. 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
112. 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.
113. 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.
114. Dispose of all material removals from the proposed project to an approved disposal site.
115. 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
Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1336 of 1638 26 116. 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.
117. Applicant shall make improvements to the west side of Madison Street to include fully landscaped and irrigated parkway along the property frontage. 118. 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. 119. Applicant shall obtain an encroachment permit prior to starting any street improvements within public right-of-way.
120. Applicant shall upgrade existing driveways along Highway 111 and Madison Street to comply with current Americans with Disabilities Act requirements. 121. 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.
122. 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.
123. The proposed project shall comply with Americans with Disabilities Act (ADA) requirements.
124. 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. 125. All overhead utilities less than 92kv, located within the project boundaries, bordering the project and/or fronting the project shall be undergrounded. 126. All improvements shall comply with City standards, requirements, and policies.

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

SECTION 5. The Planning Commission Secretary shall certify the passage of, approval, and adoption of this Resolution.
/ / /
/ / /
Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1337 of 1638 27 PASSED, APPROVED, and ADOPTED this 8
th day of April 2026, by thefollowing
vote, to wit:

AYES: Franz, Ortiz, Santos, Scarborough-Eckel, Slater
NOES: None
ABSTAIN: None
ABSENT: None
_____________________________

GLORIA FRANZ

PLANNING COMMISSION CHAIRPERSON
ATTEST:
_______________________

PAULINA MENDOZA

COMMISSION SECRETARY
Docusign Envelope ID: A0AA93BC-7A74-847D-83AE-D949337DC49B

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1338 of 1638 Vicinity Map
Project Site
0 0.05 0.1 0.2 mi
0 0.07 0.15 0.3 km
1:8,659
Madison Pointe Phase 1
Project
600-240-021
600-240-020
600-240-016
600-240-005

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1339 of 1638 PROJECT PLANS - Version II R
O
J
E
C
T P
L
A
N
S - V
e
rs
i
o
n I
I

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VICINITY ZONING MAP

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REFERENCE OVERALL MASTER PLAN
(SUBJECT TO CHANGE)
1”=60’-0”

PHASE I

RETENTION AREA

PHASE II

FUTURE DEVELOPMENT

RETENTION AREA

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1342 of 1638 Scale
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SWC OF HWY-111 & MADISON ST. INDIO , CA. SWC OF HWY-111 & MADISON ST. INDIO , PHASE I Project Plans - Version II HIGHWAY 111

MADISON STREET
AA
6’ MEANDERING WALKWAYS WITH DESERT CANOPY TREES WITH MIN. 3’ HIGH BERM 25’-0” MIN. LANDSCAPE AREA
MAIN PEDESTRIAN CONNECTION, TYP.

NAP
P1

SCREEN WALL

SCREEN WALL
P2
P4

ENLARGED RETAIL SITE PLAN
PEDESTRIAN CIRCULATION 0' 15' 30' 60'
N
1”=30’-0”

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1343 of 1638 05 N.A.P.

H I G H W A Y 1 1 1

M A D I S O N S T R E E T
MPDO-HWY111 SP
MPDO-HWY111 SP
MPDO-HWY111 SP
SUBURBAN NEIGHBORHOOD-8 (SN-8)
MUC-HWY111 SP MPDO-HWY111 SP

PROPOSED SIGNAL
1 inch = ft.
( IN FEET )
50 VALLEY SANITARY DISTRICT (760) 238-5400

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1344 of 1638 06 N.A.P.

H I G H W A Y 1 1 1

M A D I S O N S T R E E T

POTENTIAL VEHICULAR &

PEDESTRIAN CONNECTIONS

TO FUTURE DEVELOPMENT

POTENTIAL VEHICULAR &

PEDESTRIAN CONNECTIONS

TO FUTURE DEVELOPMENT

F U T U R E M U L T I - F A M I L Y

R E S I D E N T I A L

F U T U R E C O M M E R C I A L

D E V E L O P M E N T
MPDO-HWY111 SP
MPDO-HWY111 SP
MPDO-HWY111 SP
SUBURBAN NEIGHBORHOOD-8 (SN-8)
MUC-HWY111 SP MPDO-HWY111 SP EV CAPABLE EV CAPABLE EV CAPABLE EV CAPABLE EV CAPABLE EV CAPABLE TE

PROPOSED SIGNAL
1 inch = ft.
( IN FEET )
50

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1345 of 1638 N.A.P.

H I G H W A Y 1 1 1

M A D I S O N S T R E E T

TO FUTURE DEVELOPMENT

POTENTIAL VEHICULAR &

PEDESTRIAN CONNECTIONS

TO FUTURE DEVELOPMENT

F U T U R E M U L T I - F A M I L Y

R E S I D E N T I A L

F U T U R E C O M M E R C I A L

D E V E L O P M E N T
SP
MPDO-HWY111 SP
SUBURBAN NEIGHBORHOOD-8 (SN-8)
MUC-HWY111 SP MPDO-HWY111 SP EV CAPABLE EV CAPABLE EV CAPABLE EV CAPABLE EV CAPABLE EV CAPABLE TE PROPOSED SIGNAL 1 inch = ft. ( IN FEET ) 50
07

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1346 of 1638 Scale
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SWC OF HWY-111 & MADISON ST. INDIO , CA. SWC OF HWY-111 & MADISON ST. INDIO , PHASE I Project Plans - Version II N
0' 30' 60' 120'

RETAIL SITE PLAN
FUTURE

RETENTION BASIN

FOR ENTIRE SITE
(NAP)

TEMPORARY

PHASE I

RETENTION
BASIN
1”=60’-0”
5,500 SF2,400 SF3,000 SF
10,900 SF
31 STALLS26 STALLS29 STALLS86 STALLS
RETAILP1 - PAD BUILDING (RETAIL / FOOD/ SERVICE/ MEDICAL)P2 - PAD BUILDING (COFFEE WITH DRIVE-THRU)P4 - PAD BUILDING (ARTESAN GROCERY STORE) TOTALPARKING PROVIDEDP1P2P4TOTAL PARKING PROVIDED (4.17 AC)

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0' 30' 60' 120'

PERIMETER STANDARD BLOCK CALCULATION
FUTURE

RETENTION BASIN

FOR ENTIRE SITE
(NAP)

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MASTER TREE LEGEND

SYMBOL BOTANICAL NAME COMMON NAME SIZE WUCOLS MATURE SIZE

PALMS TREES
BRAHEA ARMATAMEXICAN BLUE PALM 5-10’ B.T.H. L-M 30’-40’ H 10’-15’ WPHOENIX DACTYLIFERADATE PALM 15-20’ B.T.H. H 80’ H 25’ WWASHINGTONIA ROBUSTAMEXICAN FAN PALM 15-20’ H 40’-100’ H 15’ W

ACCENT TREES
CHITALPA X TASHKENTENSISCHITALPA 24” BOX M 20’-30’ H 20’-25’ WLAGERSTROEMIA INDICACRAPE MYRTLE 24” BOX L-M 15’-20’ H 10’-15’ WPINUS ELDARICAMONDELL PINE 24” BOX L-M 30’-80’ H 15’-25’’ WTIPUANA TIPUTIPU TREE 24” BOX M 25’-40’ H 40’-60’ W

MULTI-TRUNK TREES
ACACIA SALICINAWILLOW ACACIA 36” BOX L 25’-30’ H 10’-15’ WCERCIDIUM X ‘DESERT MUSEUM’DESERT MUSEUM PALO VERDE 36” BOX L 20’-25’ H 30’-35’ WOLEA EUROPAEA ‘SWANHILL’SWAN HILL OLIVE TREE 36” BOX M 20’-30’ H 25’-35’ W

CANOPY TREES
PROSOPIS GLANDULOSATEXAS HONEY MESQUITE 24” BOX L-M 20’-25’ H 30’-35’ W QUERCUS VIRGINIANASOUTHERN LIVE OAK 24” BOX M 40’-50’ H 40’-100’ W

MASTER SHRUB LEGEND

SYMBOL BOTANICAL NAME COMMON NAME SIZE WUCOLS MATURE SIZE

GROUNDCOVERS
ACACIA REDOLENS ‘DESERT CARPET’DESERT CARPET 5 GAL. L 18-24” H 10-12’ WCHRYSACTINIA MEXICANADAMIANITA 5 GAL. L 18-24” H 18-24” WLANTANA CAMARA ‘NEW GOLD’NEW GOLD LANTANA 5 GAL. M 2-5’ H 3-5’ WLIRIOPE SPP.TURF LILY 5 GAL. M 12-18” H 12” WOENOTHERA BERLANDIERICHIHUAHUAN PRIMROSE 5 GAL. L 6” H 4’ W

MEDIUM SHRUBS
BACCHARIS X ‘THOMPSON’BACCHARIS 15 GAL. L 2-3” H 6’ WCISTUS PURPUREUSORCHID ROCK ROSE 5 GAL. M 3’ H 4’ W

LARGE SHRUBS
CAESALPINIA PULCHERRIMARED BIRD OF PARADISE 5 GAL. M 5-8’ H 5-8’ WDALEA FRUTESCENS ‘SIERRA NEGRA’BLACK DALEA 5 GAL. M 3-5’ H 5-6’ WDISTICTUS X ‘RIVERS’ROYAL TRUMPET VINE 5 GAL. M 25’ H 25’ WDODONAEA VISCOSAHOP BUSH 5 GAL. M 10-12’ H 8-10’ WLEUCOPHYLLUM FRUTESCENSTEXAS RANGER 5 GAL. L-M 4-8’ H 4-8’ WLEUCOPHYLLUM LANGMANIAE ‘LYNN’S LEGACY’LYNN’S LEGACY TEXAS RANGER 5 GAL. L-M 4-5’ H 4-5’ W

ACCENTS
AGAVE DESERTIDESERT AGAVE 15 GAL. L 18-24” H 18-24” W AGAVE GEMINIFLORATWIN FLOWER AGAVE 15 GAL. L-M 3’ H 3-4’ WAGAVE PARRYIPARRY’S AGAVE 15 GAL. M 2’ H 2’ WALOE BARBADENSISALOE VERA 15 GAL. L 3-4’ H 3-4’ WDASYLIRION WHEELERIDESERT SPOON 15 GAL. L 4-5’ H 5-6’ WHESPERALOE PARVIFLORARED YUCCA 15 GAL. L 2-3’ H 3-4’ WHESPERALOE PARVIFLORA ‘YELLOW’YELLOW YUCCA 15 GAL. L 2-3’ H 3-4’ WPACHYCEREUS MARGINATUSMEXICAN FENCE POST 15 GAL. L 11-15’ H 6-10’ WSTIPA TENUISSIMAMEXICAN FEATHER GRASS 15 GAL. L 2-3’ H 2-3’ W SCALE 1” = 60’
0 15 30 60 120
1” = 60’-0” PHASE I
HIGHWAY 111

MADISON STREET
AA
Section A-A Scale: 1/4” = 1’-0”
P1
P2
P4
10

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ACACIA SMALLIISWEET ACACIA
CERCIDIUM X ‘DESERT MUSEUM’DESERT MUSEUM PALO VERDE

