Indio City Council
September 16, 2026

Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Ur... Page 776 of 2236

K. The establishment shall conspicuously post the following interior sign stating: "We ID everyone under 27 years of age for any request for our services." The dimensions of such sign shall be at least eight inches by 11 inches. If the predominant language of the establishment's clientele is not English, then a sign shall also be posted in that language. Required Postings. The establishment shall conspicuously post, at or adjacent to the primary public entrance and at each workstation, a sign not less than eight inches by eleven inches stating: "No tattoo, permanent cosmetics, or branding will be performed on any person under 18 years of age, with or without parental consent. Body piercing will not be performed on a person under 18 years of age unless that person's parent or guardian is present. Government-issued photographic identification is required." If the predominant language of the establishment's clientele is not English, the sign shall also be posted in that language. The establishment shall additionally display the body art facility health permit and the registration certificate of each practitioner in the manner required by Health and Safety Code sections 119306(d) and 119312(g).

L. Windows and Exterior Display. Not less than seventy-five percent (75%) of the area of the storefront window glazing, and of any glazing in a public entrance door, shall be maintained clear and unobstructed by signs, window film, tinting, shelving, racks, or other materials. No image depicting specified anatomical areas, as that term is defined in this Code, shall be displayed so as to be visible from the public right-of-way or from any adjoining parcel. Except as to images depicting specified anatomical areas, this Subsection imposes no requirement concerning the content of any design, image, or text.

M. Signage. All signs shall comply with Chapter 3.05 (Sign Regulations) on the same terms as signs for other commercial uses. No sign or exterior display shall be illuminated during hours the establishment is closed to the public. This Chapter imposes no requirement on the size, number, placement, or content of any sign beyond the generally applicable requirements of Chapter 3.05.

N. Lighting. Exterior lighting shall comply with § 3.02.11 (Outdoor Lighting). The operator shall provide and maintain lighting at each exterior public entrance sufficient to illuminate the entrance and the adjacent walkway during all hours the establishment is open to the public and for thirty (30) minutes after closing.

O. Alcoholic Beverages. No alcoholic beverage shall be sold, served, furnished, or consumed on the premises of a tattoo/body art/piercing establishment. No person shall perform a tattoo, body art, or piercing procedure upon any person who appears to be under the influence of alcohol or a controlled substance.

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P. Sterilization, Instruments, and Sharps. The establishment shall comply with Health and Safety Code sections 119308, 119309, 119311, 119314, and 119315, including the requirements that only single-use needles and needle bars be used in tattooing and the application of permanent cosmetics; that needles, needle bars, grommets, and razors be discarded into a sharps waste container immediately upon completion of the procedure; that only commercially manufactured inks, dyes, and pigments be used; that only equipment manufactured for the sterilization of medical instruments be used; that sterilization equipment be tested with a commercial biological indicator monitoring system after installation, after any major repair, and at least once per month; and that the sterilization logs required by section 119315(b)(4) and (b)(5) be maintained for three (3) years. An establishment that uses only purchased disposable, single-use, presterilized instruments in accordance with section 119315(f) shall maintain the records that section requires for the period it specifies in lieu of sterilization records. Records required by this Subsection shall be made available for inspection by DEH enforcement officers and, upon request, by the City.

Q. Facility. The establishment shall comply with the body art facility requirements of Health and Safety Code section 119314, including the requirement that the decontamination and sterilization area be separated from the procedure area. No portion of the premises shall be used or maintained as sleeping or living quarters.

R. Consistency with State Law. This Chapter is adopted in reliance on Health and Safety Code section 119324, which authorizes a city to adopt regulations or ordinances relating to body art that do not conflict with, or are more stringent than, the Safe Body Art Act. To the extent any provision of this Chapter conflicts with the Safe Body Art Act, the Act shall govern. Nothing in this Chapter authorizes the City to impose a fee exceeding the limits of Health and Safety Code section 119324.5, or to duplicate, displace, or condition the permitting and registration functions of the local enforcement agency. § 4.25.04 Ministerial Review; Zoning Clearance.

A. No Discretionary Approval. Establishment of a tattoo/body art/piercing establishment at a fixed location in a zone in which the use is allowed shall not require a Conditional Use Permit, an Administrative Use Permit, or any other discretionary land use approval. This Subsection does not apply to a mobile body art facility, which is a temporary use governed by § 4.25.02(F), Chapter 4.27, and § 6.04.05 on the same terms as other temporary uses. Review shall be by zoning clearance under § 6.04.02, together with planning review under § 6.04.03 where that Section otherwise applies to a project of the same size and type.

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B. Ministerial Standard. The Director shall issue a zoning clearance upon determining that the application demonstrates compliance with the objective standards of this Chapter, including § 4.25.02(B) as modified under § 4.25.02(C) where applicable, and the generally applicable standards of Articles 2 and 3. An application for a modification under § 4.25.02(C) may be filed and shall be acted upon concurrently with the application for zoning clearance. Issuance is ministerial. No public hearing is required, and no finding concerning the desirability, necessity, or compatibility of the use, or its effect on surrounding properties, shall be required or made.

C. Decision Deadline. The Director shall approve or deny a zoning clearance under this Chapter within thirty (30) calendar days after the application is deemed complete. If the Director has not acted within that period, the zoning clearance shall be deemed issued.

D. Written Statement of Reasons. A denial shall be in writing, shall identify each objective standard of this Code the application fails to satisfy, and shall state the facts on which the determination rests. A denial shall not rest on any ground other than failure to satisfy an objective standard of this Code.

E. Appeal. A decision of the Director under this Chapter may be appealed to the Planning Commission under § 6.03.13 (Appeals). The Planning Commission shall hear and decide the appeal within forty-five (45) calendar days after a complete appeal is filed. Review on appeal is limited to whether the application satisfies the objective standards of this Code.

F. Judicial Review. Nothing in this Chapter limits the right of any person aggrieved by a decision under this Chapter to seek prompt judicial review, and the City shall not assert failure to exhaust an administrative remedy not provided by this Chapter as a bar to that review.
§ 4.25.05 Enforcement.

A. A violation of this Chapter is subject to Chapter 6.08 (Enforcement and Abatement) and to every other remedy available at law or in equity.

B. Operating a body art facility without a valid health permit, or performing body art without a valid practitioner registration, is a misdemeanor under Health and Safety Code section 119323 and is independently enforceable by the local enforcement agency. The City may refer a suspected violation to the Riverside County Department of Environmental Health and may rely on a suspension or revocation by that agency as a basis for enforcement under Chapter 6.08.

C. Nothing in this Chapter authorizes any use, conduct, or activity that violates federal, state, or local law.

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SECTION 3. Amendment of Table 2.03.02-1 of Article 2 of Title 17.

Table 2.03.02-1 (Allowed Uses — Mixed-Use Zones) of § 2.03.02 is amended by amending the row entitled "Tattoo/Body Art/Piercing" to read as set forth below. No other row of Table 2.03.02-1 is amended, and no row of Table 2.04.02-1 (Allowed Uses — Non-Residential Zones) of § 2.04.02 is amended. P = Permitted; AUP = Administrative Use Permit; CUP = Conditional Use Permit; TUP = Temporary Use Permit; A = Accessory Use; X = Not Permitted.

Table 2.03.02-1 (Mixed-Use Zones)
Use CN14CN20NC MUN MT Additional / Specific Use
Regulations
Tattoo/Body
Art/Piercing

X P X P AUP
P
AUP
P
AUP
P
See Chapter 4.25 (Tattoo/Body
Art/Piercing Establishments)
SECTION 4. Amendment of § 7.01.02 (Terms) of Article 7 of Title 17.

Subsection T ("T" Terms) of § 7.01.02 is amended as follows:

TATTOO/BODY ART/PIERCING — An establishment whose principal business activity is one or more of the following: A. Using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture the skin; or B. Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. The term includes tattooing, body piercing, branding, and the application of permanent cosmetics as those terms are defined in Health and Safety Code section 119301. The term does not include the piercing of the ear with a mechanical stud and clasp device described in Health and Safety Code section 119325, an act within the professionally recognized scope of practice of a person licensed under Division 2 of the Business and Professions Code, or an establishment whose principal business activity falls within another use classification and that performs body art only incidentally to that activity. A tattoo/body art/piercing establishment is a personal service in character and, except as expressly provided in Chapter 4.25, shall be allowed in the same zones and on the same terms as Personal Services.

Subsection P ("P" Terms) of § 7.01.02 is amended as follows:

PERSONAL SERVICES — An establishment providing non-medical services to individuals as a primary use. In addition to the uses listed below, general personal service uses may also include accessory retail sales of products related to the services provided. Examples includesinclude, but are not limited to, barber/beauty shops, clothing rental, home electronics/small appliance repair, locksmith, shoe and luggage repair, tailors, waxing/tanning salons, and dry-cleaning (pick-up/retail storefront, without

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processing facilities). Tattoo/Body Art/Piercing is listed as a separate use classification in the land use regulation tables of Article 2 and is subject to Chapter 4.25, but is a personal service in character and is allowed in the same zones as other personal services.

SECTION 5. Nonconforming Uses and Pending Applications.

A. No tattoo/body art/piercing establishment lawfully operating on the effective date of this Ordinance shall be deemed a nonconforming use by reason of its location, and the separation required by § 4.25.02(B) shall not be applied to any such establishment at its location on that date. An establishment that relocates to a different site is a new establishment for purposes of § 4.25.02(B).

B. A tattoo/body art/piercing establishment lawfully operating on the effective date of this Ordinance shall comply with § 4.25.03 as amended within one hundred eighty (180) days of that effective date. To the extent §§ 4.25.03(B), (C), (E), (F), (P), (Q), and (R) restate obligations already imposed by the Safe Body Art Act or the Penal Code, those obligations continue in force without regard to this Subsection, because they are already binding independent of this Ordinance. The requirements this Ordinance imposes that are not requirements of state law — including the annual report to the Planning Division under § 4.25.03(D), the identification verification and record retention under §

4.25.03(F), and the postings under § 4.25.03(K) — are subject to the one hundred eighty (180) day period.

C. An application for a zoning clearance, planning review, use permit, or business license that was denied, withdrawn, or refused acceptance for filing before the effective date of this Ordinance, in whole or in part because the proposed tattoo/body art/piercing establishment did not satisfy former § 4.25.02, may be resubmitted within twelve (12) months of the effective date and shall be processed under this Ordinance without payment of a second application fee. This Subsection is a fee provision only. It creates no entitlement to approval and no vested right, it is not an acknowledgment that any prior determination was erroneous, and a resubmitted application remains subject to every standard of this Code.

SECTION 6. No Admission; Reservation of Rights; Prospective Effect.

This Ordinance is a legislative act adopted in the exercise of the City's police power and its authority over land use, and reflects the City Council's determination of what the public interest presently requires. Neither the adoption of this Ordinance, nor any recital, finding, amendment, repeal, or other provision contained in it, nor the consideration or discussion of it, is intended as, or shall be construed or offered as, an admission or concession by the City that any provision of the Indio Municipal Code as it existed before the effective date of this Ordinance was invalid, unlawful, unconstitutional, unenforceable, preempted, or improperly adopted, applied, interpreted, or enforced, or

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that any person has been injured or aggrieved by any such provision. The amendments and repeals effected by this Ordinance operate prospectively only. Nothing in this Ordinance creates, revives, enlarges, impairs, or waives any claim, cause of action, right, or defense, and the City expressly reserves every right and defense available to it with respect to the provisions amended or repealed and with respect to any act taken under them. This Section shall be given effect whether or not any other provision of this Ordinance is held invalid.

SECTION 7. CEQA.