LAGERSTROEMIA INDICACRAPE MYRTLE
OLEA EUROPAEA ‘SWAN HILL’SWAN HILL OLIVE

PHOENIX DACTYLIFERADATE PALM

PROSOPIS GLANDULOSATEXAS HONEY MESQUITE

QUERCUS VIRGINIANASOUTHERN LIVE OAK

TIPUANA TIPUTIPU TREE

WASHINGTONIA ROBUSTAMEXICAN FAN PALMPHOENIX CANARIENSISCANARY ISLAND PALM

BRAHEA ARMATAMEXICAN BLUE PALM

TREES IMAGES

PHASE I
11

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SHRUB IMAGES
ACACIA REDOLENS ‘DESERT CARPET’PROSTRATE ACACIA

AGAVE DESERTIDESERT AGAVE

AGAVE GEMINIFLORATWIN FLOWER AGAVE

AGAVE PARRYIDESERT AGAVE

ALOE BARBADENSISALOE VERA
BACCHARIS X ‘STARN THOMPSON’PROSTRATE COYOTE BUSH

CAESALPINIA PULCHERRIMARED BIRD OF PARADISE

CISTUS PURPUREUSORCHID ROCK ROSE

CHRYSACTINIA MEXICANADAMIANITA
DALEA FRUTESCENS ‘SIERRA NEGRA’BLACK DALEA

DASYLIRION WHEELERIDESERT SPOON
DISTICTIS X ‘RIVERS’ROYAL TRUMPET VINE

DODONAEA VISCOSAHOP BUSH

HESPERALOE PARVIFLORARED YUCCA
HESPERALOE PARVIFLORA ‘YELLOW’YELLOW YUCCA
LANTANA CAMARA ‘NEW GOLD’NEW GOLD LANTANA

LEUCOPHYLLUM FRUTESCENSTEXAS RANGER
LEUCOPHYLLUM LANGMANIAE ‘LYNN’S LEGACY’LYNN’S LEGACY TEXAS RANGER LIRIOPE SPP.TURF LILY

OENOTHERA BERLANDIERICHIHUAHUAN PRIMROSE

PACHYCEREUS MARGINATUSMEXICAN FENCE POST

STIPA TENUISSIMAMEXICAN FEATHER GRASS

PHASE I
12

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AERIAL VIEW

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VIEW 1

KEY PLAN NOT TO SCALE
Perspective Eye Level Views
VIEW 1 EV CHARGING STATION / PAD P4 HIGHWAY 111 - STREET VIEW / PAD 1 & PAD 2VIEW 3 VIEW 4 VIEW 2
HIGHWAY 111 / MAIN ENTRY HIGHWAY 111 / NORTHWEST CORNER ENTRY

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KEY PLAN NOT TO SCALE
VIEW 7
VIEW 8
VIEW 5
VIEW 6
VIEW 5 HIGHWAY 111 / MAIN ENTRY / PAD P1VIEW 7 VIEW 8
VIEW 6
Perspective Eye Level Views
HIGHWAY 111 / MAIN ENTRY
HIGHWAY 111 - MAIN ENTRY / PAD 2
MADISON ST. / PAD 4

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KEY PLAN NOT TO SCALE
VIEW 10
VIEW 9
MADISON ST. ENTRY / PAD P4
VIEW 10
VIEW 9
MAIN ENTRY / PAD P1 & PAD P2
Perspective Eye Level Views

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KEY PLAN NOT TO SCALE

NORTH ELEVATION

EAST ELEVATION

SOUTH ELEVATION

WEST ELEVATION
P1 P3 P2 ST1 P4
P4 P1 P3
P3 P2 P4 P1 ST2
P1 P2 P3 GL P4
GL
ST2 MC GL
MC
+27’-0”
+24’-0”
+26’-2”
+28’-0”
+13’-6”
+26’-2”
+24’-0”
+13’-6”
+26’-2”
+24’-0”
+28’-0”
+20’-0”
+13’-6”
+26’-2”
+28’-0”
+13’-6”
STUCCO / PAINTSW 7004 SNOWBOUNDBY SHERWIN WILLIAMS
P1P2P3P4P5P6P7
STUCCO / PAINTSW 9165 GOSSAMER VEILBY SHERWIN WILLIAMSSTUCCO / PAINTSW 6177 SNOKEY TOPAZBY SHERWIN WILLIAMSPAINT SW 6258 TRICORN BLACKBY SHERWIN WILLIAMSPAINT / STUCCOSW 7652 MINERAL DEPOSITBY SHERWIN WILLIAMSPAINT / STUCCOSW 6902 DECISIVE YELLOWBY SHERWIN WILLIAMSPAINT SW 7622 HOMBURG GRAYBY SHERWIN WILLIAMS

STONE VENEERTEXAS RUBBLW - SUMMER COTTAGEBY CORONADO STONE ST1ST2 STONE VENEER
EASTER MOUNTAIN LEDGE VISTA POINTEBY CORONADO STONEMETAL CANOPY ASSEMBLY MCCOLOR TO MATCH P4

GL DOUBLE GLAZED LOW EV
STOREFRONT GLAZING WITHANODIZED ALUMINUM FRAMESSTEEL RAILINGCOLOR TO MATCH P4 SRL
MATERIALS / FINISHES:

SOLAR PANELSCANOPY ASSEMBLY
SP
MC
BUILDING P1 - Elevations
1/8”
NOTE: TENANT SIGNS SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE

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KEY PLAN NOT TO SCALE

NORTH ELEVATION

EAST ELEVATION

SOUTH ELEVATION

WEST ELEVATION
ST2 P1
P4
P1
P1
P1 P1 P3
P1 GL P3 ST2
P1
P2 SRL
P3 P4 ST2 P1
ST2 P1 P4 P3 P2 ST1 SRL
MC
MC
+24’-0”
+20’-0”
+25’-0”
+13’-6” +15’-0”
+25’-0”
+20’-0”
+24’-0”
+12’-10”
+15’-0”
+13’-6”
+24’-0”
+20’-0”
+25’-0”
+12’-10”
+16’-0”
+20’-0”
+24’-0” +25’-0”
+20’-0”
+15’-0” +15’-0”
STUCCO / PAINTSW 7004 SNOWBOUNDBY SHERWIN WILLIAMS
P1P2P3P4P5P6P7
STUCCO / PAINTSW 9165 GOSSAMER VEILBY SHERWIN WILLIAMSSTUCCO / PAINTSW 6177 SNOKEY TOPAZBY SHERWIN WILLIAMSPAINT SW 6258 TRICORN BLACKBY SHERWIN WILLIAMSPAINT / STUCCOSW 7652 MINERAL DEPOSITBY SHERWIN WILLIAMSPAINT / STUCCOSW 6902 DECISIVE YELLOWBY SHERWIN WILLIAMSPAINT SW 7622 HOMBURG GRAYBY SHERWIN WILLIAMS

STONE VENEERTEXAS RUBBLW - SUMMER COTTAGEBY CORONADO STONE ST1ST2 STONE VENEER
EASTER MOUNTAIN LEDGE VISTA POINTEBY CORONADO STONEMETAL CANOPY ASSEMBLY MCCOLOR TO MATCH P4

GL DOUBLE GLAZED LOW EV
STOREFRONT GLAZING WITHANODIZED ALUMINUM FRAMESSTEEL RAILINGCOLOR TO MATCH P4 SRL
MATERIALS / FINISHES:

SOLAR PANELSCANOPY ASSEMBLY
SP
BUILDING P2 - Elevations
1/8”

SUBJECT TO CHANGE

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KEY PLAN NOT TO SCALE

NORTH ELEVATION

EAST ELEVATION

SOUTH ELEVATION

WEST ELEVATION
P7 P5
P3 P1
P1
P1 P4 P1 P3
P7 P1 GL P4 P3
P1 P7
P3 P7 P3
MC
+25’-0”
+20’-0”
+11’-0”
+32’-0”
+32’-0”
+32’-0”
+25’-0”
+20’-0”
+32’-0”
+20’-0”
+25’-0”
SP
SP
+18’-0” clear
SP
LINE OF +6’-0” HIGH BLOCK FENCE
STUCCO / PAINTSW 7004 SNOWBOUNDBY SHERWIN WILLIAMS
P1P2P3P4P5P6P7
STUCCO / PAINTSW 9165 GOSSAMER VEILBY SHERWIN WILLIAMSSTUCCO / PAINTSW 6177 SNOKEY TOPAZBY SHERWIN WILLIAMSPAINT SW 6258 TRICORN BLACKBY SHERWIN WILLIAMSPAINT / STUCCOSW 7652 MINERAL DEPOSITBY SHERWIN WILLIAMSPAINT / STUCCOSW 6902 DECISIVE YELLOWBY SHERWIN WILLIAMSPAINT SW 7622 HOMBURG GRAYBY SHERWIN WILLIAMS

STONE VENEERTEXAS RUBBLW - SUMMER COTTAGEBY CORONADO STONE ST1ST2 STONE VENEER
EASTER MOUNTAIN LEDGE VISTA POINTEBY CORONADO STONEMETAL CANOPY ASSEMBLY MCCOLOR TO MATCH P4

GL DOUBLE GLAZED LOW EV
STOREFRONT GLAZING WITHANODIZED ALUMINUM FRAMESSTEEL RAILINGCOLOR TO MATCH P4 SRL
MATERIALS / FINISHES:

SOLAR PANELSCANOPY ASSEMBLY
SP
+18’-0” clear
LINE OF +8’-0” HIGH BLOCK FENCE
LINE OF +8’-0” HIGH BLOCK FENCE
BUILDING P4 - Elevations
NOTE: TENANT SIGNS SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1358 of 1638 Scale
Job No.Date
2020-243
20 Copyright © AO, LLP 2024 2026-03-05
SWC OF HWY-111 & MADISON ST. INDIO , CA. SWC OF HWY-111 & MADISON ST. INDIO , PHASE I Project Plans - Version II STUCCO / PAINT TO MATCHSW 7004 SNOWBOUNDBY SHERWIN WILLIAMS P1P2P3P4P5P6

NOT USED
P7
STUCCO / PAINT TO MATCHSW 9165 GOSSAMER VEILBY SHERWIN WILLIAMSSTUCCO / PAINT TO MATCHSW 6177 SMOKEY TOPAZBY SHERWIN WILLIAMSPAINT TO MATCHSW 6258 TRICORN BLACKBY SHERWIN WILLIAMSSTUCCO / PAINT TO MATCHSW 7652 MINERAL DEPOSITBY SHERWIN WILLIAMSSTUCCO / PAINT TO MATCHTENANT BRANDING YELLOW COLORC0LOR TO MATCHSW 7622 HOMBURG GRAYBY SHERWIN WILLIAMS

STONE VENEERTEXAS RUBBLE - SUMMER COTTAGEBY CORONADO STONE ST1
ST2 STONE VENEER

MOUNTAIN LEDGE - VISTA POINTEBY CORONADO STONE
METAL CANOPY ASSEMBLY MCCOLOR TO MATCH P4

GL DOUBLE GLAZED LOW EV

STOREFRONT GLAZING WITHANODIZED ALUMNIUM FRAMES
METAL RAILINGCOLOR TO MATCH P4
SRL

SOLAR PANELCANOPY SYSTEM
SP

COLORS & MATERIALS

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1359 of 1638 Scale
Job No.Date
2020-243
21 Copyright © AO, LLP 2024 2026-03-05
SWC OF HWY-111 & MADISON ST. INDIO , CA. SWC OF HWY-111 & MADISON ST. INDIO , PHASE I Project Plans - Version II

PRECEDENT IMAGES

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1360 of 1638

MADISON POINTE MADISON POINTE

SIGNAGE GUIDELINES
MARCH 2026

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TABLE OF CONTENTS

DIRECTORY

PURPOSE

REVIEW, APPROVALS, PERMITS, INSTALLATION

GENERAL PROVISIONS

RESTRICTIONS

SIGN PROGRAM
SIGN TYPE I: PROJECT ID AND PROJECT COMPONENT ID LOCATION PLAN I-A. MULTI-TENANT MONUMENT SIGNS
I-B. CENTER PROJECT ID SIGN
SIGN TYPE II: TENANT SIGNAGE

II-A WALL SIGN

II-C WINDOW SIGN
2 4
5 6
7 8
9 10
11 12
13 21

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1362 of 1638 03 JOB NO.

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MADISON POINTE

PROPERTY
SWC OF HIGHWAY 111 & MADISON ST.

INDIO, CA
ZONING : C-2, R-3, GENERAL COMMERCIAL
OWNER
RICHARD R. SCHMID
17332 IRVINE BLVD
SUITE 250
IRVINE, CA 92780

DEVELOPER
SCHMID DESERT INVESTMENTS, LLC.

A CALIFORNIA LIMITED LIABILITY COMPANY
JOHN R. SALMON
4921 BIRCH STREET, SUITE 100
NEWPORT BEACH, CA 92660

ARCHITECT

AO ARCHITECTS
144 N.ORANGE ST,
ORANGE CA 92866
(714) 639-9860

GOVERNMENTAL AGENCY

CITY OF INDIO PLANNING DEPARTMENT
100 CIVIC CENTER DRIVE
INDIO, CA 92201

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This document establishes guidelines and criteria for the design, implementation, and regulation of project signage as well as site signage and thematic graphics at Madison Pointe, Indio, California.

Signage and graphics have been listed in two broad categories. Sign Type A illustration overall project identifi cation signage and graphics. Sign Type B illustrates criteria for Tenant signage.

The Owner/Developer may implement any or all of the sign types outlines herein and accordance with these criteria.

The objectives of the Signage Program are:
• To generate creative and tasteful signage that enhances the center’s image and that compliments architectural and landscape elements.
• To provide signage that is functional and that effectively serves the identifi cation needs of the shopping center and its tenants.
• To facilitate the review and approval process for signage by providing guidelines and criteria that constitute standards of acceptability for signs at the center.

It is the responsibility of each tenant to submit design drawings of the proposed signage to the Owner/Developer and to the City of Indio for approval prior to the installation of any signage.

The use of professional environmental graphic designers and professional signage companies to determine design detailing and sign placement is highly encouraged.

Deviation from these Guidelines will only be considered if the overall purpose is to exceed the quality standards set forth herein. The Guidelines and requirements for the submittal process is detailed in the section “Signage Review, Approvals/Permits and Installation”.

PURPOSE

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REVIEW, APPROVALS, PERMITS, INSTALLATION
General
All signage shall be reviewed for conformance with these Guidelines and overall design quality.

Approval or disapproval of signage submittal shall remain the right of the Owner/Developer and the City of Indio.

Landlord Approval
Tenants shall submit to the Landlord for approval, prior to the city submittal, one (1) detailed signage package. This includes a building elevation showing the location of signage on the building, a site plan indicating the Tenant’s location within the project, specifi cations and details of the proposed sign, size, copy layout, materials, colors, illumination, and a method of attachment.

If the plans submitted to the Landlord are not acceptable or require revisions, they must be resubmitted unless they are approved “with conditions”.

After plans are approved by the Landlord, Tenant shall submit the approved signage package to the City of Indio.

Permits
All permits for signage and their installation required by the City of Indio shall be obtained by the Tenant or by a licensed sign contractor at Tenant’s expense prior to installation.

Installation
All signage shall be constructed and installed at Tenant’s expense.

Tenants shall be responsible for the installation and maintenance of their signage

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GENERAL PROVISIONS
Signage must be constructed and installed to meet or exceed all applicable codes and City requirements ( Refer to 111 Specifi c Plan Section 3.11).

Tenants may utilize standard corporate logos and/or prototypical signage graphics, subject to the approval of the Landlord and the City of Indio.

No sign company labels are permitted on the exposed surfaces of the signs, except those required by Underwriters Laboratories, which shall be placed in an inconspicuous location on the fi rst letter only.

All raceways, transformers, electrode boxes, switches, wiring, conduit and access hatches shall be concealed.

Wall signs shall be attached directly to the lease space to which they refer.

Any tenant with stone material as part of store frontage shall have required sign backer and raceway as part of the tenant signage.

Tenant’s electronic signage shall be connected to the Tenant’s house panel and controlled by a time clock or energy management system. Signage shall be illuminated from dusk to 1:00 am at a minimum.

All penetrations of the building structure required for sign installation must be sealed in a watertight condition and are patched to match adjacent fi nish.

It is the responsibility of the Tenant’s sign contractor to verify all conduit locations prior to fabrication.

All work must be performed by a licensed sign contractor. The selected sign company must provide evidence of general liability, property damage, business auto liability and workers comp per Landlord’s standard vendor requirements.

The Tenant shall pay for all signs, their construction, their installation and fi nal connection to the transformer and all other labor and materials and maintenance. Tenant sign contractor must fi le, pay for and obtain any licenses, permits and variances, as required for sign installation.

Notwithstanding the maximum square footages specifi ed for copy area allowances, sign and typography in all cases shall appear balanced and in scale within the context of the sign space and the buildings as a whole. Thickness, height, and color of sign lettering shall be visually balanced and in proportion to other signs on the building.

All sign fabrication work shall be of excellent quality. Surfaces of all signage are intended to be flat without bulges, oil-canning or other deformities. Any seams on signage faces should be finished smoothly. All logo images and type styles shall be accurately reproduced. The Landlord reserves the right to reject any fabrication work deemed by the Landlord to be below standard.

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RESTRICTIONS
The following are prohibited:
• Permanent advertising devices such as attraction boards, posters, banners and flags, except where specifi cally approved by the Owner/Developer and the City. • Exposed junction boxes, transformers, lamps, tubing, conduit, raceways, or neon crossovers of any type.
• Sign manufacturer’s names, stamps, or decals visible from the street or normal viewing angles.
• Luminous-vacuum formed acrylic signs and letters including pre-manufactured and franchise signs, with the exception of the site directional signage approved by the Owners/Developer and the City.
• Paper, cardboard, or Styrofoam signs, stickers, or decals hung around, on, or behind storefronts.
• Exposed fastening devices, unless integral to the sign’s design intent. • Simulated materials (i.e. wood grained plastic laminates) or wall covering. • Animated lights or other “moving” sign components, except where specifi cally mentioned in these guidelines.
• A-frame “sandwich” signs.
• Other requirements of the City of I ndio except as modifi ed herein.

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SIGN PROGRAM
Type I: Project ID and Project Component ID Location Plan I-A Multi-Tenant Monument Sign
I-B Center Project ID Sign
Type II: Tenant Signage
II-A Wall Sign
II-C Window Sign

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SIGN TYPE I: PROJECT ID AND PROJECT COMPONENT ID LOCATION PLAN I-A Multi-Tenant Monument Sign
I-B Center Project ID Sign
I-A
I-B
I-A
I-A
I-A
I-A

PHASE II FUTURE HOTEL

DEVELOPMENT

PHASE II FUTURE

RESIDENTIAL

DEVELOPMENT

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MONUMENT SIGN
SIDE ELEVATION SIDE ELEVATION 6’-8”
2’-6” 10’-0” 7’-0” 6’-0”
2’-0”

FRONT ELEVATION
NOTE: TENANT SIGNS SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE PLAN
P3 ST1 P7

I-A MULTI-TENANT MONUMENT SIGNS
Confi guration: New monument sign with New materials - concrete base, stone veneer finished wall with architectural metal front and side panels.

Location: Along Highway 111 and Madison Street where shown on location plan.

Per the city code ( Refer to 111 Specifi c Plan Section 3.11.C.1.f ) •LED messages displays shall be prohibited.
•Marquee ( chargeable letter/word displays shall be prohibited ) Dimensions : 7’ x 10’ x 2’-6” ( H x W x D )
Project and Tenant Identifi cation:

Height(each): 2’-0” x 8’-0” ( H X W )
Maximum Sign Area: 48 S.F.

Maximum Letter Height: 2’
Quantity: 3 EACH SIDE
NOTE : Landlord will hire a sign contractor to create shop drawings and provide the structural engineering stamp. Landlord will submit sign companies sign package with this sign guidelines to the City under this permit.

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I-B CENTER PROJECT ID SIGN
Location: Island
• The project ID sign will be Halo lit Aluminum letters painted white. • Tenant’s signage shall follow the standards per city code ( Refer to 111 Specifi c Plan Section 3.11.C.1.a )
SIDE ELEVATION 6’-8”
2’-0”
1’-0”
3’-0”
FRONT ELEVATION 6’-8”
29’-0”
6’-6”
3’-0” 3’-0”
1’-0”
4”
PLAN
P1 P3
FRONT ELEVATION 6’-8”
43’-0”
29’-0”
6’-6”
3’-0” 3’-0”
1’-0”
4”
PLAN
ST1 P1 P3

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MADISON POINTE 1
II-A

II-A II-A
II-C
II-C
II-A
II-A
II-A
II-A
II-C
II-C
II-C
SIGN TYPE II (TYP.): TENANT SIGNAGE
II-A Wall Sign
II-C Window Sign

II-A II-A
II-A
II-A
II-A
II-A
II-C
II-C
II-C
II-C
II-C

PHASE II FUTURE HOTEL

DEVELOPMENT

PHASE II FUTURE

RESIDENTIAL

DEVELOPMENT

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II-A WALL SIGN
Defi nition: Sign being applied directly to or projecting out and parallel to the facade. Only the Tenants with frontage on the sidewalk shall have a wall sign per the city code.

Location: Building façade
• Wall signs shall be located above the storefront and at least 12 inches from any eave or edge of building above and have a 24” clearance from openings. • Sign thickness (as measured from the wall) shall not exceed four inches. • All channel letters to be fabricated of Aluminum with two to three inches (2”-3”) returns.

Sign face letters to be Aluminum Face and back-lit (Halo Lit) illuminated. • Tenants with minor accents such as logos and shields can be face-lit. • Channel letters must have a minimum of two 1/4” diameter drain holes at bottom of every letter.
• Signs shall have a minimum height of ten inches (10”), a maximum letter height of two feet six inches (2’-6”), and a maximum height of fi ve feet (5’) for graphical signage. The total sign length shall not exceed 70% of the linear length of the wall area. • Signs mounting to stone facades must use a raceway (1” depth max) and 1/8” thick aluminum backer. Cannot exceed 24” in height.
• All sign letters will be secured by concealed fasteners, stainless steel, nickel or cadmium plated and pegged out from wall1”-2” to allow water runoff. • Tenant’s signage shall follow the standards per city code ( Refer to 111 Specifi c Plan Section 3.11.C.1.a - Diagram extracted below )
A1 : 10” (min.) - 2’-6” (max.)
A2 : 10”(min.) - 5’ ( max.) for graphical signage
B : 70% ( max.) of linear length of wall area
C : > 24” clearance from openings

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STANDARD WALL ATTACHMENT

STANDARD WALL ATTACHMENT WITH BACKER AND RACEWAY
II-A WALL SIGN ( CON’T )
1”
2”
2” MAX.
2” MAX.