The City Council finds that this Ordinance is not a "project" within the meaning of Public Resources Code section 21065 and CEQA Guidelines sections 15060(c)(3) and 15378(b)(5), because it is an organizational or administrative activity of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, the Ordinance is exempt under the common sense exemption of CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment: it revises the locational and operational standards applicable to a use already allowed by the Code within existing and future commercial tenant spaces, and it authorizes no construction, no increase in intensity, and no expansion of any use beyond that already permitted in the applicable zone. In the further alternative, the Ordinance is categorically exempt under CEQA Guidelines section 15301 (Existing Facilities), because the use will occupy existing structures with negligible or no expansion of use, and under CEQA Guidelines section 15305 (Minor Alterations in Land Use Limitations). The City Council further finds that none of the exceptions in CEQA Guidelines section 15300.2 applies. Staff is directed to file a Notice of Exemption.

SECTION 8. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance or of its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, and portion of it, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or applications be declared invalid or unconstitutional. The City Council further declares that if any provision of this Ordinance is held invalid, the amendments to Chapter 4.25 effected by Section 2 of this Ordinance shall nonetheless remain in full force and effect.

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SECTION 9. Urgency Findings; Effective Date.

This Ordinance is adopted as an urgency ordinance for the immediate preservation of the public peace, health, and safety pursuant to Government Code section 36937(b), and shall take effect and be in force immediately upon its adoption by a four-fifths vote of the City Council. The facts constituting the urgency are as follows:

A. The Indio Municipal Code does not presently impose local standards governing the sterilization of instruments, the handling and disposal of sharps waste, body art facility construction and separation of the decontamination area from the procedure area, the sale or consumption of alcoholic beverages on the premises of a tattoo/body art/piercing establishment, or the verification of a client's age by government-issued photographic identification. This Ordinance imposes each of those requirements and makes each of them enforceable by the City under Chapter 6.08. These are direct protections against the transmission of bloodborne pathogens, against injury from improperly handled sharps waste, and against the tattooing of minors in violation of Penal Code section 653, and the City Council finds that they should take effect at the earliest possible date rather than thirty days hence.

B. Tattoo, body art, and piercing establishments operate within the City at this time, and the City Council finds that a thirty-day delay in the effectiveness of the health, safety, and sanitation standards adopted by this Ordinance would leave members of the public receiving services at those establishments without the protection of those standards during that period, for no corresponding public benefit.

C. A thirty-day delay in the effectiveness of this Ordinance would permit new tattoo/body art/piercing establishments to be established during that period without regard to the separation adopted by § 4.25.02(B), and the City Council could not thereafter apply that separation to them. The City Council finds that the interest in the diversity and balance of commercial land uses described in the Recitals would be impaired, and that the impairment could not be undone.

D. The business of tattooing is protected expression under controlling federal authority. The City Council finds that persons seeking to engage in that expression within the City, and City staff charged with administering the Code, should not be required to operate under standards the City Council has determined to change, and that the uncertainty attending a thirty-day interval between adoption and effectiveness is itself a harm to the orderly administration of the Code and to the public peace.

E. The City Council further finds that prompt effectiveness of this Ordinance will conserve public funds by reducing the prospect of disputes, claims, and litigation

Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Ur... Page 783 of 2236

concerning the standards this Ordinance replaces, and that funds so conserved are available for other public purposes.

All provisions of the Indio Municipal Code inconsistent with this Ordinance are repealed to the extent of the inconsistency. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published or posted in the manner required by law.

If this Ordinance is not adopted by the four-fifths vote required by Government Code section 36937(b), but is adopted by the vote otherwise required by law, this Section 9 shall be severed and of no effect, the Ordinance shall take effect thirty (30) days after its adoption, and every other provision of this Ordinance shall remain in full force and effect.

PASSED, APPROVED AND ADOPTED as an urgency ordinance this 16th day of September, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Mayor, City of Indio
ATTEST:
_______________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
City Attorney

Interim Urgency Ordinance Nos. 1848 and 1849, adoption of Two Interim Ur... Page 784 of 2236 City of Indio
City Council
September 16, 2026

STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Resolution Nos. 10607, 10608, and 10609, Recommendation from the Planning Commission to the City Council to approve Planning Review Discretionary (PLAN-PRD-26-0025), Conditional Use Permit (PLAN-CUP-26- 0010) to allow three drive-through facilities as three Limited Land Uses, and Tentative Tract Map No. 39527 (PLAN-TPM-26-0015) for the Grand Marketplace Phase II project located at the southwest corner of Highway 111 and Rubidoux Street.

RECOMMENDATION:

Approve Resolution Nos. 10607, 10608, and 10609 approving the Grand Marketplace Phase II project, including Planning Review Discretionary Application No. PLAN-PRD-26-0025 with the Master Sign Plan, Conditional Use Permit Application No. PLAN-CUP-26-0010, and Tentative Tract Map No. 39527, and determine that the Project is within the scope of the environmental analysis previously prepared pursuant to CEQA Guidelines Section 15183.

SUMMARY:

On March 16, 2026, Lynn Bremner of The Haagen Company, on behalf of the property owner, submitted applications to the Community Development Department requesting approval of Planning Review Discretionary (PLAN-PRD-26-0025) for the development of three (3) commercial pad buildings totaling approximately 10,290 square feet on approximately 2.09 acres, including site design, architecture, circulation, landscaping, parking, and a Master Sign Plan; Conditional Use Permit (PLAN-CUP-26-0010) to allow three (3) drive-through facilities as three Limited Land Uses consisting of two (2) quick-service restaurants and one (1) financial institution; and Tentative Tract Map No. 39527 (PLAN-TPM-26-0015) to subdivide approximately 16.68 acres comprised of thirteen (13) Assessor’s Parcel Numbers representing three (3) existing legal parcels (APNs: 614-020-005, - 008, -009, -011, -012, -015, -016, -021, -024, -027, -028, 614-030-002, and 614-650-007) into seven (7) development parcels and one (1) remainder parcel, for a total of eight (8) parcels, for the Grand Marketplace Phase II commercial project located at the southwest corner of Highway 111 and Rubidoux Street. Environmental review for the project was completed pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

BACKGROUND INFORMATION:

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 AGENDA ITEM #12.1
Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 785 of 2236 testimony, and adopted Resolution No. 10326 approving the Highway 111 Corridor Specific Plan and repealing the Central Highway 111 Corridor Specific Plan and Mixed Use Specific Plan-300 (MUSP-300). On the same date, the City Council adopted Resolution No. 10325 making a finding of consistency with the certified General Plan 2040 Program Final Environmental Impact Report (PFEIR) for adoption of the Highway 111 Corridor Specific Plan.

On May 28, 2025, the Planning Commission adopted Resolution No. 2113 approving the Grand Marketplace Phase I project consisting of two multi-tenant commercial retail buildings on approximately 1.91 acres located at 82227 Highway 111 (APN: 614-020-027), including associated circulation, parking, landscaping, and site improvements. The Phase I approval established the initial redevelopment phase of the larger Grand Marketplace project and included findings that the project was consistent with the Highway 111 Corridor Specific Plan and reviewed pursuant to CEQA Guidelines Sections 15162 and 15183.

The approved Grand Marketplace Phase I development included multiple commercial retail and service buildings designed to support continued reinvestment and redevelopment within the Highway 111 corridor area. The Planning Commission found that the Phase I project complied with the applicable development and design standards of the Highway 111 Corridor Specific Plan, including architectural design, landscaping, circulation, parking, and pedestrian connectivity requirements. Phase I is currently under construction.

On December 9, 2025, the Applicant submitted a Pre-Application Conference request for the proposed Grand Marketplace Phase II project. A formal Pre-Application Conference was conducted on January 22, 2026, with City staff and applicable reviewing departments to discuss the proposed development, entitlement requirements, circulation, infrastructure, and project consistency with the Highway 111 Corridor Specific Plan.

On March 16, 2026, Lynn Bremner of The Haagen Company, on behalf of the property owner, submitted applications to the Community Development Department requesting approval of Planning Review Discretionary (PLAN-PRD-26-0025) for the development of three (3) commercial pad buildings totaling approximately 10,290 square feet on approximately 2.09 acres, including site design, architecture, circulation, landscaping, parking, and a Master Sign Plan; Conditional Use Permit (PLAN-CUP-26-0010) to allow three (3) drive-through facilities consisting of two (2) quickservice restaurants and one (1) financial institution; and Tentative Tract Map No. 39527 (PLANTPM-26-0015) to subdivide approximately 16.68 acres comprised of thirteen (13) Assessor's Parcel Numbers representing three (3) existing legal parcels (APNs: 614-020-005, -008, -009, -011, -012, - 015, -016, -021, -024, -027, -028, 614-030-002, and 614-650-007) into seven (7) development parcels and one (1) remainder parcel, for a total of eight (8) parcels, for the Grand Marketplace Phase II project located at the southwest corner of Highway 111 and Rubidoux Street.

Environmental review for the project was completed pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

On August 12, 2026, the Planning Commission conducted a duly noticed public hearing to consider the Grand Marketplace Phase II project, reviewed the staff report and supporting materials, and accepted and considered public testimony. Following the public hearing, the Planning Commission adopted Resolution Nos. 2143, 2144, and 2145 recommending that the City Council approve Planning Review Discretionary (PLAN-PRD-26-0025), Conditional Use Permit (PLAN-CUP-26- 0010), Tentative Tract Map No. 39527 (PLAN-TPM-26-0015), and the associated environmental determination pursuant to CEQA Guidelines Section 15183.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 786 of 2236 The Grand Marketplace Phase II project represents the second phase of redevelopment for the existing Grand Marketplace shopping center and includes redevelopment of existing parking lot areas located along the Highway 111 frontage, east of the primary project entrance and west of Rubidoux Street. The proposed development consists of one (1) approximately 3,390-square-foot financial institution with a drive-through facility and two (2) quick-service restaurants with drivethrough facilities, totaling approximately 3,400 square feet and 3,500 square feet, respectively.

The project site is located within Subarea 18 of the Highway 111 Corridor Specific Plan and has a General Plan land use designation of Midtown (MT) Center and a zoning designation of Mixed-Use Corridor (MU-C). The site is also subject to the Master Planned Development (MPD) Overlay and the Mixed-Use Center (MU-Ctr) Frontage Overlay. Pursuant to Section 3.14 of the Highway 111 Corridor Specific Plan, drive-through facilities within Subarea 18 are classified as Limited Land Uses and require approval of a Conditional Use Permit. Approval of the proposed Project will exhaust the maximum allowance of four (4) Limited Land Use approvals permitted within Subarea 18, consisting of one (1) previously approved Limited Land Use under the Grand Marketplace Phase I project, two (2) proposed drive-through restaurant uses, and one (1) proposed drive-through facility associated with the financial institution.

Site access to the Phase II development area will continue to be provided through the existing Grand Marketplace circulation system from Highway 111 and Rubidoux Street. The project includes associated circulation improvements, parking, pedestrian pathways, landscaping, utility infrastructure, and subdivision improvements consistent with the proposed Tentative Tract Map and approved phasing plan for the overall Grand Marketplace redevelopment project.

The General Plan Land Use designations, zoning, and existing uses are identified in the table below:

Table A:

General Plan, Zoning, and Surrounding Existing Use
General Plan 2040 Zoning/Overlay Existing Use
Site: Midtown (MT)
Mixed-Use Corridor (MUC)/Master Planned
Development (MPD)
Overlay/Mixed-Use Center
(MU-Ctr) Frontage Overlay
Vacant/
Commercial
North: Midtown (MT)
Mixed-Use Corridor (MUC)/Master Planned
Development (MPD)
Overlay/Mixed-Use Center
(MU-Ctr) Frontage Overlay
Commercial/
Retail
South: Midtown (MT) Neighborhood General (NG) Vacant
East: Midtown (MT) Mixed-Use Corridor (MU-C) Commercial/ Retail
West: Midtown (MT)
Mixed-Use Corridor (MUC)/Master Planned
Development (MPD)
Overlay/Mixed-Use Center
(MU-Ctr) Frontage Overlay
Commercial/
Retail

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 787 of 2236 Tentative Tract Map
Tentative Tract Map No. 39527 proposes to subdivide an approximately 16.68-acre site into seven (7) development parcels and one (1) remainder parcel to facilitate future mixed-use commercial development. The proposed subdivision is summarized below:

Table B: Subdivision Summary
Lot No. New Parcel
Size Zoning Existing Use
Parcel 1 1.45 acres Mixed-Use Corridor IGM Phase I
Parcel 2 0.79 acres Mixed-Use Corridor Vacant
Parcel 3 0.59 acres Mixed-Use Corridor Vacant
Parcel 4 0.72 acres Mixed-Use Corridor Vacant
Parcel 5 6.30 acres Mixed-Use Corridor
Vacant
Commercial
Building
Parcel 6 4.44 acres Mixed-Use Corridor
Vacant
Commercial
Building
Parcel 7 2.20 acres Mixed-Use Corridor Commercial/
Retail
Remainder Parcel .21 acres Mixed-Use Corridor Vacant
The proposed subdivision is intended to facilitate phased commercial development consistent with the Highway 111 Corridor Specific Plan. The Project site is designated Mixed-Use Corridor (MU-C) and is also subject to the Master Planned Development Overlay and the Mixed-Use Center Frontage Overlay. Neither the MU-C zoning designation nor the applicable overlays establish minimum or maximum parcel-size requirements for the Project site. The proposed parcels are therefore evaluated based on their ability to accommodate the proposed and future development, circulation, parking, pedestrian access, landscaping, utilities, drainage, and other improvements required by the Highway 111 Corridor Specific Plan and the applicable conditions of approval.

Public Hearing Notice:

A public hearing notice for the Project was published in the Desert Sun, the newspaper of record, on August 31, 2026, and a public hearing notice was mailed to property owners within a radius of 500- feet of the subject property on August 27, 2026, pursuant to Section 6.03.A.2 of the City of Indio Municipal Code.

FINDINGS: TENTATIVE TRACT MAP

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 788 of 2236 The Subdivision Map Act requires that, before any map approval, the City finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan 2040 (Government Code Section 66473.5). The Findings and Conclusion section of this report addresses the consistency of the Tentative Tract Map with the Subdivision Map Act and Chapter 156 (Subdivision Regulations) of the Indio Municipal Code.

The Indio Municipal Code and California Government Code Section 66474 establish the findings required for approval of a Tentative Tract Map. The Planning Commission previously reviewed Tentative Tract Map No. 39527 and adopted Resolution No. 2145 recommending approval to the City Council. The proposed Grand Marketplace Phase II project also includes Limited Land Uses requiring City Council approval pursuant to Section 3.14 of the Highway 111 Corridor Specific Plan.

Accordingly, the Tentative Tract Map, Planning Review Discretionary, and Conditional Use Permit applications are being processed concurrently and are subject to City Council review and approval.

The findings below analyze the proposed Tentative Tract Map:

I. The proposed tentative tract map is consistent with applicable General Plan and Specific Plans:

The project site has a General Plan land use designation of Midtown (MT) Center and a zoning designation of Mixed-Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan. The Midtown (MT) Center designation is intended to accommodate a mix of commercial, office, retail, entertainment, restaurant, residential, and pedestrian-oriented land uses that support reinvestment and redevelopment along the Highway 111 corridor. The Mixed-Use Corridor (MU-C) zoning designation is intended to implement the vision of Highway 111 as a mixed-use corridor characterized by active commercial frontages, pedestrian-oriented development, enhanced architectural design, integrated circulation systems, and a strong corridor identity. The project site is also located within the Master Planned Development (MPD) Overlay, which is intended to facilitate the coordinated planning and implementation of larger or more complex development projects. The project site is further located within the Mixed-Use Center (MU-Ctr) Frontage Overlay, which is intended to establish active, pedestrian-oriented commercial frontages at key intersections along the Highway 111 Corridor.

Tentative Tract Map No. 39527 proposes to subdivide an approximately 16.68-acre site into seven (7) development parcels and one (1) remainder parcel to facilitate the phased commercial redevelopment of the Grand Marketplace Phase II project. The project site is comprised of three (3) existing legal parcels represented by thirteen (13) Assessor’s Parcel Numbers (APNs), which are proposed to be subdivided into seven (7) development parcels and one (1) remainder parcel in accordance with the Subdivision Map Act. The proposed subdivision is consistent with the General Plan 2040, the Highway 111 Corridor Specific Plan, and the Unified Development Code. The resulting parcels are of sufficient size and configuration to accommodate permitted commercial development, circulation improvements, parking, landscaping, pedestrian connectivity, utility infrastructure, stormwater improvements, and other associated site improvements in accordance with applicable land use and development standards. The remainder parcel provides flexibility for future development while maintaining consistency with the proposed subdivision pattern. All future development within the boundaries of Tentative Tract Map No. 39527 shall comply with the Highway 111 Corridor Specific Plan, the Unified Development Code, and all applicable conditions of approval associated with the project entitlements.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 789 of 2236 II. The design or improvement of the proposed subdivision is consistent withapplicable General Plan and Development Agreement in that:

The proposed subdivision will facilitate phased commercial redevelopment within an existing developed commercial corridor served by existing roadway, utility, and circulation infrastructure. The project site has frontage along Highway 111 and Rubidoux Street and is served by existing access points and internal circulation improvements associated with the existing Grand Marketplace Shopping Center.

Tentative Tract Map No. 39527 establishes seven (7) development parcels and one (1) remainder parcel capable of accommodating commercial development, circulation improvements, parking facilities, landscaping, pedestrian pathways, drainage infrastructure, utility improvements, and associated site features. No new public streets are proposed as part of the subdivision.

Development of the resulting parcels shall be subject to grading permit, building permit, utility plan, and improvement plan review by the applicable City departments. Improvement plans shall be reviewed for compliance with applicable City engineering standards and approved by the City Engineer prior to construction.

The Highway 111 Corridor Specific Plan references an agreement associated with the Indio Grand Marketplace property. Subsequent to adoption of the Specific Plan, HCL Indio Land Development, LLC, through Haagen Company LLC, provided written notice dated December 29, 2022, electing to terminate the Disposition and Development Agreement between the City of Indio and HCL Indio Land Development, LLC, dated August 4, 2022. The termination resulted from unresolved title exceptions affecting the property. Accordingly, the terminated Disposition and Development Agreement does not govern the design or improvements proposed under Tentative Tract Map No. 39527.

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

The project site is located within an existing urbanized area of the City of Indio and is currently developed with commercial uses, parking areas, and previously disturbed land. The site is generally flat and has access to existing public roadways and highway 111, utilities, and municipal services.

The subdivision is designed to accommodate commercial redevelopment consistent with the Midtown (MT) Center General Plan designation, the Mixed-Use Corridor (MU-C) zoning designation, the Master Planned Development (MPD) Overlay, and the Mixed-Use Center (MU-Ctr) Frontage Overlay under the Highway 111 Corridor Specific Plan.

IV. The site is physically suitable for the proposed density of development in that:

The project site has a General Plan land use designation of Midtown Center and a zoning designation of Mixed-Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan (111- CSP). The 111-CSP does not establish minimum or maximum parcel size requirements within the MU-C zoning designation. The proposed subdivision creates parcels ranging in size from 0.59 acres to 6.30 acres capable of accommodating future buildings, drive-through facilities, parking, pedestrian connectivity, landscaping, utility infrastructure, and associated site improvements.

The 111-CSP establishes development standards intended to support reinvestment and redevelopment within the corridor area, including provisions for Limited Land Uses approved through the Conditional Use Permit process. The proposed subdivision and associated commercial development are consistent with the applicable development standards, conceptual site plans, and flexibility provisions of the 111-CSP. Based on the conceptual development plans and proposes subdivision layout, the site is physically suitable for the proposed intensity and type of development.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 790 of 2236 V. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that:

The project site is located within an existing developed urban area surrounded by commercial development, roadways, and disturbed land. The site does not contain sensitive biological habitat, wetlands, or significant natural resources. Environmental review for the project was completed pursuant to CEQA Guidelines Section 15183, which applies to projects consistent with the development density and policies established by an existing community plan, general plan, or zoning for which an Environmental Impact Report has previously been certified. Based on the environmental review completed for the project, the subdivision and associated improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

VI. The design of the subdivision or type of improvements are not likely to cause serious public health problems in that:

The subdivision proposes seven (7) development parcels and one (1) remainder parcel, as identified in Table B, for commercial and mixed-use development with access to existing urban infrastructure.

The project site is served by existing water, sewer, drainage, roadway, and utility systems. Pursuant to Conditions of Approval Nos. 37 through 47, 57 through 66, 95, 98 through 101, and 103 through 113 of Resolution No. 2143, and Condition of Approval No. 13 of Resolution No. 2145, the Project is required to construct and connect to all necessary infrastructure improvements, including sewer laterals, water connections, storm drain facilities, utilities, and associated public improvements, in compliance with applicable City and agency standards. With implementation of these conditions, the subdivision will be adequately served by public infrastructure, and the design of the subdivision is not likely to cause serious public health problems.

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

As proposed, Tentative Tract Map No. 39527 does not conflict with any public easements acquired for access or use by the public at large. The site is accessed from the existing public streets of Highway 111 and Rubidoux and existing internal circulation improvements associated with the Grand Marketplace shopping center. The proposed parcel configuration and access improvements have been reviewed by the applicable City departments and are not anticipated to interfere with existing access easements, utility easements, or public right-of-way. Therefore, the subdivision’s design is consistent with existing public access and easement rights.

FINDINGS: PLANNING REVIEW DISCRETIONARY
General Plan 2040 Consistency:

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

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

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 791 of 2236 The Midtown (MT) Center designation is intended to support reinvestment, redevelopment, and revitalization along the Highway 111 Corridor through a mix of commercial, office, retail, restaurant, entertainment, residential, and pedestrian-oriented land uses. The General Plan identifies the Highway 111 Corridor and the Indio Grand Marketplace area as a key opportunity area for the creation of a walkable mixed-use district intended to serve as a center of commerce, activity, and corridor identity within the City.

The Project site is also located within the Mixed-Use Corridor (MU-C) zoning designation of the Highway 111 Corridor Specific Plan. The MU-C zoning designation is intended to implement the vision of Highway 111 as a mixed-use corridor characterized by active commercial frontages, pedestrian-oriented development, integrated circulation systems, enhanced architectural design, and corridor reinvestment. The Highway 111 Corridor Specific Plan allows a mix of commercial, office, retail, restaurant, entertainment, and mixed-use development within the MU-C zoning designation.

The proposed Grand Marketplace Phase II Project includes three (3) commercial pad buildings consisting of two (2) quick-service restaurants with drive-through facilities and one (1) financial institution with a drive-through facility, together with associated circulation improvements, parking, landscaping, pedestrian connections, architectural enhancements, and a Master Sign Plan.

Although drive-through facilities do not represent the ultimate pedestrian-oriented and mixed-use vision established for the Highway 111 Corridor, Section 3.14 of the Highway 111 Corridor Specific Plan establishes a Limited Land Use process that allows a restricted number of automobile-oriented uses during the corridor’s transition. The Limited Land Use provisions are intended to provide flexibility for uses that support commercial reinvestment and neighborhood-serving activity while limiting their number and requiring approval through the Conditional Use Permit process.

The proposed drive-through facilities qualify for consideration as three Limited Land Uses within Subarea 18. The Project supports continued reinvestment in the Grand Marketplace property through new commercial development, coordinated site planning, enhanced architecture, landscaping, pedestrian connections, outdoor dining areas, storefront glazing, and frontage improvements. These features reduce the automobile-oriented character of the proposed uses and advance the broader revitalization and design objectives of the Highway 111 Corridor Specific Plan.

Accordingly, the proposed Project is consistent with the Midtown (MT) Center General Plan land use designation and the Mixed-Use Corridor zoning designation and, as conditioned, satisfies the applicable Limited Land Use provisions, development standards, design criteria, and land use requirements established for the Project site.