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NOTE: TENANT SIGNS SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE P1
P1
II-A WALL SIGN ( CON’T )

LOCATIONS OF STANDARD WALL SIGN
P1 - NORTH ELEVATION
P1 - SOUTH ELEVATION
26'-8"
MIN. CLR.
1'-0"
18'-0"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
1'-0"
31'-3"
MIN. CLR.
1'-0"
21'-10 1/2"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
1'-0"
36'-8 3/4"
MIN. CLR.
1'-0"
25'-8 3/4"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
1'-0"
27'-0" MIN. CLR.
1'-0"
18'-10 3/4"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
1'-0"
33'-6"
23'-5 1/2"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
1'-0"
MIN. CLR.
1'-0"
26'-0"
18'-2 1/2"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
VERT. CLR. 8'(MIN)-12'(MAX.)
10'-6"
16'-0"
12'-6"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
2'-0"
MIN. CLR.
2'-0"
MIN. CLR.
1'-0"
MIN. CLR.
1'-0"
MIN. CLR.
1'-0"

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NOTE: TENANT SIGNS SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE P1
P1
II-A WALL SIGN ( CON’T )

LOCATIONS OF STANDARD WALL SIGN
40'-6"
MIN. CLR.
1'-0"
28'-4 1/4"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
1'-0" MIN. CLR.
1'-0"
MIN. CLR.
2'-0"
25'-6" MIN. CLR.
1'-0"
17'-10 1/4"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
1'-0"
MIN. CLR.
1'-0"
MIN. CLR.
2'-0"
P1 - EAST ELEVATION
P1 - WEST ELEVATION

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NOTE: TENANT SIGNS SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE P2
P2
II-A WALL SIGN ( CON’T )
LOCATIONS OF STANDARD WALL SIGN MAX. 5'-0"
MAX.
5'-0"
28'-9 1/4" MIN. CLR.
1'-0"
20'-1 1/2"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
2'-0"
MIN. CLR.
1'-0"
17'-6"
MIN. CLR.
1'-0"
MIN. CLR.
1'-0" MIN. CLR.
1'-0"
28'-9 1/4" MIN. CLR.
1'-0"
14'-1 1/2"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
2'-0"
MIN. CLR.
1'-0"
17'-6"
MIN. CLR.
1'-0"
MIN. CLR. MIN. CLR. 1'-0" 1'-0"
MAX.
5'-0"
MAX.
5'-0"
MAX.
5'-0"
MAX.
5'-0"
P2 - NORTH ELEVATION
P2 - SOUTH ELEVATION

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NOTE: TENANT SIGNS SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE P2
P2
II-A WALL SIGN ( CON’T )

LOCATIONS OF STANDARD WALL SIGN
60'-6" MIN. CLR.
1'-0"
36'-4 1/4"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
2'-0"
MIN. CLR.
1'-0"
MAX.
5'-0"
MAX.
5'-0"
50'-0" MIN. CLR.
1'-0"
29'-0"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
2'-0"
MIN.
1'-
MAX.
5'-0"
MAX.
5'-0"
P2 - EAST ELEVATION
P2 - WEST ELEVATION

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NOTE: TENANT SIGNS SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE P4
P4
II-A WALL SIGN ( CON’T )

LOCATIONS OF STANDARD WALL SIGN
44'-9"
MIN. CLR.
1'-0"
31'-4"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
2'-0"
MIN. CL
1'-0"
53'-0"
MIN. CLR.
1'-0"
37'-1 1/4"
MIN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
2'-6"
MIN. CLR.
2'-0"
MIN. CLR.
1'-0"
15'-0"
MIN. CLR.
1'-0"
10'-6"
IN. CLR.
1'-0"
MAX. WIDTH
(70% OF WALL WIDTH)
MAX HT.
12'-0"
MIN. CLR.
1'-0"
MAX.
5'-0"
MAX.
5'-0"
P4 - NORTH ELEVATION
P4 - EAST ELEVATION

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WALL SIGN DESIGN CHARACTER

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II-C WINDOW SIGN
Defi nition: Sign being painted or applied directly to the storefront windows and/or doors.

Window signs also include posters for advertisements and sales, product merchandise posters, open/closed signs, and painted or etched business names and logos. ( Per the 111 Specifi c Plan )
Tenant’s signage shall follow the standards per city code ( Refer to 111 Specifi c Plan Section

3.11.C.1.b )

WINDOW SIGN DESIGN CHARACTER

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WINDOW SIGN

SUITE NUMBER LOCATION AND OPERATION SIGNS
4”
6”
1’-0”
1”

TYPICAL OPEN/CLOSED SIGN TO BE USED

BY ALL SMALLER SHOPS AND PAD TENANTS TO

BE VISIBLE BY PEDESTRIAN TRAFFIC

HOURS OF OPERATION
EXAMPLES:

Confi guration:
• Tenant specifi c signage shall be placed within their entry premises and NOT on store front glass
• There shall be no permanent or temporary signage attached to the storefront glass.

SUITE #

BUSINESS HOURS

MON-THUR

FRI-SUN

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1382 of 1638 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com October 7, 2025
Mr. Gustavo Gomez
City of Indio
Planning Division
100 Civic Center Mall
Indio, CA 92201
Subject: CEQA Section 15183 Consistency Analysis
Madison Pointe MPDP and TTM 34804 (APN 600-240-005, 016, 020, 021) Dear Mr. Gomez,
This analysis is offered in support of the Indio Planning Commission’s 2022 Findings of Consistency with the Indio 2040 GP Program EIR for the Madison Pointe MPDP (as reflected in Resolution 2044 below).
“NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS:

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

Section 2. The Planning Commission hereby finds that the Madison Pointe Mixed-Use Project is within the scope of the certified Program Environmental Impact Report (PFEIR) for the General Plan 2040 as the Project will substantively implement the General Plan 2040’s vision, intent, policies and goals and the signage and zoning amendments are intended to make these regulations consistent with the General Plan. Therefore, the Planning Commission finds that no new environmental documentation is required pursuant to CEQA Guidelines Sections 15162, 15168 and 15183.”
By extension, since TTM 34804 is consistent with and implements the Madison Pointe Master Planned Development Permit, the Highway 111 Corridor Specific Plan and the Indio 2040 General Plan, it also is also subject to environmental clearance under the General Plan 2040 Program Environmental Impact Report (GPEIR) as outlined in the consistency analysis that follows. 15183 CONSISTENCY ANALYSIS
The black text that follows is taken verbatim from the California Code of Regulations, Section 151893, while the italic blue text reflects the consistency discussion related to that particular requirement.

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1383 of 1638 California Environmental Quality Act (CEQA) Clearance
Madison Pointe TTM 34804

October 7, 2025
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com Cal. Code Regs. Tit. 14, § 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning (a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are projectspecific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.

TTM 34804 is consistent with the development density established under the Madison Pointe Master Planned Development Permit, the Highway 111 Corridor Specific Plan and the Indio 2040 General Plan. It is therefore covered by the General Plan 2040 Program Environmental Impact Report (GPEIR). As an implementing map, it causes no project-specific significant environmental effects of its own.
(b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
(1) Are peculiar to the project or the parcel on which the project would be located, TTM 34804 is a site-specific subdivision limited only to the parcel on which it is located. As an implementing map, it creates no project-specific environmental impacts of its own. (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan with which the project is consistent,
TTM 34804 is a site-specific subdivision with no potential to generate any environmental impacts of its own. The approved Madison Pointe MPDP, upon which it is based, was deemed to be in conformity with the Highway 111 Corridor Specific Plan, which was designated as an implementing “action plan” of the Indio 2040 General Plan, in compliance with the certified GPEIR. (3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or TTM 34804 is a site-specific subdivision with no potential for any significant off-site or cumulative impacts that were not anticipated and addressed in the certified GPEIR. (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1384 of 1638 California Environmental Quality Act (CEQA) Clearance
Madison Pointe TTM 34804

October 7, 2025
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com TTM 34804 is a site-specific subdivision that presents no new information than was envisioned by the Indio 2040 General Plan, the Highway 111 Corridor Specific Plan and the Madison Pointe Master Plan of Development Permit nor more severe environmental impact than was addressed in the GPEIR.
(c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact.

TTM 34804 is a site-specific subdivision the creates no environmental impacts of its own nor does it contribute to any significant environmental impact in the GPEIR. In addition, the TTM will be subject to standard Conditions of Approval as deemed necessary by the City. (d) This section shall apply only to projects which meet the following conditions:
(1) The project is consistent with:
(A) A community plan adopted as part of a general plan, TTM 34804 is consistent with the approved Highway 111 Corridor Specific Plan. (B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or
TTM 34804 is consistent with the approved Madison Pointe Master Planned Development Permit.
(C) A general plan of a local agency, and
TTM 34804 is consistent with the approved Indio 2040 General Plan. (2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.

TTM 34804 is consistent with the certified Indio 2040 General Plan Program EIR.

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1385 of 1638 California Environmental Quality Act (CEQA) Clearance
Madison Pointe TTM 34804

October 7, 2025
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com We trust this is helpful and demonstrates CEQA clearance for TTM 34804 under Section 15183.

Sincerely
,
Paul DePalatis, AICP
Vice President/Director of Planning
Cc: John Salmon
Jim Fitzpatrick
Richard Schmidt

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1386 of 1638 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com July 10, 2025
Mr. Brian Halvorson
City of Indio
Planning Division
100 Civic Center Mall
Indio, CA 92201
Subject: Justification for California Environmental Quality Act (CEQA) Class 32 Categorical Exemption for Revised Phase 1 of the proposed Madison Pointe Project MSA Consulting, Inc. has reviewed the project site, which is an undeveloped, vacant property south of Highway 111 and west of Madison Street in the City of Indio. The project meets the City of Indio Guidelines for the implementation of the California Environmental Quality Act of 1970 (CEQA) and the State CEQA Guidelines as Categorically Exempt under Section 15300, Class

32. A project qualifies for a Class 32 Categorical Exemption if it is developed on an infill site and meets the following criteria:

A. 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.

B. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

C. The project site has no value as habitat for endangered, rare or threatened species.

D. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality.

E. The site can be adequately served by all required utilities and public services.

Project:

The project property is located on approximately 4.8 acres of land south of Highway 111 and west of Madison Street (APNs 600-240-020 and -021). The 4.8-acre project site is identified specifically as Phase 1 of the approved Madison Pointe Master Development Plan Permit (MDPP), which proposes a mixed-use development on 20 acres at the southwest corner of Highway 111 and Madison Street. Developed properties adjacent to the proposed Phase 1 project include a commercial building to the west, a Walgreens to the east, and commercial businesses to the north (north of Highway 111). The area south of the proposed project forms the remainder of the Madison Pointe MDPP area and is currently vacant and undeveloped. Future development in this area would include commercial and residential uses as Phase 2.

The proposed Phase 1 project includes the development of three retail pads along Highway 111 and one pad on Madison Street. The three proposed retail pads along Highway 111 will include a 5,500-square-foot retail space, a 2,400-square-foot Starbucks with drive through, and a 3,600- square-foot Quick Quack Auto Spa. The pad on Madison Street will be allotted for 20 EV charging

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1387 of 1638 California Environmental Quality Act (CEQA) Notice of Exemption (NOE) Madison Pointe Phase 1 Commercial

July 10, 2025
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com spaces with 3,000-square-foot accessory customer marketplace / lounge. Access to the proposed project will occur at three locations on Highway 111 and one on Madison Street, which were all established under the MDPP. A temporary retention basin will be located south of the EV charging station.

The site has a General Plan Land Use designation of Mixed-Use Neighborhood and is zoned Master Planned Design Overlay (MPDO) on the Highway 111 Corridor Specific Plan (111 SP).

The 111 SP Regulating Plan (Table 3.4-1) identifies the proposed retail, drive through coffee and auto spa pads along Highway 111 as Mixed-Use Corridor (MU-C) and the charging station along Madison Street as Neighborhood General (NG). The MPDO requires an approved Master Development Plan Permit for this site to determine its subdivision and connectivity requirements prior to the application of zoning. In November 2022, the Madison Pointe Master Development Permit Plan (MDPP) was approved (Resolution 2044). This approval included the finding that the Madison Pointe project is “within the scope of the PFEIR for the General Plan 2040” and that “no new environmental documentation is required”.