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

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

LU-1.1: Overall city structure. Establish a clearly defined City Structure by creating mixed-use corridors along Highway 111, Monroe Street, Avenue 42, and Avenue 44 that contain a mix of retail, service, office, and residential uses. Corridors should have defined nodes that provide a mix of local- and regional-serving uses.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 792 of 2236 The proposed Grand Marketplace Phase II project includes three commercial pad buildings consisting of one financial institution with a drive-through facility and two quick-service restaurants with drive-through facilities along the Highway 111 corridor. Tentative Tract Map No. 39527 will subdivide the approximately 16.68-acre site into seven (7) development parcels and one (1) remainder parcel, creating appropriately configured parcels that can accommodate the proposed development and additional future commercial and mixed-use development. The Project supports the continued redevelopment and reinvestment of the Highway 111 corridor by introducing commercial, restaurant, and service-oriented uses within the Midtown area while establishing a subdivision and development pattern that facilitates future development consistent with the General Plan 2040 and Highway 111 Corridor Specific Plan.

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

LU-2.6: Shade. Require the use of large shade trees or structures to provide comfortable environments during hot months.

The Project includes drought-tolerant landscaping with shade trees throughout parking areas and pedestrian walkways, architectural overhangs, and enhanced pedestrian pathways intended to improve pedestrian comfort throughout the site.

LU-2.7: Parking lot and prominent pathways. Require trees, shade structures, and/or other cooling methods to provide comfortable walkways during hot months.

The Project includes pedestrian pathways connecting building entrances, parking areas, and internal circulation routes. These pathways connect, or will be extended to connect, with the existing public sidewalk along Highway 111, providing continuous pedestrian access between the proposed buildings, the Grand Marketplace shopping center, and the surrounding corridor. Shade trees, landscaping improvements, paving treatments, and architectural shading elements are incorporated throughout the site to improve pedestrian connectivity and pedestrian comfort.

Goal LU-3: Human-Scaled Public Realm. A City designed for people, fostering interaction, activity, and safety.

LU 3.1: Streetscape design. Create pedestrian-oriented streetscapes by establishing a unified approach to street tree planting, sidewalk dimensions and maintenance, pedestrian amenities, and high-quality building frontages.

The Project includes coordinated frontage improvements along Highway 111 and Rubidoux Street consisting of pedestrian pathways, landscaping, street trees, and enhanced architectural building frontages. The proposed landscaping will preserve the existing mature palm trees along Highway 111 and establish a unified landscape treatment that is compatible with the existing Grand Marketplace improvements and the landscape improvements approved for Phase I. The Project is also required to provide a minimum 11-foot-wide parkway along the Highway 111 and Rubidoux Street frontages, accommodating pedestrian and landscape improvements consistent with the Highway 111 Corridor Specific Plan. A property owners association will be responsible for maintaining the interior and exterior common areas and all frontage landscaping along Highway 111 and Rubidoux Street. The proposed building frontages incorporate storefront glazing, articulated façades, varied roof and parapet heights, decorative materials, architectural overhangs, enhanced building entrances, pedestrian paving treatments, and landscaping. These features provide visual

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 793 of 2236 interest, emphasize pedestrian entrances, improve visibility and connectivity, and support interaction, activity, and safety along the project frontage and internal pedestrian routes.

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

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

The Project proposes contemporary commercial architecture consisting of enhanced building articulation, varied roof heights, integrated architectural features, decorative material treatments, stone veneer accents, storefront glazing systems, and coordinated building colors intended to create a cohesive and high-quality commercial development consistent with the Highway 111 Corridor Specific Plan.

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

The Project incorporates enhanced pedestrian walkways, paving treatments, building overhangs, landscaping improvements, and enhanced architectural entry features intended to emphasize building entrances and improve pedestrian connectivity along Highway 111 and throughout the site.

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

Project incorporates climate-appropriate design features intended to reduce solar exposure and improve pedestrian comfort within Indio’s warm desert environment. The proposed buildings include architectural canopies and overhangs at storefronts and entrances, low-emissivity glazing, lightcolored exterior finishes, drought-tolerant landscaping, and shade trees along pedestrian routes and outdoor activity areas. The two quick-service restaurant buildings also include covered outdoor dining patios that provide shade for customers and support the use of outdoor seating during warmer months. The buildings are arranged to accommodate the operational and circulation requirements of the proposed drive-through facilities rather than as a clustered passive-cooling configuration. Compliance with applicable California Building Code and Title 24 energy-efficiency requirements, including required wall and roof insulation values, will be verified during building permit plan review.

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

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

Highway 111 Corridor Specific (111-CSP) Plan Compliance:

Section 2.1: Vision for the Highway 111 Corridor Specific Plan

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 794 of 2236 Section 2.1 states that “The Highway 111 Corridor will be transformed from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the City of Indio, respecting the Corridor’s history and context, building on its existing amenities, reflecting community desires, and leveraging evolving economic opportunities for the benefit of the entire community.”
The proposed Grand Marketplace Phase II project includes three commercial pad buildings consisting of one financial institution and two quick-service restaurants, each with a drive-through facility, within the existing Grand Marketplace Commercial Center. Although drive-through facilities are not representative of the long-term mixed-use and pedestrian-oriented vision for the Highway 111 Corridor, Section 3.14 of the 111-CSP establishes a Limited Land Use process that allows a limited number of automobile-oriented uses within the Mixed-Use Corridor zone through a Conditional Use Permit and City Council approval. This process is intended to provide flexibility during the corridor’s transition while limiting the number of such uses and requiring projects to support continued reinvestment and revitalization. The Project incorporates new commercial investment, enhanced architecture, landscaping, pedestrian connections, outdoor dining areas, frontage improvements, and coordinated signage intended to advance the broader vision and design objectives of the 111-CSP while utilizing the Limited Land Use provisions applicable to Subarea 18.

Section 2.3.2 Midtown
Section 2.3 of the Highway 111 Corridor Specific Plan divides the corridor into three distinct segments based on their existing character, development patterns, and anticipated opportunities for change. The Midtown segment is centered around the Indio Grand Marketplace, which is identified as a significant commercial anchor within the Highway 111 Corridor. The Specific Plan recognizes that a master planning effort for the Grand Marketplace property was underway and identifies the site as an opportunity to support continued reinvestment, redevelopment, and the long-term transition of Midtown into a more active mixed-use district.

The Midtown vision builds upon the Grand Marketplace and surrounding commercial activity by encouraging a broader mix of retail, restaurant, office, entertainment, housing, and pedestrianoriented uses. The proposed Grand Marketplace Phase II Project contributes to this transition through new commercial investment, coordinated site planning, enhanced architecture and landscaping, pedestrian connections, outdoor dining areas, and frontage improvements. Tentative Tract Map No. 39527 will also establish the development of parcels capable of accommodating the proposed improvements and facilitating additional future development within the Grand Marketplace property consistent with the long-term Midtown vision of the Highway 111 Corridor Specific Plan.

Section 3 Development Standards & Guidelines
Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) specifies that this Chapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC), where noted. In cases where this Chapter is silent, the requirements of the IMC or UDC shall apply (as prescribed in those documents). In cases where there is conflict between the requirements of this Chapter and those of the IMC or UDC, the requirements of this Chapter shall supersede. The proposed Project has been reviewed for consistency with the Highway 111 Corridor Specific Plan, Unified Development Code, Subdivision Map Act and applicable provisions of the Indio Municipal Code. Conditions of approval have been incorporated to ensure continued compliance with all applicable development and design standards.

Section 3.2.G.3.A Council Approval Required

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 795 of 2236 Pursuant to Section 3.2.G.3.A of the Specific Plan specifies that the following Limited Uses shall require City Council approval inclusive of fueling stations, car washes and any use including a vehicular drive-through.

Table 3.4-2 Subareas by Parcel APN
Table 3.4-2 of the Highway 111 Corridor Specific Plan establishes 27 regulatory subareas based on parcel Assessor’s Parcel Numbers and identifies the parcels assigned to each subarea. These regulatory subareas are used throughout the Specific Plan to determine the applicability of development standards, overlay requirements, land use provisions, circulation requirements, and Limited Land Use allowances.

The Grand Marketplace property is identified within Subarea 18. Accordingly, the standards and provisions of the Highway 111 Corridor Specific Plan applicable to Subarea 18 apply to the proposed Grand Marketplace Phase II project, including the Master Planned Design Overlay, MixedUse Center Overlay, applicable connectivity requirements, and the Limited Land Use provisions of Section 3.14. Table 3.4-2 therefore provides the regulatory basis for evaluating the Project under the Subarea 18 requirements of the Highway 111 Corridor Specific Plan.

Section 3.4.C.1 Master Planned Design (MPD) Overlay
Pursuant to Section 3.4.C.1 of the Highway 111 Corridor Specific Plan, the Master Planned Design (MPD) Overlay is a regulatory overlay applied to parcels and areas that, due to their size, location, development potential, or need for subdivision and connectivity improvements, require comprehensive and coordinated planning. The MPD Overlay identifies where development must be reviewed through a Master Planned Development Permit. The MPD Overlay and the MPD Permit are therefore distinct: the MPD Overlay establishes the regulatory applicability, while the MPD Permit is the entitlement through which the proposed parcel configuration, regulatory zones and overlays, circulation network, pedestrian connectivity, public realm improvements, infrastructure, and development phasing are reviewed and established.

The previously approved Grand Marketplace Phase I project involved development of approximately

1.91 acres and did not include subdivision or comprehensive reconfiguration of the larger Grand Marketplace property. Accordingly, Phase I was processed as an individual development phase and was not reviewed through a separate Master Planned Development Permit.

In contrast, the proposed Grand Marketplace Phase II project includes Tentative Tract Map No. 39527, which encompasses approximately 16.68 acres and proposes to subdivide the larger project site into seven development parcels and one remainder parcel. Table 3.2-3 of the Highway 111 Corridor Specific Plan requires a Master Planned Development Permit for development of a site greater than four acres where subdivision is required. The proposed tentative tract map and its comprehensive reorganization of the larger Grand Marketplace property therefore trigger review of a Master Planned Development Permit as part of Planning Review Discretionary Application No.

PLAN-PRD-26-0025.

The Master Planned Development Permit includes the supplemental plans and materials required by Table 3.2-3, including a coordinated parcel and block configuration, public-realm and connectivity planning, application of regulatory zones and overlays, and development phasing. The Project addresses these requirements through an integrated development plan for parcel configuration, phased commercial development, internal vehicular circulation, pedestrian connections, parking, landscaping, drainage, utilities, frontage improvements, and future development opportunities within the Grand Marketplace property.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 796 of 2236 Tentative Tract Map No. 39527 establishes seven development parcels and one remainder parcel, creating an orderly subdivision pattern that accommodates the proposed Phase II improvements and facilitates future development. The Project also coordinates with the existing Grand Marketplace shopping center and the previously approved Phase I development through shared circulation, access, pedestrian connectivity, landscaping, infrastructure, and common-area improvements.

Required MPD Permit Findings
Pursuant to Section 3.2.E.6 of the Highway 111 Corridor Specific Plan, approval of an MPD Permit requires the following findings:

1. Consistency with Development Standards and Guidelines Required Finding: The application demonstrates compliance with all relevant Development Standards and Guidelines of the Highway 111 Corridor Specific Plan or demonstrates consistency with the intent thereof if applying for a Minor Exemption or Variance as defined in Section 3.2.C, to the satisfaction of the Reviewing Authority;
The proposed Project demonstrates compliance with the applicable development standards and design guidelines of the Highway 111 Corridor Specific Plan. The MPD application includes coordinated plans addressing parcel configuration, site design, circulation, parking, pedestrian connectivity, architecture, landscaping, frontage improvements, drainage, utilities, and phasing. The proposed development is consistent with the applicable standards and design objectives of the Mixed-Use Corridor zoning designation, the MPD Overlay, and the Mixed-Use Center Frontage Overlay.

2. Consistency with the Goals and Vision of the Highway 111 Corridor Specific Plan Required Finding: The Project contributes to the overall goals and vision for the 111 Corridor as described in Chapter 1 and 2 of this 111 CSP, to the satisfaction of the Reviewing Authority; The proposed Project contributes to the goals and vision of the Highway 111 Corridor Specific Plan by facilitating coordinated reinvestment and redevelopment within the Midtown corridor segment and the existing Grand Marketplace commercial center. The Project provides new commercial and service uses, enhanced architectural design, coordinated landscaping, pedestrian connections, outdoor dining areas, frontage improvements, and a subdivision pattern that supports additional future development. These improvements build upon the Grand Marketplace as a significant Midtown anchor and support the continued transition of the Highway 111 Corridor toward a more active, connected, and visually cohesive district.

Although the three proposed drive-through facilities do not represent the ultimate pedestrianoriented and mixed-use vision of the Highway 111 Corridor Specific Plan, Section 3.14 establishes a Limited Land Use process that allows a restricted number of automobile-oriented uses during the corridor’s transition. The Project qualifies for consideration as three Limited Land Uses and incorporates storefront glazing, pedestrian pathways, outdoor dining areas, architectural canopies, landscaping, and frontage improvements intended to reduce the automobile-oriented character of the development. The Project therefore provides near-term commercial reinvestment and neighborhood-serving activity while supporting the broader long-term goals and vision of the Highway 111 Corridor Specific Plan.

3. Consistency with the California Environmental Quality Act Required Finding: The Project complies with all applicable mitigation contained in the GPEIR, Mitigation and Monitoring Program, and other applicable environmental documents. The applicable

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 797 of 2236 environmental documents. The applicant will be required to demonstrate consistency that shall be processed under the provisions of Section 15183 of CEQA Guidelines; The Project has been reviewed pursuant to CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The Project is consistent with the City of Indio General Plan 2040, the Highway 111 Corridor Specific Plan, and the development density and applicable policies evaluated in the certified General Plan 2040 Program Environmental Impact Report. No project-specific significant environmental effects have been identified that would require additional environmental review.

4. Consistency with Other Conditions of Approval
Required Finding The Project complies with any conditions imposed through any existing Master Planned Development permit, Subdivision, Land Use and/or Planning Review Discretionary approval(s);
The Grand Marketplace Phase II serves as the implementing project for this Master Planned Development permit and has been conditioned to comply with all applicable Conditions of Approval contained in Resolution Nos. 2143, 2144, and 2145. These conditions collectively regulate the design, subdivision, construction, implementation, and operation of the Grand Marketplace Phase II project. Compliance with all applicable Conditions of Approval will be required throughout project development and operation.

Section 3.4.C.2 Mixed-Use Corridor (MU-C) Zone
Section 3.4.C.2 states that the Mixed-Use Corridor (MU-C) Zone is intended to implement the vision for Highway 111 to evolve into a mixed-use central boulevard characterized by active ground-floor uses, pedestrian-oriented development, enhanced corridor identity, and integrated circulation systems. The project site has a zoning designation of Mixed-Use Corridor under the Highway 111 Corridor Specific Plan. The proposed Project includes commercial, retail, restaurant, and officeserving uses together with pedestrian walkways, landscaping improvement, coordinated architectural design, and circulation improvements, intended to support reinvestment and redevelopment within the Highway 111 corridor.

Pursuant to Section 3.5 and Table 3.5-1 of the Highway 111 Corridor Specific Plan establishes permitted and conditionally permitted land uses within the Mixed-Use Corridor (MU-C) zoning designation. The proposed financial institution, restaurant, and commercial uses are permitted or conditionally permitted uses within the MU-C zoning designation. Pursuant to Section 3.14 of the Highway 111 Corridor Specific Plan, drive-through facilities are classified as Limited Land Uses and require additional review and approval by the City Council.

Section 3.4.C.5 Mixed-Use Center (MU-Ctr) Frontage Overlay Section 3.4.C.5 of the Highway 111 Corridor Specific Plan establishes the Mixed-Use Center (MUCtr) Frontage Overlay to reserve ground-floor commercial or “retail-ready” space for active, neighborhood-serving uses at key nodes and centers along the Highway 111 Corridor. The Overlay is intended to ensure that a meaningful amount of ground-floor space is designed for commercial activity and may be adapted to other market-supported uses during the corridor’s transition. The Overlay limits ground-floor uses to neighborhood- and district-serving amenities and uses that generate human activity and requires commercial or retail-ready spaces and frontages wherever the Overlay is mapped.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 798 of 2236 The proposed Project is located within Subarea 18 and the MU-Ctr Frontage Overlay. The Project provides ground-floor commercial space through two quick-service restaurants and one financial institution, which provide neighborhood- and district-serving dining and financial services within the Grand Marketplace commercial center. The restaurant buildings include customer entrances, storefront glazing, and covered outdoor dining areas that generate activity and provide visual connections between the building interiors and adjacent pedestrian areas. The financial institution also includes storefront glazing and publicly accessible customer-service areas. Pedestrian pathways, landscaping, shade trees, architectural canopies, outdoor seating, and connections to the existing sidewalk system further support pedestrian access and activity within the commercial center.

The Project’s drive-through facilities, surface parking, and individual pad-building configuration do not fully represent the Specific Plan’s ultimate long-term vision for a continuous, pedestrian-oriented mixed-use center frontage. However, the drive-through facilities are being considered through the Limited Land Use provisions of Section 3.14, which allow a limited number of less-urban commercial development forms during the corridor’s transition. The proposed ground-floor commercial uses, transparent storefronts, outdoor dining areas, pedestrian connections, landscaping, and frontage improvements support the near-term intent of the MU-Ctr Frontage Overlay while the corridor continues to transition toward its long-term mixed-use vision.

Section 3.5.C Supporting Findings for Approved Land Uses Required Findings for CUP Approvals
A. That the proposed use will not become a public nuisance, resulting in disturbances of the peace, illegal drug activity including sales or possession thereof, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, public urination, curfew violations, theft, assaults, batteries, acts of vandalism, illegal parking, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, lewd conduct, or frequent police detention, citations or arrests, or any other activity declared by the City to be a public nuisance determined by California law to be public nuisance.

The proposed Project consists of two quick-service restaurants and one financial institution, each with a drive-through facility, within the existing Grand Marketplace commercial center.

The proposed uses are customary commercial activities and are not inherently associated with the nuisance activities identified in this finding. The Project has been designed with defined vehicular circulation, drive-through queuing areas, pedestrian pathways, parking, site lighting, landscaping, trash enclosures, and building entrances intended to support safe and orderly operation.

The commercial center and individual operators will remain responsible for maintaining the buildings, parking areas, drive-through lanes, landscaping, sidewalks, and other common areas in a clean and orderly condition. Compliance with the applicable conditions of approval, City regulations, business-license requirements, noise standards, property-maintenance requirements, and public-safety regulations will be required throughout operation of the Project. Accordingly, the proposed uses are not anticipated to result in disturbances of the peace, illegal activities, excessive littering, unlawful parking, vandalism, or other conditions constituting a public nuisance.
i. That the proposed use will not generate noise, light, glare, dust, noxious odors or other similar adverse effects on surrounding uses. For the purposes of this

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 799 of 2236 requirement, “surrounding uses” shall include occupants of neighboring buildings, occupants of other floors within the same building, and pedestrians passing along the sidewalk in front of the subject property.

The proposed uses are located within an established commercial center and are separated from surrounding properties by parking areas, drive aisles, landscaped setbacks, public streets, and existing commercial development. Potential operational noise will primarily consist of vehicle movements, drive-through ordering equipment, mechanical equipment, and ordinary restaurant and financial-institution activity. The Project is required to comply with the City’s applicable noise standards, and drivethrough speakers and other equipment must be installed and operated so that noise does not create an adverse effect on surrounding uses.

The Project includes shielded site lighting and building-mounted lighting designed to provide visibility for customers and employees while limiting light spill and glare onto adjoining properties and public rights-of-way. Rooftop mechanical equipment will be screened, and restaurant exhaust and mechanical systems will be subject to applicable building, mechanical, and air-quality requirements. Construction-related dust and noise will be temporary and regulated through applicable City requirements and conditions of approval. With implementation of these requirements, the Project is not anticipated to generate excessive noise, light, glare, dust, noxious odors, or similar adverse effects.
ii. By the design and construction of buildings and by hours of operation of the subject use, noise that would be disruptive to residents of dwellings beside or above the proposed use shall not be permitted between the hours of 11:00 P.M. and 7:00 A.M.

No residential dwelling units are located within, beside, or above the proposed commercial buildings. The Project consists of detached, single-story commercial pad buildings within the existing Grand Marketplace commercial center. The building design, separation from residential uses, placement of drive-through lanes, and intervening commercial development reduce the potential for nighttime operational noise to affect residential properties. All uses will remain subject to the City’s applicable noise standards and conditions of approval during all hours of operation, including the period between 11:00 p.m. and 7:00 a.m. Therefore, the proposed uses are not anticipated to create disruptive nighttime noise affecting residential dwellings.

B. That the proposed use will not generate access and parking requirements in excess of those provided for Section 3.12.

The proposed Project provides off-street parking, drive-through queuing, loading areas, pedestrian circulation, and vehicular access designed to serve the two quick-service restaurants and financial institution in accordance with Section 3.12 of the Highway 111 Corridor Specific Plan. The site plan provides designated drive-through lanes and vehicle-stacking areas for each building, separate from the primary drive aisles and parking spaces, to reduce interference with on-site circulation. Access is provided through the existing Grand Marketplace circulation system and existing connections to Highway 111 and Rubidoux Street.

The proposed parking meets parking requirements of the specific plan and drive-through stacking have been evaluated as part of the Planning Review and Conditional Use Permit applications.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 800 of 2236 Compliance with the applicable parking, loading, accessible-parking, bicycle-parking, and drivethrough queuing requirements will be required through the approved plans and conditions of approval. Accordingly, the proposed uses are not anticipated to generate access or parking demands in excess of the facilities provided pursuant to Section 3.12.

C. That perceived privacy and/or security requirements of the proposed use will not lead building users to maintain rarely opened opaque window coverings on street-facing windows, nor to routinely utilize rear or side entries rather than street-facing front doors as the primary means of access and egress to the building.

The proposed buildings are designed as publicly accessible commercial establishments and do not require the level of privacy or security that would ordinarily result in permanently covered storefront windows. The building elevations incorporate substantial storefront glazing along the customer-facing elevations, allowing visibility between the building interiors and adjacent pedestrian areas. The proposed financial institution and restaurant uses are expected to maintain open and visible customer areas during operating hours, subject to limited window coverings that may be necessary for glare control, energy efficiency, or operational purposes.

Primary customer entrances are located on prominent, publicly accessible building elevations connected to the Project’s pedestrian pathways and parking areas. Rear and side doors are intended principally for employee, service, emergency, or delivery access and are not designed to replace the primary customer entrances. Accordingly, the proposed uses are not anticipated to result in routinely obscured storefront windows or reliance upon secondary entrances as the primary means of public access.

D. That the ground floor rooms adjacent to the street frontage will be occupied during much of the day and occupied and/or lighted during most evenings.

The Project consists of three single-story commercial buildings containing customer-service, dining, lobby, waiting, and related operational areas at the ground floor. The proposed quick-service restaurants are expected to operate during daytime and evening hours, and their dining and customer-service areas will remain occupied and illuminated during operating hours. The financial institution will primarily operate during daytime business hours, while its storefront, lobby, exterior lighting, and other applicable building areas may remain illuminated during portions of the evening for security, visibility, and site identification.
i. For all retail, restaurant and indoor recreational uses, display windows shall not “wall off” views into retail interior spaces, and the interiors of dining rooms and activity rooms shall be clearly visible to passing pedestrians.

The two quick-service restaurant buildings incorporate storefront glazing along the customer-facing elevations, including glazing adjacent to dining and customer-service areas. The glazing is intended to preserve views into active interior spaces and will not be designed or operated as an opaque display wall that prevents visual connection between the building interiors and adjacent pedestrian areas. Covered outdoor dining patios, architectural canopies, customer entrances, and pedestrian pathways further support activity and visibility around the restaurant buildings.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 801 of 2236 ii. For office uses, front rooms should include lobbies, waiting areas, and office spaces in which window blinds are typically open.