Findings for the use of a Categorical Exemption for Phase 1 follow:

A. The project is consistent with the General Plan, Mixed Use Specific Plan policies and all applicable zoning designations and regulations. The proposed retail pads will add commercial businesses along Highway 111 and Madison Street, and will be consistent with the approved MDPP’s requirements for land use, access points, connectivity, and pedestrian circulation in the project area.

B. The site is approximately 4.8 acres, which is below the 5-acre threshold for an infill exemption.

C. Due to the site’s location south of Highway 111, which is a busy 6-lane major arterial and its infill condition surrounded by urban development, the site does not exhibit the necessary habitat characteristics for rare, threatened or endangered species.

D. Traffic: According to the Riverside County Transportation Analysis Guidelines for vehicle miles traveled, the proposed project is considered a small project since the total retail building area is less than 60,000 square feet and therefore would have low trip generation and would be exempt from preparing a Traffic Impact Assessment. Less than significant impacts are anticipated.

Noise: Noise impacts from the short-term construction of the proposed commercial buildings would not result in significant impacts and will be intermittent and temporary.

Construction is also limited to the hours and operation established by the City’s Municipal Code (Section 95C.08). Noise impacts from project operation will be consistent with the surrounding uses, including commercial businesses to the east, and north of Highway 111.

Air Quality: The construction and operation related impacts to air quality from project implementation would not exceed SCAQMD thresholds, and the project would comply with

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1388 of 1638 California Environmental Quality Act (CEQA) Notice of Exemption (NOE) Madison Pointe Phase 1 Commercial

July 10, 2025
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com the current Air Quality Management Plan (AQMP). Less than significant impacts are anticipated.

Water Quality: The project will comply with City and CVWD stormwater requirements, which would prevent impacts to local receiving waters and avoid violations to the established water quality standards and waste discharge requirements. The project applicant developed and will be required to implement a project-specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit. Through this required compliance, the project will prevent impacts to the local receiving waters and avoid violations to the established water quality standards and waste discharge requirements.

E. The project site is in an urban area in the City, surrounded by commercial and residential uses that are served by existing utilities and public services. On-site extension of the necessary utilities and provisions for public services will be routine and would not result in adverse impacts to the affected service providers. The City’s General Plan EIR analyzed the provision of public services and utilities for all properties within the City consistent with the General Plan land uses and determined that build-out would be adequately served without creating significant impacts.

Based upon the reasoning provided in this letter, no further CEQA analysis is required, unless the proposed project plans undergo changes not described in this letter.

We would be glad to provide any other information if needed. We can be reached at 760-320- 9811.

Very truly yours,
Michelle Witherspoon
Director of Environmental Services

Resolution Nos. 10600, 10601, and 10602 , Review of Planning Commission ... Page 1389 of 1638 City of Indio
City Council
July 15, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Introduction and First Reading of Ordinance No. 1842 Approving a Second Amendment to the Citrus Ranch Specific Plan Development and PreAnnexation Agreement (DA-06-10-22) to Amend the Term and TermExtension Provisions for the Citrus Ranch Development, Generally Located North of the City and West of Dillon Road
RECOMMENDATION:

Staff recommends that the City Council conduct the public hearing, receive and consider all public testimony and evidence, introduce Ordinance No. 1842, waive full reading, read by title only, and approve first reading of an ordinance approving a Second Amendment to the Citrus Ranch Specific Plan Development and Pre-Annexation Agreement (DA-06-10-22) to amend the term and termextension provisions for the Citrus Ranch development; making findings under the California Environmental Quality Act, Government Code sections 65864 et seq., and Indio Unified Development Code section 6.05.02; authorizing the City Manager, or designee, to execute the Second Amendment subject to approval as to form by the City Attorney; and directing the City Clerk to return the ordinance for second reading and adoption at the next regular City Council meeting.

SUMMARY:

The Citrus Ranch project is located in north Indio, and a Specific Plan was approved in 2007 (Attachment 1). The project’s original Development Agreement (Attachment 2) was approved by the City Council on February 7, 2007. The DA addresses terms and conditions under which the developer and the City will proceed with the Citrus Ranch development. Important terms of the DA include terms, allowance for on-site density transfers, Quimby fees (satisfied by improvements of on-site parks, trails, and recreation facilities), and phasing of the construction of various public improvements such as streets and water facilities. The current DA is set to expire on July 26, 2032, and the applicant has requested to amend the term provisions in the agreement. Currently, the agreement permits one 10-year extension. The proposed amendment would allow one (1) additional twenty (20) year extension following the expiration of the initial term. In addition, an extension request is tied to certain financial obligations or improvements relating to the golf course, clubhouse and 200 residential units (Exhibit A to Ordinance). The primary purpose of the amendments is to facilitate the transfer of ownership of the property.

BACKGROUND INFORMATION:

The Citrus Ranch Specific Plan was approved as a master-planned golf course community containing approximately 3,075 residential units and a hotel situated on 1,183 acres located in the northern portion of the City west of Dillion Road. The project area was subsequently annexed into the City of Indio on July 26, 2012. An Environmental Impact Report, General Plan Amendment, AGENDA ITEM #10.6
Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1390 of 1638 Zone Change, Tentative Maps, and a Development Agreement (DA) were included in these approvals. The City of Indio, as Lead Agency under the California Environmental Quality Act (CEQA) has determined that this project was previously reviewed as part of the Final Environmental Impact Report (SCH #2005111117) for the Citrus Ranch project. No further environmental review is required.

ATTACHMENTS:

Attachment 1 Citrus Ranch SP
Attachment 2 Citrus Ranch Specific Plan Development Agreement Exhibit A
Ordinance No. 1842 - Citrus Ranch DA Amendment (first rdg) APPROVAL(S):

Brian Halvorson, Dir. Of Community Development Approved - 08 Jul 2026 Ruby D. Walla, Director of Finance Approved - 08 Jul 2026 Steven Graham Pacifico, City Attorney Approved - 08 Jul 2026 Jonathan Nicks, City Manager Approved - 09 Jul 2026

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Indio
100 Civic Center Mall
P. O. Box Drawer 1788
Indio, CA 92202
Attention: City Clerk
DOC # 2007- 0393695
06/ 15/ 2007 08: 00A Fee: NC

Recorded in official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk B Recorder
R U
I PAGE
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ISIZE I
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DA
S

MISC LONG IRFD COPY M
A L 1 465 1 426 PCOR NCOR SMF NC HGEXAM V
T: CTY UNI Recording
Fee Exempt per Government Code §6103 DEVELOPMENT
ANDPRE -ANNEXATION AGREEMENT \&, FN THIS
DEVELOPMENT AND PRE -ANNEXATION AGREEMENT ("Agreement") is made, entered Int-and shall be deemed effective this day of /Lu 2007 (" Effective Date"), by and between the CITY OF INDIO, a California Municipal Corporation ("City") and SCC/ Indio Citrus Ranch, LLC, a Delaware Limited Liability Company ("Developer"). City has designated this Agreement number (DA 06-10- 22) City and Developer are sometimes referenced together herein as the " Parties." In instances when a provision hereof applies to each of the Parties individually, either of the Parties may be referenced as a Party." The Parties hereby jointly render the following statement asto the background facts and circumstances underlying this Agreement. RECITALS
A.

Developer currently
a
owns or has an option to purchase in fee real property comprising development area of approximately one thousand one hundred and eighty three (1,183) acres in size and located north of the City and west of Dillon Road (" Property"). The Property issituated in the Western Coachella Valley in an area generally known as the Indio Hills, a currently unincorporated area within the jurisdictional boundaries of Riverside County and partially within the City' s Sphere ofInfluence (" SOI"). The Assessor' s Parcel Numbers for the portion of the Property within the City' s SOI are: 601- 160- 001; 601- 160- 002; 601- 160- 004; 601- 170- 004; 601- 170- 005; 601- 170- 006; 601- 170- 007 and 601- 170- 008 (collectively, " Sphere Parcels").

The Assessor' sParcel Numbers for the portion of the Property outside the City' s SOI are: 745- 380- 001; 745- 380- 002 ; 745- 380- 003; 601- 031- 001; 601- 031- 003; 601- 031- 005; 601- 031- 006; 601- 031- 007; 601- 031- 008; 601- 031- 009; 601- 031- 010; 601- 041- 002; 601- 041- 009; 601- 041- 010; 601- 041- 011; 601- 032- 007; 601- 032- 008; 745- 401- 023; 745- 401- 027; 745- 401- 014; 745- 401- 019; 750- 260- 010; and 750- 260- 012 (collectively, " Outside Parcels"). Together, the Property including the Sphere Parcels and Outside Parcels is also referred to herein as the "Site." The Site is legally described in Exhibit " A" and graphically depicted in Exhibit " A-1," both attached hereto and incorporated herein by reference. SCC/
INDIO CITRUS RANcj , C/ CITY OF INDIO DEVELOPMENT AGREEMENT PAGE 1of 41 CITY'

S INITIALS DEVELOPER' SINITIALS

Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1522 of 1638 B. City has filed, or will be filing, and is seeking the approval of an application to expand the City' s SOI as well as an annexation application pertaining to the entire Site (" Applications") through the Local Agency Formation Commission for Riverside County (" LAFCO") pursuant to the Cortese Knox Local Government Reorganization Act of 1985, California Government Code (" CGC") § 56000 et seq. LAFCO is processing these Applications concurrently with City' s consideration of this Agreement and various land use entitlements detailed below. To the extent this Agreement concerns land outside the City' s current SOI, this Agreement shall be deemed a pre -annexation agreement. Furthermore, the Parties intend that this Agreement shall be amended to include the Outside Parcels subject to its terms as a Development Agreement.

C. Developer is proposing to develop and facilitate the future development of the Site as a project currently titled " Citrus Ranch" which is intended to include multiple residential neighborhoods totaling approximately 3, 053 residential units ranging in density from 2. 5 to 15 dwelling units per acre, a boutique hotel located on a site approximately 5 acres in size, roughly 269 acres of open space, a golf course and related facilities covering roughly 230 acres ( not counted toward the open space just referenced), and a neighborhood community center inclusive of approximately 9, 000 square feet of usable area, owned and maintained by Property residents.

D. More specifically, Developer presently intends to develop the Site to incorporate a total of twenty nine ( 29) residential planning areas consisting of the following components: ( 1) fourteen ( 14) different planning areas of low density residential housing ( Planning Areas 1, 2, 3, 6, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 25) with approximately 959 dwelling units on approximately 263 acres distributed throughout the Site; ( 2) eleven ( 11) different planning areas of medium density residential housing ( Planning Areas 4, 5, 7, 8, 9A, 13, 15, 24, 26, 27 and 28) with approximately 1, 347 dwelling units on approximately 260 acres; ( 3) four ( 4) different planning areas of high density residential housing ( Planning Areas 98, 10, 11 and 12) with approximately 747 dwelling units on approximately 53 acres. In addition to these residential planning areas, the Property incorporates the following components spread over eight ( 8) additional planning areas: ( 4) one ( 1) planning area consisting of an 18- hole, par 72 golf course with a length of approximately 7100 yards on approximately 233 acres ( included within Planning Area 29 (" Golf Course"); ( 5) a clubhouse facility of approximately nine thousand( 9, 000) square feet, including cart facility also included in Planning Area 29, (" Golf Clubhouse") ( the Golf Clubhouse and Golf Course may collectively be referred to as " Golf Facilities"); ( 6) a golf course maintenance yard located in Planning Area 35; ( 7) a neighborhood community center on approximately five ( 5) acres, that will provide a key gathering place for those living in and visiting the community located in Planning Area 32; 8) subject to Section 5. 16 below, a boutique hotel of approximately 50- 75 rooms on approximately 5 acres located in Planning Area 33; ( 9) a fire station located in Planning Area 36; ( 10) a well site located in Planning Area 34; ( 11) Community and Neighborhood Parks, as those terms are defined in the City' s General Plan, located

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1523 of 1638 throughout the residential planning areas and in Planning Area 30, and ( 12) open space in Planning Area 37. Collectively, these residential and non- residential components are referenced herein, in the aggregate, as the "Project." E. California Government Code (" CGC") § 65864, et seq. ( the " DA Statutes"), provide that the legislative body of a city may enter into a development agreement for the development of real property in order to vest certain rights in the developer and to meet certain public purposes of the local government. Pursuant to CGC § 65865, on May 17, 1989 City adopted Indio City Council (" Council") Resolution 5294 establishing procedures and requirements for the approval of development agreements (" DA Resolution"). California law allows municipalities and property owners or developers to enter into binding and enforceable annexation agreements similar to the agreement reviewed and upheld by the court in Morrison Homes Corporation v. City of Pleasanton ( 1976) 58 Cal.App. 3d 724. This Agreement is entered into both as a development agreement, pursuant to the DA Statutes and as a binding and enforceable annexation agreement pursuant to California case law.