The proposed financial institution includes publicly accessible customer service, lobby, and waiting areas along its customer-facing elevations. Storefront glazing will provide visibility into these active ground-floor spaces during operating hours. Any window coverings installed for glare control, privacy, or security will not be maintained in a manner that permanently obscures the primary customer-facing frontage. The Project therefore provides active and visible front rooms consistent with the intent of this finding.
iii. For residential uses, units should be configured such that public realm-facing rooms include living rooms and dining rooms, and should not include bathrooms, closets and other uninhabited spaces.

This finding is not applicable. The proposed Project does not include residential dwelling units.

Table 3.5-1 Allowed Uses
Table 3.5-1 of the Highway 111 Corridor Specific Plan identifies the land uses allowed within each regulatory zone and overlay and establishes the corresponding permit requirements. A use identified with a “P” is permitted by right, while uses identified as “CUP” or “LU” require approval of a Conditional Use Permit or compliance with the Limited Land Use provisions, respectively. The designation of a land use as permitted does not exempt a project from compliance with the other development, design, and operational standards of the Specific Plan.

The proposed Grand Marketplace Phase II project includes two quick-service restaurants and one financial institution within the Mixed-Use Corridor (MU-C) zone. Table 3.5-1 identifies dine-in and take-out restaurants as permitted uses within the MU-C zone. Outdoor dining is also allowed as an accessory use. Accordingly, the underlying restaurant uses and associated covered outdoor dining areas are allowed within the MU-C zone.

Table 3.5-1 also identifies banks, financial institutions, and savings and loan institutions as permitted uses within the MU-C zone. However, the table expressly provides that a financial institution with drive-through service is regulated under the separate “Drive-Through Uses, All Uses” category rather than under the general financial-institution category.

Although the underlying restaurant and financial-institution uses are permitted within the MU-C zone, each proposed building includes a drive-through facility. Table 3.5-1 identifies all drive-through uses within the MU-C zone as requiring a Conditional Use Permit and Limited Land Use approval, subject to the requirements of Section 3.14. The Specific Plan further requires City Council approval for any Limited Land Use that includes a vehicular drive-through.

Therefore, the proposed restaurant and financial-institution uses comply with the allowed-use provisions of the MU-C zone, subject to approval of Conditional Use Permit No. PLAN-CUP-26-0010 and compliance with the Limited Land Use standards and development requirements of Section

3.14. Section 3.6.A.2.a

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 802 of 2236 Section 3.6.A.2.a of the Highway 111 Corridor Specific Plan requires new development to complete and/or support, and in no way impede, the required connections and intersections identified for the applicable subarea. The Project site is located within Subarea 18, which includes a required generally east-west connection between Monroe Street and Rubidoux Street.

Within the boundaries of the approximately 16.68-acre Project site, the proposed development provides a continuous pedestrian connection through the Project to Rubidoux Street. The proposed pedestrian network connects the development parcels, building entrances, parking areas, outdoor dining areas, and internal circulation system and is designed to allow future extension toward the western portion of Subarea 18.

The Project does not include property extending to Monroe Street and therefore cannot construct or modify the portions of the required east-west connection located outside the Project boundaries.

However, the proposed subdivision, pedestrian improvements, and placement of buildings and permanent site improvements support the required connection within the area under the Applicant’s control and do not impede its future completion across adjacent property. Accordingly, the Project satisfies its proportional responsibility to support the Subarea 18 connectivity network while preserving the ability for the full connection between Monroe Street and Rubidoux Street to be completed through future development.

Section 3.6.B Connectivity Standards
Pursuant to 3.6 establishes connectivity standards applicable to parcels located within the Master Planned Design Overlay and to proposed development sites greater than four acres in size. These standards are intended to establish a connected, multimodal public realm network composed of streets, pedestrian connections, paseos, and public open spaces.

The Project site is approximately 16.68 acres and is located within the Master Planned Design Overlay. The Project is therefore subject to the connectivity requirements of Section 3.6. The proposed Project includes Tentative Tract Map No. 39527, which will subdivide the site into seven development parcels and one remainder parcel, together with coordinated vehicular circulation, pedestrian pathways, access points, landscaping, and public frontage improvements.

The proposed circulation system connects the development parcels to Highway 111, Rubidoux Street, and the existing internal circulation system serving the Grand Marketplace commercial center. Pedestrian pathways connect the proposed buildings, parking areas, outdoor dining areas, and existing sidewalk system. The subdivision and site improvements have also been designed to preserve the ability to extend required connections through the larger Grand Marketplace property as future development occurs. Accordingly, the Project provides and supports a coordinated circulation network consistent with the intent of Section 3.6.

Section 3.6.B.2.a
Section 3.6.B.2.a requires connection types used to satisfy the Specific Plan’s connectivity requirements to be public. For purposes of this requirement, a public connection is one that is publicly accessible and provides public passage at all times, regardless of whether the underlying property is publicly or privately owned. A connection cannot satisfy the requirement if access is restricted solely to customers, tenants, residents, or other authorized users.

The Project utilizes Highway 111 and Rubidoux Street as existing public streets and provides connections to the existing internal circulation system serving the Grand Marketplace property.

Pedestrian pathways and internal vehicular connections necessary to satisfy the Project’s

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 803 of 2236 connectivity requirements must remain publicly accessible and cannot be obstructed by gates, barriers, private parking controls, or other access restrictions.

Where a required connection is located outside a dedicated public right-of-way, the applicable connection must be secured through a public access easement or another mechanism approved by the City Engineer to ensure continuous public access. Compliance with this requirement will be confirmed through the final map, improvement plans, and applicable easement documents before recordation or issuance of building permits.

Section 3.6.C.1/Table 3.6.3: Maximum Block Size
Section 3.6.C.1 requires newly formed blocks within the Mixed-Use Corridor zone to comply with the maximum dimensions established by Table 3.6-3. The maximum block perimeter is 1,600 feet, or 2,200 feet when a qualifying midblock paseo is provided. The maximum block-face length is 600 feet, or 800 feet when a qualifying midblock paseo is provided. These dimensions are measured from the inner edge of the applicable walking paths.

Tentative Tract Map No. 39527 proposes to subdivide the approximately 16.68-acre Project site into seven development parcels and one remainder parcel. The Project will be required to comply with the applicable block-size, connectivity, public-access, and pedestrian-network standards of Section

3.6 of the Highway 111 Corridor Specific Plan. Compliance with the maximum block perimeter and block-face dimensions established by Table 3.6-3 will be reviewed and verified through the final map, improvement-plan, and building-permit plan-check processes. Any required pedestrian connections, public-access easements, or related improvements necessary to demonstrate compliance shall be incorporated into the final plans and will be reviewed by the Community Development Department during the building permit plan check process.

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

Section 3.8 Building Placement and Access
Section 3.8 of the Highway 111 Corridor Specific Plan establishes building-placement and access standards intended to promote pedestrian-oriented development, active street frontages, and an urban development pattern within the Mixed-Use Corridor zone. Table 3.8-1 establishes a Highway 111 build-to range of zero to 15 feet, a minimum front-street buildout of 100 percent, and a maximum building length of 300 feet. The table does not establish a separate side-street build-to range for the Mixed-Use Corridor zone, but requires an 80-percent side-street buildout for the first 40 feet measured from the front street. A minimum separation of 10 feet is required between multiple buildings located on the same lot.

The proposed building setbacks from Highway 111 are summarized below:

Pad Proposed
Use Building Area
Required
Highway 111
Build-To
Proposed
Setback from
Highway 111
Compliance
Approach

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 804 of 2236 Range
Pad
1 Quick-service
restaurant
with drivethrough
3,500 sq. ft. 0–15 feet 27.2 feet LLU deviation
Pad
2 Quick-service
restaurant
with drivethrough
3,400 sq. ft. 0–15 feet 41.8 feet LLU deviation
Pad
3 Financial
institution
with drivethrough
3,390 sq. ft. 0–15 feet 37.10 feet LLU deviation
As shown in the table above, all three proposed buildings are located outside the standard zero-to15-foot Highway 111 build-to range. The increased setbacks accommodate the drive-through lanes, vehicle stacking, internal circulation, parking, pedestrian walkways, landscaping, and outdoor dining areas associated with the proposed uses.

The Project is being processed as three Limited Land Uses pursuant to Section 3.14 of the Highway 111 Corridor Specific Plan. Section 3.14 permits freestanding commercial buildings and drivethrough facilities to use an alternative site configuration and allows the frontage-buildout requirements of Table 3.8-1 to be waived when the Project complies with the applicable Limited Land Use standards. The proposed buildings incorporate active customer areas, storefront glazing, pedestrian connections, covered outdoor dining areas, architectural canopies, landscaping, and screening intended to minimize the effect of the increased setbacks and maintain an active and visually improved frontage along Highway 111.

Section 3.9 Building Height
Section 3.9 of the 111-CSP establishes minimum and maximum building height standards within the Specific Plan area. The MU-C zoning designation requires a minimum building height of three (3) stories (minimum of 30 feet), unless otherwise modified through the Limited Land Use provisions of Section 3.14 of the 111-CSP. The proposed Project consists of single-story buildings associated with approved Limited Land Uses. Pursuant to Section 3.14 of the 111-CSP, Limited Land Uses may deviate from certain development standards, including building height and placement, to facilitate corridor reinvestment and economic development. Although the proposed buildings do not satisfy the standard minimum building height of the MU-C zone, the Project is consistent with the flexibility provisions of Section 3.14 and incorporates enhanced architectural articulation, varied parapet heights, decorative materials, and pedestrian-oriented design features consistent with the overall intent of the Specific Plan. The project proposes the following maximum building heights as follows:

Table C – Building Height
Pad Proposed Use Building
Height
1 Restaurant w/Drive-through 24’
2 Restaurant w/Drive-through 22.5’

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 805 of 2236 3 Financial Institution 21.6’
Section 3.10 Facades and Frontages
Section 3.10 of the 111-CSP establishes standards for building facades and frontages intended to create visually engaging, pedestrian-oriented development along the Highway 111 Corridor. These standards encourage building articulation, storefront transparency, architectural detailing, and active street-facing elevations that contribute to the overall character and identity of the corridor. The proposed Project consists of three single-story buildings associated with Limited Land Uses approved pursuant to Section 3.14 of the 111-CSP. While the Project utilizes the flexibility provided under the Limited Land Use provisions with respect to certain building placement and development standards, the proposed buildings continue to implement the architectural objectives of Section 3.10 through enhanced building articulation, varied parapet heights, storefront glazing, decorative stone veneer, painted and textured wall finishes, architectural reveals, and enhanced pedestrian-oriented building entrances. In addition, conditions of approval require compliance with the blank wall and façade articulation requirements of the Unified Development Code. Blank walls exceeding thirty (30) feet in length along public rights-of-way, pedestrian pathways, or publicly accessible open space areas shall incorporate architectural articulation, material variation, landscaping treatments, decorative features, windows, recesses, reveals, scoring, columns, or similar architectural elements.

Compliance with these requirements will be verified during building permit plan check by the Community Development Department.

Section 3.11 Private Signage
Section 3.11 (Private Signage) of the Highway 111 Corridor Specific Plan (111-CSP) establishes standards regulating the design, placement, scale, and appearance of private signage within the Specific Plan area. Section 3.11.A.2 states that sign types not expressly permitted by right may be reviewed through the Planning Review Discretionary process for consistency with the intent and design objectives of the 111-CSP. The proposed Project includes a Master Sign Plan consisting of one multi-tenant monument sign, wall signage, and window signage. The proposed Master Sign Plan includes a request for a deviation from certain sign standards of the 111-CSP and the Unified Development Code, consisting of an increase in the maximum allowable wall sign width from sixty percent (60%) to seventy percent (70%) of the tenant façade width. Pursuant to Section 3.05.09.D of the Unified Development Code, Master Sign Plans may be utilized for multi-tenant commercial developments to establish a coordinated signage program and allow consideration of alternative sign standards. Section 3.05.09.D.3.c further provides that the Planning Commission shall review Master Sign Plans requesting increases in allowable sign height and area beyond the standards established for freestanding and building-mounted signs for multi-tenant buildings and shopping centers.

The proposed signage program has been reviewed for consistency with the architectural character of the project, corridor aesthetics, pedestrian-oriented design objectives, and the visual identity goals of the 111-CSP. The proposed signage incorporates coordinated materials, colors, placements, and illumination standards intended to create a cohesive signage program throughout the Grand Marketplace Phase II development. The proposed monument sign remains substantially consistent with the monument sign standards of Section 3.11.C.1.f.

Section 3.11.B General Standards for Private Signage
The applicant is proposing a coordinated Master Sign Plan (MSP) for the Grand Marketplace Phase II development. While the proposed MSP includes limited deviations from certain sign standards of the 111-CSP and Unified Development Code, the proposed signage program complies with the applicable General Standards of Section 3.11.B as discussed below. The requested deviations

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 806 of 2236 primarily relate to wall sign width allowances and coordinated architectural signage elements incorporated into the overall project design.

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

As proposed, the monument signs, wall signs, and window signs do not obstruct building entrances, architectural features, storefront glazing, parapets, or other prominent architectural elements of the proposed commercial buildings. The proposed signage has been integrated into the overall design of the project and is consistent with the applicable standards.
b. A maximum of three allowed sign types shall be allowed on a building or massing increment unless stated otherwise.

The proposed Master Sign Plan includes wall signs, window signs, tenant monument signs, and one multi-tenant monument sign serving the overall Grand Marketplace Phase II development. The proposed number and types of signs for each building are summarized below:

Building Wall Signs Window Signs Monument
Signs Total Signs Total Sign Types
Pad 1 –
QuickService
Restaurant
4 1
1 tenant
monument sign 6 3
Pad 2 –
QuickService
Restaurant
4 2 0 6 2
Pad 3 –
Financial
Institution
4 1
1 tenant
monument sign 6 3
As shown in the table above, Pad 1 includes six signs consisting of three sign types: wall signs, a window sign, and a tenant monument sign. Pad 2 includes six signs consisting of two sign types: wall signs and window signs. Pad 3 includes six signs consisting of three sign types: wall signs, a window sign, and a tenant monument sign. The Master Sign Plan also includes one multi-tenant monument sign serving the overall Grand Marketplace Phase II development, which is not assigned to an individual building. The Master Sign Plan identifies wall signs and window signs as tenant signage and separately identifies the multi-tenant monument sign and tenant monument signs for Pads 1 and 3.

Accordingly, no individual building would contain more than three sign types, and the proposed signage program complies with the maximum number of sign types permitted per building or massing increment. The Master Sign Plan requests a deviation to increase the maximum allowable tenant wall-sign width from 60 percent to 70 percent of the applicable

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 807 of 2236 façade width. This deviation is intended to provide a coordinated signage program integrated with the architectural design of the Grand Marketplace Phase II development and may be considered through the Master Sign Plan process pursuant to Section 3.05.09.D of the Unified Development Code.

The Master Sign Plan does not authorize signage on drive-through screening walls or other screening walls. Any such signage shall be prohibited unless separately reviewed and approved in accordance with the applicable provisions of the Unified Development Code and Highway 111 Corridor Specific Plan. The Master Sign Plan also does not approve any pylon signs. Any future pylon sign would require separate review and approval through the applicable City permit process.
c. Phone numbers and email addresses shall be prohibited from being displayed on any of the allowed sign types, with the exception of front yard signs.

The applicant is not proposing phone numbers or email addresses on any proposed signage.

Conditions of approval have been incorporated to comply with the Highway 111 Corridor Specific Plan and the Unified Development Code where the Master Sign Plan is silent. d. Sign lighting shall be designed to minimize light and glare on surrounding rights-ofway and properties.

The proposed Master Sign Plan prohibits animated lights, moving illuminations, and exposed lighting components. Proposed wall signage consists primarily of halo-lit channel lettering with concealed raceways and illumination components consistent with the lighting and design standards identified within the Master Sign Plan.
e. Directory signs are small wall signs located at pedestrian eye level and intended to identify multiple tenants within a building or complex.

The applicant is not proposing directory signs as part of the proposed Master Sign Plan. Any future directory signage not explicitly reviewed as part of this entitlement shall be subject to separate review for consistency with Section 3.11 of the 111-CSP. f. Internal Illuminated “Cabinet Signs” and/or “Channel Letters” shall be prohibited for all signage.

The proposed Master Sign Plan does not include internally illuminated cabinet signs.

Proposed wall signs consist of halo-lit aluminum channel letters with concealed mounting systems and lighting components as identified within the Master Sign Plan. The proposed signage is consistent with the intent of Section 3.11 to provide high-quality signage integrated into the architectural design of the project.

Master Sign Plan Review and General Provisions
Pursuant to Section 3.05.09.D of the Unified Development Code, Master Sign Plans may be utilized for multi-tenant commercial developments to establish a coordinated signage program and allow consideration of alternative sign design standards. Section 3.05.09.D.3.c further provides that the Planning Commission shall review Master Sign Plans requesting increases in allowable sign height and area beyond the standards established for freestanding and building-mounted signs for multitenant buildings and shopping centers. The proposed Master Sign Plan includes detailed general

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 808 of 2236 provisions, restrictions, and review procedures intended to regulate the design, construction, installation, illumination, maintenance, and approval of signage for the Grand Marketplace Phase II development. The Master Sign Plan requires each tenant to submit a detailed signage package to the landlord prior to City submittal, including building elevations showing the proposed sign location, a site plan identifying the tenant location, sign specifications, dimensions, copy layout, materials, colors, illumination, and attachment methods. Following landlord approval, the tenant is required to submit the approved signage package to the City of Indio Building & Safety Division for review and obtain all required building permits prior to installation.

The Master Sign Plan also establishes construction and design requirements for tenant signage, including concealed raceways, transformers, electrode boxes, switches, wiring, conduit, and access hatches; wall signs attached directly to the tenant lease space; required sign backers and raceways for signs mounted on stone façades; illumination controlled by a time clock or energy management system; watertight sealing of building penetrations; and installation by a licensed sign contractor.

In addition, the Master Sign Plan identifies prohibited signage and sign features, including permanent advertising devices such as attraction boards, posters, banners, and flags unless specifically approved by the Owner/Developer and the City; exposed junction boxes, transformers, lamps, tubing, conduit, raceways, or neon crossovers; visible sign manufacturer labels; luminous vacuum-formed acrylic signs and letters, except approved site directional signage; paper, cardboard, Styrofoam signs, stickers, or decals hung around, on, or behind storefronts; exposed fastening devices unless integral to the sign design; simulated materials such as wood-grained plastic laminates or wall coverings; animated lights or moving sign components except where specifically allowed by the Master Sign Plan; A-frame sandwich signs; and any other signage not permitted by the City of Indio or the approved Master Sign Plan. The Master Sign Plan does not authorize signs on drive-through screening walls or other screening walls, and it does not approve any pylon signs. Any future signage proposed on a screening wall or any future pylon sign shall require separate review and approval in accordance with the applicable provisions of the Unified Development Code and Highway 111 Corridor Specific Plan.

Section 3.12 Parking
Pursuant to Section 3.12 of the Highway 111 Corridor Specific Plan, the Specific Plan establishes standards regulating parking design, parking lot layout, circulation, pedestrian connectivity, bicycle parking, and minimum parking requirements for development within the Specific Plan area. Table

3.12-1 requires a minimum of 0.5 parking space for every four restaurant seats, equivalent to one parking space for every eight seats, and a minimum of two parking spaces per 1,000 square feet of net floor area for office uses. The proposed financial institution is evaluated under the office parking ratio.

The proposed Grand Marketplace Phase II project consists of approximately 10,290 square feet of commercial development, including two quick-service restaurants with drive-through facilities and one financial institution with a drive-through facility. Based on the restaurant seating proposed for Pads 1 and 2 and the office parking ratio applicable to the approximately 3,390-square-foot financial institution on Pad 3, the Project is required to provide a minimum of 85 parking spaces. The proposed Project provides 85 parking spaces, thereby meeting the minimum parking requirement established by Table 3.12-1 of the Highway 111 Corridor Specific Plan.

In addition to vehicle parking, the Project includes bicycle parking and electric vehicle charging infrastructure consistent with the applicable California Building Code and CalGreen requirements.

The Project also incorporates internal pedestrian walkways, landscape screening, and parking lot

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 809 of 2236 shade trees intended to improve pedestrian connectivity and reduce the visual prominence of parking areas throughout the site.

Table D – Parking Provided
Pad Proposed Use Parking Stalls
1 Quick Service Restaurant with Drive-Through 33
2 Quick Service Restaurant with Drive-Through 22
3 Financial Institution with Drive-Through 30
Total Parking Provided 85
Section 3.13 Site Design
Section 3.13 of the 111-CSP establishes standards for site design intended to create high-quality commercial development through coordinated landscaping, pedestrian connectivity, lighting, parking lot design, screening, utilities, refuse enclosures, and other site improvements that contribute to the overall character of the Highway 111 Corridor. The proposed Project incorporates a comprehensive site design that includes enhanced landscaping, decorative pedestrian walkways, internal pedestrian connections between buildings, parking areas, and public sidewalks, paving treatments, landscape screening, refuse enclosures, and lighting improvements consistent with the design objectives of the 111-CSP. The Project also preserves the existing mature palm trees along Highway 111 frontage and includes enhanced parkway landscaping along both Highway 111 and Rubidoux Street. Conditions of approval further require the applicant to submit a Final Landscape Plan for review and approval by the Planning Division, Public Works/Engineering, and the Indio Water Authority to ensure compliance with the landscape and site design standards of the 111-CSP and the Unified Development Code. Collectively, the proposed site improvements are consistent with the intent of Section 3.13 and contribute to the continued revitalization of the Highway 111 Corridor.

Section 3.14 Limited Land Uses in the MU-C Zone.

Section 3.14 of the 111-CSP establishes standards and procedures regulating Limited Land Uses within the MU-C zoning designation. The Specific Plan recognizes that while the MU-C zone is intended to transition toward a more urban, mixed-use environment, market conditions may not always support immediate development consistent with all MU-C development standards.

Accordingly, Section 3.14 provides flexibility to allow a limited number of lower-intensity and automobile-oriented uses through the Conditional Use Permit process, provided such uses contribute to the economic development and long-term revitalization of the Highway 111 corridor.

The project site is located within Subarea 18 of the 111-CSP. Pursuant to Table 3.14-1 of the Specific Plan, Subarea 18 permits a maximum of four (4) Limited Land Use approvals. The proposed Project includes three Limited Land Uses consisting of two restaurant drive-through facilities and one office-serving drive-through facility associated with the proposed financial institution. Approval of the proposed Project will exhaust the maximum number of Limited Land Uses permitted within Subarea 18. Table E below provides a breakdown summary for the allowed Limited Land Uses in Subarea 18;
Table E – Limited Land Use Summary for Subarea 18
Project Limited Land Use Status

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 810 of 2236 IGM Phase 1
(PLAN-PRD-24-
0014)
Commercial/Retail Approved
IGM Phase 2
(PLAN-PRD-26-
0025)
Quick Service Restaurant with DriveThrough Proposed
IGM Phase 2
(PLAN-PRD-26-
0025)
Quick Service Restaurant with DriveThrough Proposed
IGM Phase 2
(PLAN-PRD-26-
0025)
Office-Serving Drive-Through
(Financial Institution) Proposed
Total Allowed In
Subarea 18 4 Limited Land Uses Maximum Reached
With the approval of the proposed Project, all four (4) Limited Land Use approvals permitted within Subarea 18 will be utilized. Any future request for an additional Limited Land Use within Subarea 18 will require an amendment to the Highway 111 Corridor Specific Plan, consistent with the conditions of approval for this Project.