F. City has adopted and has now in effect its general plan entitled the City of Indio General Plan 2020 (" General Plan"); in connection therewith, City has approved and certified an environmental impact report.

G. The City specified a portion of the Site as part of City' s SOI in adopting the General Plan. The portion of the Site that is within the City's SOI is currently designated as Open Space" in the General Plan.

H. The City and Developer are cooperating in processing City' s LAFCO Applications as to an expansion of the City' s SOI to include the entire Site as well as to effectuate the Site' s annexation into the City. Upon expansion of the SOI to include the Outside Parcels, . the Outside Parcels shall be designated " Specific Plan" in the City' s General Plan.

I. On November 14, 2005, Developer initiated an application to City for this Agreement, designated ( DA 06- 10- 22) by City, and certain related land use entitlements and development rights via approval of: ( a) a General Plan Amendment, designated ( GPA 05- 11- 74) by City, changing the General Plan land use designation of the Sphere Parcels to " Specific Plan" and establishing the General Plan land use designation of the Outside Parcels as " Specific Plan" ( the GPA"), ( b) a Specific Plan, designated ( CSP 05- 11- 16) , by City (" SP"), ( c) a large lot tentative tract map, designated 34485 ( TM 06- 10- 447) by City (" LLTTM"), ( d) a tentative tract map covering Planning Areas 4 through 9A and inclusive of approximately 457 residential units, designated 35057 ( TM 06- 10- 448) by City TTM"), ( e) an Environmental Assessment, designated ( EA 05- 11- 443) by City, inclusive of an Environmental Impact Report (" EIR"), incorporating a mitigation monitoring and reporting program (" MMRP") and conforming to the specifications of the California Environmental Quality Act (" CEQA"), California Public Resources SCC/ INDIO CITRUS RqN / LLC/ CITY OF INDIO DEVELOPMENT AGREEMENT 7 ' PAGE 3 OF 41
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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1524 of 1638 Code § 21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, § 15000 et seq. Collectively, Developer' s application for this Agreement and its related applications for the GPA, SP, LLTTM, TTM and EIR inclusive of the MMRP are referenced in the aggregate as the " Entitlement Applications," while the approvals granted as requested by said applications in connection with the Site' s development as intended and proposed are referenced in the aggregate as the " Development Rights" or the "Project Approvals." J. City has given public notice of its intention to adopt this Agreement, has conducted public hearings thereon pursuant to CGC § 65867 and the DA Resolution. City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City' s General Plan as amended via the GPA, the SP, the LLTTM, the TTM, the EIR inclusive of the MMRP, and the DA Resolution.

K. Th e Project will require the construction of substantial public and private improvements, some of which improvements will benefit the Project, other property/developments within the Site' s vicinity and the entirety of City. The Parties note development risks and uncertainties associated with the nature and scope of this long- term Project. Each of the Parties must overcome its own challenges. The City must successfully provide the Project' s future residents and all of its citizens with high quality public facilities, infrastructure and services during and beyond the intense period of rapid growth contemporaneous with this Agreement' s negotiation and execution. Developer must address the present and future cost of providing public improvements and plan for market fluctuations impacting development and real property sales. Either of the Parties could easily be discouraged and deterred from making the long- term commitments inherent to the process of developing the Project on the Site. Both Parties desire to enter into this Agreement in order to reduce and/ or eliminate as many development risks and uncertainties as possible.

L. As permitted by law through the City' s consideration and approval of the Entitlement Applications filed by Developer and/ or by this Agreement, the Parties desire to establish design and development standards of the Project, the permitted uses for the Project, and to identify the scope of improvements to be required for, and as a result of, the Project and, where appropriate, to provide for the payment or the specification of certain fees.

M. City, in entering into this Agreement, acknowledges that certain City obligations hereby assumed shall survive beyond the terms of the present Council members, that this Agreement will serve to the extent legally permissible, bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall limit the future exercise of certain governmental and proprietary powers of City with respect to the entirety of the Site. By approving this Agreement, the Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than defer its actions to some undetermined future date. The

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1525 of 1638 terms and conditions of this Agreement have undergone extensive review by City and the Council and have been found to be fair, just and reasonable. City has concluded that the pursuit of the Project will serve the best interests of its citizens and that the public health, safety and welfare are best served by entering into this obligation. Developer has represented to City that it would not consider or engage in the Project absent City approving the Entitlement Applications and this Agreement, thereby assuring Developer that it will enjoy the Development Rights.

N. This Agreement will promote and encourage the Site' s development by providing Developer and its lenders/ investors with a greater degree of certainty of Developer' s ability to expeditiously and economically complete the Project. The Parties agree that the consideration to be received by City pursuant to this Agreement and the rights secured to Developer hereunder constitute sufficient consideration to support the mutual and respective covenants and agreements of the Parties. By entering into this Agreement, City desires to vest in Developer certain Project Approvals as specified in this Agreement
O. The Parties jointly understand, intend and agree that this Agreement shall, to the extent legally permissible, serve and be the equivalent of a " Pre -Annexation Agreement" by and between them, and may be interpreted and relied upon as such.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

1. Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. The Parties further agree to the incorporation by reference herein of said Recitals, together with all definitions provided and exhibits referenced therein. This Agreement pertains to the Site as described in Exhibit "A" and Exhibit "A- 1." The burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all successors -in -interest of the Parties and constitute covenants which run with the Property. In order to provide continued notice thereof, the Parties will record this Agreement in the public records of Riverside County.

The word " Developer" as previously defined and used herein shall include successor owners, apart from government or quasi -public agencies, of any portion of the Site.

2. Relationship of the Parties. It is hereby specifically understood and acknowledged that the Project is a private project and that neither City nor Developer will be deemed to be the agent of the other for any purpose whatsoever. City and Developer hereby renounce the existence of any form of joint venture or partnership between or among them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners.

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1526 of 1638

3. Term. Except as otherwise specified herein and subject to earlier termination or extension as hereinafter provided, the " Term" of this Agreement shall begin as of the Effective Date and terminate twenty (20) years from the recordation date of the LAFCO Certificate of Completion as to " Citrus Ranch Annexation" as that term is defined below in Section 20. 1 (" Annexation Date"). The Annexation Date shall be no later than June 30, 2008 or such subsequent date as may be determined based upon intervening " Development Limitations' as that term is defined below in Section 3. 1 or the Parties' written agreement ( the " Annexation Deadline"). In the event that either the Citrus Ranch Annexation or another successor annexation effort relative to the Site is not complete by the Annexation Deadline, either Party may terminate this Agreement as a matter of right upon written notice to the other per Section 25 below. Notwithstanding the length of the Term, the provisions of this Agreement that limit increases in City' s Fees," i.e., Section 9 below, shall expire and not be enforceable after the end of the tenth ( 101n) year after the Annexation Date.

3. 1 Term Extension — Third Party Issues. Notwithstanding the Parties' expectation that there will be no limit or moratorium upon the Project' s development or the issuance of building or other development related permits (" Development Limitation") during the Term, the Parties understand and agree that various third parties may take action causing a de facto Development Limitation. Consequently, the Term and obligations imposed pursuant to this Agreement shall be extended day for day for any delay arising from or related to any of the following potential Development Limitations for a time equal to the duration of that delay occurring during the Term:

3. 1. 1 ( i) changed conditions, changes in local, state or federal laws or regulations, floods, earthquakes, moratoria enacted by governmental entities or agencies, litigation challenging this Agreement or the project approvals, injunctions issued by any court of competent jurisdiction, acts of the public enemy, epidemics, quarantine, restrictions, freight embargoes, lack of transportation, unusually severe weather, inability to secure or delays in securing labor, fuels, materials, services or tools, delays due to the existence or remediation of hazardous materials, acts of God, riots, war or acts of terrorism; ( ii) strikes or other labor problems, or delays of any contractor, subcontractor or supplier; ( iii) act( s) or omission( s) of any third party governmental agency, quasi public entity or public utility, and beyond the reasonable control of Developer, excluding delays that are related to the normal and customary processing of future development approvals or any requested modifications of the Project Approvals, or ( iv) other matters beyond the reasonable control of Developer.

Each Party shall promptly notify the other Party to this Agreement upon learning of any Development Limitation. If any Party to this Agreement is prevented by any Development Limitation from performing its obligations under this Agreement, then on the condition that the Party claiming a Development Limitation ( a) did not cause said event( s) and ( b) said event( s) was beyond said Party' s reasonable control, the time for

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1527 of 1638 performance by said Party of its obligations under this Agreement shall be extended day for day by a number of days equal to the number of days of that said Development Limitation continued in effect, or by the number of days it takes to repair or restore the damage caused by the Development Limitation to the condition which existed prior to the occurrence, whichever is longer, or longer as the Parties may mutually agree.

3. 2 Term Extension — Request of Developer. This Agreement may be extended for one ( 1) additional ten ( 10) year period following the expiration of the initial Term ( as it may be extended pursuant to Section 3. 1 hereinabove) (" Developer's Extension") subject to the absolute discretion of the City, upon the occurrence of all of the following:

3. 2. 1 Developer shall give written notice to City no later than one hundred twenty ( 120) days before the expiration of the Term that Developer desires to extend this Agreement for the additional ten ( 10) year period;

3.2.2 At the time of the notice described in Section 3. 2. 1 above, Developer shall have applied for and obtained certificates of occupancy for at least fifty 50%) of the residential dwelling units described by the Project Approvals; and

3. 2. 3 Developer shall not then be in default with respect to any provision of this Agreement, any of the Project Approvals, or any subsequent agreement or understanding between the Parties, provided that City had previously provided notice to Developer of said default by Developer pursuant to the provisions of this Agreement and that said default has remained uncured for the period to cure provided therein.

3. 2. 4 A Developer' s Extension shall only be considered by City upon Developer' s application to the City Council and upon a public hearing as to same.

4. Vesting of Project Rights.

4. 1 Vested Rights to Develop. Developer shall have the vested right to develop the Project during the Term of this Agreement in accordance with the SP and other Project Approvals. City covenants that it will not initiate, so long as this Agreement remains in effect, any amendment to the General Plan, the Project' s zoning as established by the SP, or any other Development Rights in a manner that Developer reasonably deems contrary to its interest in, or use of the Site. Any such right shall, however, be subject to the authority of other public agencies over which City has no legal control, and nothing herein shall be deemed to constitute any representation, warrant or undertaking by City that such agencies will not exercise their authority to delay, defeat, modify or otherwise change Developer' s rights with respect to the Project.

City will use its best efforts to cooperate with the Developer in obtaining such approvals, provided that City is placed at no expense ( whether out of pocket or in terms of staff time) in connection therewith.
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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1528 of 1638

4. 2 Legally Binding Contract. It is the intent of City and Developer that this Agreement is a legally binding contract which shall prevail over the provisions of any subsequently enacted moratoria, statutes, ordinances, limitations, or other measures, whether or not enacted by City, or under the authority of City by voter initiative or referendum, and whether or not such initiative, moratorium, referendum, statute, ordinance, limitation, or other measure relates, in whole or in part, to the rate, timing, sequence, or phasing of the development or construction of all or part of the Project or the improvements or affecting parcel or subdivision maps, building permits, occupancy certificates, or other entitlement to use the Site which are issued by City, subject only to the rights and powers reserved to City under the terms of this Agreement and the requirements of State Law.

4. 3 Existing Rules to Govern. In accordance with the terms of CGC 65866, the Parties agree that the General Plan, the SP, the Project Approvals, any Maps and any existing or future land use entitlements insofar as they relate to the Site, together with any conditions to approval attached to any of the foregoing, shall be governed by the subdivision laws, ordinances, rules and regulations in effect as of the Effective Date ( the " Existing Regulations"). Such Existing Regulations shall continue to apply to the Project and to the reconstruction of any Project improvements damaged or destroyed from any cause. Except as otherwise provided in this Agreement, no amendment, revision of, or addition to Project Approvals constituting a change in the Existing Regulations that would effect the Project or increase the obligations or decrease the rights of Developer hereunder (" Regulatory Change") shall be made without Developer's consent, whether adopted or approved by City' s Council or any office, board commission or other agency of City, or by the people of City through an initiative measure. Furthermore, no such Regulatory Change shall be effective or enforceable by City with respect to the Project or the Site, nor against Developer or its successors or Assignees. However, nothing in this Section shall preclude City: ( i) from applying new rules, regulations, and policies described in Section 4.4 (" New Regulations"), or ( ii) from denying or conditionally approving any subsequent development project application on the basis of Existing Regulations or New Regulations.

4. 4 City Authority, Limitations, Reservations and Exceptions.

Notwithstanding any other provision of this Agreement, legislative and/ or administrative action by City in any of the following subject areas will be viewed by the Parties as New Regulations, and as such shall fully apply to the development of the Site.

4. 4. 1 Procedural Provisions. Modifications to City' s Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, excluding those matters referenced in Section 16 of this Agreement.

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1529 of 1638

4. 4. 2 Uniform Codes. Modifications or additions to City' s regulations governing construction standards and specifications when such modifications are made to bring the City' s regulations into compliance with statewide standards, such as City' s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code.

4. 4. 3 Regulation by Consent. Modification to City' s regulations that are in material conflict with the Project Approvals, provided Developer has given written consent to the application of such regulations to the development of the Site.

4. 4. 4 Police and Emergency Power. The Parties acknowledge and agree that City can not contractually limit its own police power, its power to address actual or potential threats to public health, safety or welfare, including but not limited to environmental regulations such as PM- 10, NPDES, etc., or its emergency authority or powers. The foregoing limitations, reservations and exceptions are intended to reserve to City all of its powers that cannot be limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority which cannot be contractually restricted as a matter of law. To the extent possible, any such regulations shall be applied and construed so as to provide Developer with the rights and assurances provided under this Agreement.

5. Development of the Site.

5. 1 Conditions of Development. The Site and the Project shall be developed in conformance with the Project Approvals including this Agreement except for such modifications as may be mutually agreed upon and legally implemented by the Parties. All matters of density, permitted uses, the mixes of such uses and all matters permitted under the SP shall be and remain as permitted, subject to the conditions stated therein, during the Term. During the Term, City will consider for approval Project related land use entitlements, including all tentative and final maps associated with the Project and all site plan and design review applying Existing Regulations.

5. 2 Performance Delays during Development The time for performance of any obligation hereunder by Developer or City, arising from or related to any Development Entitlement or other approval required in connection with the Project, shall be extended by the period of time that any of the Development Limitations described hereinabove exist and/ or prevent performance of such obligations.

5. 3 Procedure for Development. By the Effective Date, City will have approved the LLTTM and the TTM as Project Approvals. The Parties understand and agree that as Developer implements the Project, additional tentative and final maps covering the entire Project (" Planning Area Maps") will also, by necessity, be presented and approved. Each of these Planning Area Maps will cover one ( 1) or a portion of one 1) or more of the Planning Areas and be consistent with the requirements of the SP.

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1530 of 1638 One ( 1) or more parcel maps may also prove necessary during the Project' s development.
5A Phasing - Improvements and Facilities. Developer may phase its subdivision of the Site and/ or any of the Planning Areas by applying for Maps covering less than the entire Site or some discreet portion of one ( 1) of the Planning Areas.

Attached hereto as Exhibit " B" and incorporated herein by this reference is an initial phasing plan for construction of the Project, which may be modified from time to time as set forth herein. The phasing plan in effect during any given time period shall be referred to as the " Phasing Plan".

5.4. 1 Timing of Infrastructure Construction. " Infrastructure Construction" shall mean the infrastructure improvements such as streets, sewer, water, storm drains, landscaping, etc., also referenced below as " Public Improvements" in Section 5. 14. All Infrastructure Construction for a phase shall be substantially completed on or before the issuance of the first Certificate of Occupancy of the subsequent phase and under all circumstances, absent a Development Limitation, in compliance with Exhibit " 13- 1" attached hereto. With regards to the final phase, Developer shall bond or construct all Infrastructure Construction on or before the issuance of the last Certificate of Occupancy for the final phase.

5. 4. 2 Deviation from Phasing Plan. The Parties acknowledge that Developer cannot at this time accurately predict the time schedule within which the Project will be developed, or the order in which particular phases or other portions of the Project will be developed, and that the rate, timing, order, and sequence of the development of the Project will depend on numerous circumstances beyond Developer' s control, including, without limitation, market trends, demand, the condition of capital markets, interest rates, availability of financing and other economic and social factors. Therefore, so long as the Project is developed in accordance with the Project Approvals (including the SP) and the applicable rules and regulations ( as these may be amended from time to time pursuant to this Agreement), Developer shall not be required to initiate or complete development of the Project, or any particular phase or portion of the Project, within any specific period of time. Subject to the provisions of this Agreement, including but not limited to Sections 5.4 and 5.4. 1, Developer shall develop the Project in accordance with the Developer' s own time schedule as such schedule may exist from time to time, and Developer may determine which part of the Project shall be developed during each phase of the Project, it being the intent of the Parties hereunder to cure any deficiency in this Agreement by reason of any failure to provide for the timing of development by acknowledging and providing that Developer shall have the right to develop the Project in such order and at such rate and at such times as Developer deems appropriate in the good faith exercise of its objective business judgment. It is acknowledged, however, that any deviation from the project phasing set forth in the Phasing Plan agreed upon by the Parties may require modification of the timing and order of providing public facilities as provided herein. Developer shall give City written notice of any intended deviation from the phasing set forth in the Phasing SCC/ INDIO CITRUS RAN / CITY OF INDIo DEVELOPMENT AGREEMENT PAGE 10 OF 41

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1531 of 1638 Plan, as modified by any prior, noticed deviations, such notices to include a revised phasing plan. City shall notify Developer of any required change in the timing or phasing of the providing of public facilities and/ or dedications or conveyances required by Developer' s modification of the Phasing Plan within sixty days after ( i) Developer has submitted a notice with information which, in the good faith judgment of the City, is sufficient to permit City to make the necessary analysis of the required changes, or ( ii) the date of approval of any tentative tract map for the rephrased areas, whichever is earlier. Any changes required by the City shall be reasonably related to the changes in the phasing made by Developer. By entering into this Agreement, Developer shall not be obligated to build any structures, make any improvement, or otherwise develop the Project, provided, however, that Developer's failure to develop the Project shall not preclude application to the Site of the taxes or assessments levied by any financing district in accord with State law. Nothing in the preceding sentence shall be deemed to release Developer of the obligation to construct public improvements as required by this Agreement.

5. 4. 3 Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo ( 1984) 37 Cal.3d 465, that failure of the Parties to provide for the timing of development resulted in a later adopted initiative restricting the timing of development prevail over the Parties' agreement, it is the intent of the Developer and the City to cure that deficiency by acknowledging and providing that, notwithstanding anything to the contrary in the Project Approvals or this Agreement, the Developer shall have the right ( without the obligation) to develop the Project in such order and at such rate and at such time as the Developer deems appropriate within the exercise of its sole subjective good faith business judgment and within the general performance schedule set forth in the Phasing Plan, as that plan may be modified. The City acknowledges that such a right is consistent with the intent, purpose and understanding of the Parties hereto and that without such a right development of the Project would be subject to uncertainties sought to be avoided by the DA Statutes and this Agreement.

5. 5 Golf Course and Golf Clubhouse. Subject to Section 19 of this Agreement, Developer shall construct an 18 hole privately owned Golf Course and Golf Clubhouse and shall make the course available for play by Indio residents at current rack rates ( the daily fee structure) charged to residents of the Project at any particular time. The Parties agree that the Golf Course and Golf Clubhouse shall be constructed in accord with Exhibit" B- 1."

5. 6 Density Transfers. The Parties recognize that with the large number of planning areas and phases, the number of dwelling units approved and completed in each area may vary as the Site is developed. Subject to the SP provisions addressing density transfers, incorporated by this reference herein, Developer shall have the right to increase the density and intensity of the use of any portion of the Project by a transfer of dwelling units from any other portion of the Project in excess of the density and intensity limitations specified under the Project Approvals provided that SCC/ INDIO CITRUS RANCH„ C CITY OF INDIO DEVELOPMENT AGREEMENT f' AGE 11 OF 41

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1532 of 1638 the ultimate densities shall be consistent and not exceed the total density set forth in the SP. Furthermore, the Parties understand and agree that Developer shall neither seek nor implement any transfer of density in any area subject to indebtedness associated with a Community Facilities, Assessment or other District after the issuance of bonds corresponding to the area in question. Nothing herein shall be deemed or interpreted to permit any increase in the overall density or intensity of use of the Project as a whole unless provided for in the SP or permitted by State Law, and any density transfer shall fully conform with the requirements of the SP.

5. 7 Premium Development Services. City hereby covenants that in partial consideration for Developer's promises herein, City will process the Project Approvals in an expedited manner conforming to all applicable law. City specifically covenants and agrees that after approval of the Project Approvals, upon Developer's initial completion of any Map application and payment of all City application and processing fees, City will internally assign and determine the completeness of any Developer Map application, improvement plans, building or engineering review within twelve ( 12) working days from submittal by Developer ( the " Completeness Deadline").

City further promises that it will complete the first plan check related to any Map within thirty ( 30) calendar days after the Completeness Deadline ("' Ist Plan Check Deadline") and use best efforts to complete any subsequent plan check( s) deemed necessary Subsequent Plan Check"), after the first, within fifteen ( 15) calendar days after the later of the 1sl Plan Check Deadline or the completion of the most recent Subsequent Plan Check. City further promises that under no circumstances will the completion of any Subsequent Plan Check require more than thirty ( 30) calendar days. Above and beyond the formal timeline stated herein, City will use best efforts to address questions and concerns raised by Developer representatives at the " counter" at City Hall as expeditiously as reasonably possible. If City cannot regularly meet the time requirements set forth in this Section, the City, at Developers' request, will immediately contract for outside plan -check services to perform such services on a timely basis as set forth below.

5. 7. 1 Private Contract Planners/ Plan Checkers. City shall process all applications filed in connection with the Project as expeditiously as possible. If requested by Developer, City may within its discretion utilize private contract planners, plan checkers or inspectors and any other available means (" Private Contractors') to expedite the processing of the Project applications, including concurrent processing of such applications by various City departments. City reserves absolute discretion in the selection of Private Contractors to assist in the Project' s processing. Developer shall reimburse City, in conformance with City' s applicable policies and procedures, for all costs and expenses of Private Contractors plus any administrative cost to City of integrating services by Private Contractors into the Project' s development processing.

5. 8 Map Extension. Pursuant to CGC § 66452. 6( a), the City hereby exercises its discretion and covenants that any City approval of a tentative tract, final or parcel map ( in the alternative, a " Map"), or a portion thereof, prepared with respect to

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1533 of 1638 the Site' s development shall remain effective for a period of time concluding upon the expiration of the Term. Furthermore, any City approval of a Map shall be extended for an additional period of time equal to the period of any extension of the Term pursuant to this Agreement. City agrees that any such Map extension shall occur automatically upon the date when the Map in question would otherwise expire. City shall not require Developer to submit an application or any other request for a Map extension to City in order for any such extension to occur or to be valid and enforceable. City further agrees that in approving Maps or extending the duration of Maps hereunder, City shall not impose any: ( a) additional conditions or fees, ( b) changes in design, ( c) changes in density, or ( d) other policies, rules or regulations that differ from the Project Approvals or Existing Regulations, except as otherwise permitted under this Agreement. Map review and approval shall be carried out by the City in accordance with the Existing Regulations.

5. 9 CEQA. Because the Project has already been extensively analyzed in the EIR, no new CEQA analysis for future approvals, including individual maps, buildings or phases of the Project shall be required, provided that: ( a) such buildings or phases comply with the terms and conditions of the SP, inclusive of any mutually approved future amendments thereof, and other Project Approvals and this Agreement, and ( b) none of the conditions are present which require further environmental review under CEQA, in particular, Public Resources Code Section 21166.

5. 10 Senate Bill 221. The Site includes a " subdivision" as that term is defined in CGC § 66473.7( a)( 1). Neither the Site nor any part thereof is exempt from the requirements of Senate Bill 221, codified at CGC § 66473. 7, a law generally requiring that any city ' s approval of a tentative map for a new subdivision of more than five hundred ( 500) units contain a condition that proof of the availability of a sufficient, reliable source of water be obtained from the appropriate water purveyor. The LLTTM and the TTM shall contain a condition that a " sufficient water supply" per CGC 66473. 7( a)( 2) shall be available to the Site/ Project. Developer has satisfied this condition by requesting and obtaining proof of the availability to the Site/ Project of a sufficient water supply. On December 6, 2006, the Board of the Indio Water Authority, approved a water supply assessment prepared in conformance with Senate Bill 610, codified at California Water Code Section 10910 et seq. and incorporating a water verification letter prepared in accordance with SB 221. Developer shall provide City with this water verification letter and thus demonstrate the existence of a sufficient water supply available to the Site/ Project, or the phase being developed, prior to Council approval of the final map or maps for any phase of the Project.

5. 11 Fire Station. As a condition precedent to the recordation of the first final Map corresponding to any area of the Project, Developer will, at Developer' s own cost, purchase and convey approximately two ( 2) acres of land ( the " Fire Station Parcel") and transfer same to the City to permit the City to develop a two ( 2) bay fire station. Developer shall receive a full fee credit against its obligation to pay the fire SCC/ INDIO CITRUS RA , / CITY OF INDio DEVELOPMENT AGREEMENT Pace 13 of 41

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1534 of 1638 services portion of the Fire and Police Capital Impact Fees described in Code of Indio Section 33. 068( C) and adopted in Section 8C of the " Fee Ordinance" as that term is defined below in Section 5. 14. 2, upon said fee becoming due.

5. 12 Quimby Fees. The Parties understand and agree that land and improvements for the numerous parks, trails, and recreational facilities identified in the SP will have a value that exceeds Developer's obligation pursuant to City' s Quimby ordinance, No. 1325 (" Quimby Fees"). Accordingly, the Parties agree that Developer' s dedication to City and/ or development of same fully satisfies its obligations under City' s Quimby ordinance, Code of Indio Section 156. 130 et seq.

5. 13 Art in Public Places Fee. Developer understands and agrees that the Project is fully subject to the City' s Art in Public Places Fee as specified in Code of Indio Section 159. 840 et seq.

5. 14 Public Improvements. Developer shall construct and install the public improvements and infrastructure required in connection with the Project (" Public Improvements") in conformance with standards set forth in the Project Approvals or subsequent approvals and the schedule specified in Exhibit " B- 1." Subject to Section

5. 4, Developer will make these Public Improvements in phases concurrent with the development of each phase of the Project and in accordance with the Phasing Plan.

The required Public Improvements are described in Exhibit "C" attached.

5. 14. 1 Additional Public Improvements. In addition to the Public Improvements set forth in Exhibit "C," Developer agrees to the following:
a) Developer shall contribute fifteen million dollars
15, 000, 000.00) drawn from any " Financing District," as that term is defined below in Section 8. 1, formed upon Developer' s petition. Said funds may be used by City in the construction of any eligible facility, including, but not limited to, park, drainage or water facilities, at the City' s discretion. The schedule for Developer' s disbursement of this sum shall be as follows:
i) Developer shall advance City the sum of two
million five hundred thousand dollars ($ 2,500, 000.00) ( the " Advance") within five ( 5) business days of securing the first grading permit corresponding to the commencement of the first phase of the Project' s development in any residential or golf related planning area;
ii) Developer shall pay City an additional two
million five hundred thousand dollars ($ 2, 500, 000. 00) ( the " First Payment") drawn from the Financing District at the time of the Financing District' s first issuance of bonds corresponding to the first phase of the Project' s development. Upon issuance of this First Payment, Developer may reimburse itself for the Advance with funds drawn from the Financing District;

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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1535 of 1638 iii) Developer shall pay City an additional five
million dollars ($ 5, 000, 000. 00) drawn from the Financing District at the time of the Financing District' s second issuance of bonds corresponding to the second phase of the Project's development; and
iv) Developer shall pay City an additional five
million dollars ($ 5,000, 000.00) drawn from the Financing District at the time of the Financing District' s third and final issuance of bonds corresponding to the third and final phase of the Project' s development.
b) Developer shall construct two ( 2) North and two ( 2) South paved and striped travel lanes on Dillon Road, consistent with General Plan specifications, extending South from the Project' s Southern boundary to Avenue 44.

Dillon Road adjacent to the Project shall be constructed with no median per the SP, with the following stipulation regarding the portion of Dillon Road which lies between Avenue 44 and the Dike (" Dillon Lakes Frontage"):
i) If and when the developer of Tentative Tract
Map 29714, designated TM- 00- 3- 338 by the City (" Dillon Lakes"), or its assignees, bond for the improvement of the Dillon Lakes Frontage, per the Conditions of Approval dictated by the City in the above -referenced entitlement, Developer' s obligation to construct and/ or complete the Dillon Lakes Frontage shall transfer to the developer of Dillon Lakes, with reimbursement to Developer by Dillon Lakes for any portion of the Dillon Lakes Frontage already constructed to the extent that City may be able to facilitate same;
ii) In the event that the City releases Dillon Lakes
from its obligation to construct the Dillon Lakes Frontage, City shall reimburse Developer for the cost of construction for the same.
c) Developer is obligated to design, construct, and
provide right of way for three ( 3) Indio Water Authority (" IWA") water storage facilities on sites deemed acceptable to the City Engineer (" Water Storage Sites"). Each of the Water Storage Sites will contain the tank( s) and booster station equipment adequate to serve three ( 3) pressure zones. Furthermore, the Water Storage Sites may be large enough to accommodate future IWA zone expansion and the transmission lines corresponding to each of the Water Storage Sites shall be sized to serve the zone( s) to which they transmit water.

5. 14. 2 Development Impact Fees Payable. City' s Development impact fees currently imposed are identified in Ordinance number 1463 adopted by the City Council on May 17, 2006 ( the " Fee Ordinance"). Developer hereby agrees to make full payment of the following fees in accord with the Fee Ordinance subject to Section

9. 1 below: ( a) Public Building Fee, described in Code of Indio Section 33. 068( A) and adopted in Section 8A of the Fee Ordinance; ( b) the Police services portion of the Fire SCC/ INDIO CITRUS RANCFj,' / CITY OF INDIO DEVELOPMENT AGREEMENT AGE 15 OF 41
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Introduction and First Reading of Ordinance No. 1842 Approving a Second ... Page 1536 of 1638 and Police Capital Impact Fees described in Code of Indio Section 33. 068( C) and adopted in Section 8C of the Fee Ordinance; ( c) Road, Bridge and Thoroughfare Fee described in Code of Indio Section 33. 068( F) and adopted in Section 8F of the Fee Ordinance.

5. 14. 3 Development Impact Fees Subject to Developer Credits.

In consideration for Developer, at its own cost and expense or through a community facilities district, providing City with the Public Improvements for the Project, Developer shall receive a credit towards the payment of development impact fees otherwise due and payable by Developer as fees arising from or related to Development of the Project Developer's Fee Credit"). The fees for which Developer shall receive credit for are as follows: ( a) Water Fee, described in Code of Indio Section 33. 068( D) and adopted in Section 8D of the Fee Ordinance ( the " Water Fees") — Developer' s construction and installation of all IWA back -bone water system improvements and facilities serving the Project shall serve as a full credit against all Water Fees otherwise due and payable water facilities to be constructed are depicted in Exhibit " C- 1" attached hereto); ( b) Traffic Signal Fee, described in Code of Indio Section 33. 068( G) and adopted in Section 8G of the Fee Ordinance ( the " Traffic Signal Fees") — an amount equal to Developer's actual costs of construction of three ( 3) traffic signals on Dillon Rd. located at Project entries shall be credited against Developer' s payment of Traffic Signal Fees. Developer agrees to pay any difference between such actual costs and the Traffic Signal Fees otherwise due and payable ( the " Traffic Signal Difference"). Developer will, in compliance with the MMRP, pay its fair share of certain off -site traffic signals ( the " Fair Share Payment"). The Traffic Signal Difference will be applied in its entirety against Developer' s satisfaction of its obligation to make the Fair Share Payment. Developer shall pay in full any portion of the Fair Share Payment not covered by application of the Traffic Signal Difference, per unit, in accordance with the Fee Ordinance; ( c) Park Fee described in Code of Indio Section 33. 068( B) and adopted in Section 8B of the Fee Ordinance ( the " Park Fees") — Developer's construction, full improvement and dedication of public parks has a value in excess of the full Park Fees otherwise due and payable. Notwithstanding this fact, Developer voluntarily agrees that its otherwise full credit against Park Fees shall not include the portion of same attributable to City' s Sports Complex" as noted in Table 6. 4 of the City' s " Impact Fees Report AB1600 Fees" adopted in conjunction with the Fee Ordinance; ( d) Fire and Police Capital Impact Fee, described in Code of Indio Section 33. 068( C) and adopted per Section 8C of the Fee Ordinance (" Fire and Police Fees") - as is noted above in Section 5. 11, Developer will, at Developer' s own cost, purchase and convey the " Fire Station Parcel and transfer same to the City to permit the City to develop a two ( 2) bay fire station. Developer shall receive a full fee credit against its obligation to pay the fire services portion of the Fire and Police Fees.

5. 14. 4 Application of Fee Credits. Developer' s credits as specified in Section 5. 12. 3 (" Developer' s Fee Credit") shall be earned at the earlier of the construction of the relevant Public Improvement or the Developer providing the City with a performance bond for the construction of a Public Improvement. Developer' s Fee SCC/ INDIO CITRUS: ANC , kL ITY OF INDIO DEVELOPMENT AGREEMENT GE 16 OF 41
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