Although the Project utilizes the flexibility provided under Section 3.14 to deviate from certain development standards applicable to the Mixed-Use Corridor zone, including minimum building height and building placement requirements, the Project incorporates enhanced architectural design, coordinated landscaping, pedestrian connectivity, frontage improvements, and a comprehensive site design that supports the overall vision and design objectives of the Highway 111 Corridor Specific Plan. The proposed Limited Land Uses provide additional commercial services within the existing Grand Marketplace development while furthering the economic reinvestment and continued revitalization of the Highway 111 corridor.

Conditional Use Permit Findings:

Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) of the Highway 111 Corridor Specific Plan states that the Specific Plan relies upon the procedural requirements of the Indio Municipal Code (IMC) and Unified Development Code (UDC). Table 3.5-1 (Allowed Uses) and Section 3.14 (Limited Land Uses in the MU-C Zone) specify that drive-through facilities are classified as Limited Land Uses within the Mixed-Use Corridor (MU-C) zoning designation and require approval of a Conditional Use Permit by the City Council following a recommendation from the Planning Commission. Pursuant to Section 6.04.04 of the Unified Development Code, the Planning Commission must make the following findings prior to recommending approval of Conditional Use Permit (PLAN-CUP-26-0010). The inability to make one or more of these findings shall constitute grounds for denial of the application.

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

The project site is designated Midtown (MT) in the General Plan 2040 and zoned Mixed-Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan. Restaurant uses and financial institutions are permitted uses within the Mixed-Use Corridor (MU-C) zoning designation. Pursuant to Table 3.5-1 (Allowed Uses) and Section 3.14 (Limited Land Uses) of the Highway 111 Corridor Specific Plan, the proposed drive-through components associated with the two restaurant uses and the office-serving drive-through component associated with the proposed financial institution are

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 811 of 2236 classified as Limited Land Uses and require approval of a Conditional Use Permit by the City Council. All other applicable provisions of the Highway 111 Corridor Specific Plan, Unified Development Code, and Municipal Code have been addressed through this discretionary review and are subject to the recommended Conditions of Approval.

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

The proposed Project is consistent with the Midtown (MT) General Plan land use designation and the Highway 111 Corridor Specific Plan. The proposed restaurant uses and financial institution are permitted uses within the Mixed-Use Corridor (MU-C) zoning designation. However, the proposed drive-through components are classified as Limited Land Uses under Section 3.14 of the Highway 111 Corridor Specific Plan and require approval of a Conditional Use Permit. The Project incorporates enhanced architectural design, coordinated landscaping, pedestrian connectivity, frontage improvements, and site planning that are consistent with the vision and design objectives of the Highway 111 Corridor Specific Plan. Approval of this Conditional Use Permit will authorize three Limited Land Uses within Subarea 18, resulting in the maximum allowance of four Limited Land Uses established by Table 3.14-1 of the Highway 111 Corridor Specific Plan being fully utilized.

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

The proposed Project consists of two restaurant uses with drive-through facilities and one financial institution with a drive through facility within the Grand Marketplace Phase II development. The project site is located within an established commercial corridor and is served by existing public streets, utilities, and emergency services. The proposed site plan provides adequate on-site vehicle circulation, pedestrian connectivity emergency vehicle access, parking, and loading areas to support the proposed uses. The Project has been reviewed by the applicable City departments and will be conditioned to comply with all applicable requirements relating to public improvements, stormwater management, landscaping, lighting, accessibility, and public safety. With the recommended Conditions of Approval, the proposed project will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.

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

The proposed restaurant uses with drive-through facilities and financial institution with an officeserving drive-through facility comply with the applicable development standards of the Highway 111 Corridor Specific Plan except where flexibility is expressly authorized through the Limited Land Use provisions of Section 3.14. The Project incorporates enhanced architectural design, coordinated landscaping, pedestrian amenities, parking lot screening, façade articulation, decorative pedestrian pathways, and frontage improvements consistent with the design objectives of the Highway 111 Corridor Specific Plan. The proposed Master Sign Plan has also been reviewed for consistency with the Highway 111 Corridor Specific Plan and Unified Development Code. Conditions of Approval have been incorporated to ensure continued compliance with all applicable development standards.

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

The proposed Project is located within the Grand Marketplace commercial center and is surrounded by existing commercial, retail, office, and vacant properties designated for future commercial and mixed-use development under the Highway 111 Corridor Specific Plan. The proposed restaurants and financial institution are consistent with the commercial character of the surrounding area and have been designed to complement future development through coordinated architecture, landscaping, pedestrian connectivity, and shared access. The Project supports the continued

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 812 of 2236 development of the Highway 111 corridor while remaining compatible with existing and reasonably foreseeable future land uses.

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

The project site is physically suitable for the proposed Project. The site is generally flat, is served by existing public infrastructure, and has adequate access from Highway 111 and Rubidoux Street. The proposed development provides sufficient parking, internal circulation, pedestrian access, utility services, and emergency vehicle access to accommodate the proposed restaurants and financial institution. The Project has been designed to comply with the applicable parking, accessibility, landscaping, drainage, and utility requirements of the Highway 111 Corridor Specific Plan, Unified Development Code, and applicable building and fire codes.

ENVIRONMENTAL ASSESSMENT:

The City of Indio, as Lead Agency, has reviewed the proposed Project pursuant to the California Environmental Quality Act (CEQA). The Applicant submitted a CEQA Guidelines Section 15183 Consistency Analysis in support of the proposed Project. The proposed Project is consistent with the City of Indio General Plan 2040, the Highway 111 Corridor Specific Plan, and the Mixed-Use Corridor (MU-C) zoning designation, and the Project is within the scope of the environmental impacts previously evaluated in the certified City of Indio General Plan 2040 Program Environmental Impact Report, State Clearinghouse No. 2015081021. Accordingly, the City finds that the Project satisfies the requirements of CEQA Guidelines Section 15183, and no additional environmental review is required.

STAFF ANALYSIS:

Based on the foregoing findings, staff concludes that, with the application of the recommended Conditions of Approval, the proposed Grand Marketplace Phase II project is consistent with the City of Indio General Plan 2040, the Highway 111 Corridor Specific Plan, the Subdivision Map Act, Chapter 156 of the Indio Municipal Code, and the applicable provisions of the Unified Development Code. Staff further concludes that the Project satisfies the required findings for approval of Planning Review Discretionary (PLAN-PRD-26-0025), Conditional Use Permit (PLAN-CUP-26-0010), and Tentative Tract Map No. 39527 (PLAN-TPM-26-0015), and has been appropriately evaluated through the CEQA Consistency Checklist pursuant to CEQA Guidelines Section 15183. On August 12, 2026, the Planning Commission conducted a public hearing and adopted Resolution Nos. 2143, 2144, and 2145 recommending that the City Council approve the requested entitlements and associated environmental determination. Accordingly, staff recommends that the City Council adopt the resolutions approving the Grand Marketplace Phase II project.

ATTACHMENTS:

Attachment 1 - Resolution No. 10607_PRD
Attachment 2 - Resolution No. 10608_CUP
Attachment 3 - Resolution No. 10609_TPM
Attachment 4 - PC_Resolution No. 2143.docx
Attachment 5 - PC_Resolution No. 2144.docx
Attachment 6 - PC_Resolution No. 2145.docx
Attachment 7 - Vicinity Map
Attachment 8 - Development Plans
Attachment 9 - Tentative Parcel Map No. 39527

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 813 of 2236 Attachment 10 - IGM Phase II Master Sign Plan
Attachment 11 - CEQA
APPROVAL(S):

Brian Halvorson, Dir. Of Community Development Approved - 08 Sep 2026 Ruby D. Walla, Director of Finance Approved - 09 Sep 2026 Steven Graham Pacifico, City Attorney Approved - 11 Sep 2026 Jonathan Nicks, City Manager Approved - 11 Sep 2026

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 814 of 2236 1 RESOLUTION NO. 10607

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

CALIFORNIA, APPROVING PLANNING REVIEW DISCRETIONARY
APPLICATION NO. PLAN-PRD-26-0025, INCLUDING THE MASTER

PLANNED DEVELOPMENT OVERLAY REVIEW, FOR THE GRAND
MARKETPLACE PHASE II PROJECT, CONSISTING OF THREE (3)
COMMERCIAL PAD BUILDINGS TOTALING APPROXIMATELY 10,290
SQUARE FEET, INCLUDING TWO (2) QUICK-SERVICE RESTAURANTS WITH DRIVE-THROUGH FACILITIES AND ONE (1) FINANCIAL

INSTITUTION WITH A DRIVE-THROUGH FACILITY, TOGETHER WITH

SITE DESIGN, ARCHITECTURE, CIRCULATION, PARKING,

LANDSCAPING, PEDESTRIAN IMPROVEMENTS, AND A MASTER SIGN PLAN, ON AN APPROXIMATELY 16.68-ACRE PROJECT SITE LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND RUBIDOUX STREET (APNs 614-020-005, 614-020-008, 614-020-009, 614-020-011, 614- 020-012, 614-020-015, 614-020-016, 614-020-021, 614-020-024, 614- 020-027, 614-020-028, 614-030-002, AND 614-650-007), AND

DETERMINING THAT THE PROJECT IS WITHIN THE SCOPE OF THE

ENVIRONMENTAL ANALYSIS PREVIOUSLY PREPARED FOR THE CITY OF INDIO GENERAL PLAN 2040 PROGRAM ENVIRONMENTAL IMPACT
REPORT, STATE CLEARINGHOUSE NO. 2015081021, PURSUANT TO

CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15183.

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 adopted Resolution No. 10326 approving the Highway 111 Corridor Specific Plan and repealing the Central Highway 111 Corridor Specific Plan and Mixed Use Specific Plan 300 (MUSP300); and WHEREAS, on September 21, 2022, the City Council adopted Resolution No. 10325 making a finding of consistency with the certified General Plan 2040 Program Final Environmental Impact Report (PFEIR) for adoption of the Highway 111 Corridor Specific Plan; and
WHEREAS, on May 28, 2025, the Planning Commission adopted Resolution No. 2113 approving the Grand Marketplace Phase I project consisting of a multibuilding commercial retail and service development located at 82227 Highway 111 (APN 614-020-027), including associated circulation, parking, landscaping, and site improvements, and determined that the project was exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15332, 15162, and 15183; and
WHEREAS, on December 9, 2025, the Applicant submitted a Pre-Application Conference request for the proposed Grand Marketplace Phase II project; and

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 815 of 2236 2 WHEREAS, on January 22, 2026, City staff conducted a Pre-Application Conference with the Applicant to review the proposed project, applicable entitlement requirements, circulation, infrastructure improvements, and consistency with the Highway 111 Corridor Specific Plan; and
WHEREAS, on March 16, 2026, Lynn Bremner of The Haagen Company, on behalf of the property owner, submitted applications for Planning Review Discretionary (PLAN-PRD-26-0025), Conditional Use Permit (PLAN-CUP-26-0010), and Tentative Tract Map No. 39527 (PLAN-TPM-26-0015) for the Grand Marketplace Phase II project located at the southwest corner of Highway 111 and Rubidoux Street; and
WHEREAS, the proposed Planning Review Discretionary application consists of the development of three (3) commercial pad buildings totaling approximately 10,290 square feet on approximately 16.68 acres, including site design, architecture, circulation, landscaping, parking, and a Master Sign Plan; and WHEREAS, the Project site consists of Assessor's Parcel Numbers 614-020- 028, 614-020-005, 614-020-016, 614-650-007, 614-020-027, 614-020-012, 614- 020-021, 614-020-011, 614-020-009, 614-020-008, 614-020-015, 614-020-024, and 614-030-002, located at the southwest corner of Highway 111 and Rubidoux Street within the City of Indio; and
WHEREAS, the Project site has a General Plan land use designation of Midtown (MT) Center and a zoning designation of Mixed Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan; and
WHEREAS, the proposed Project is consistent with the City of Indio General Plan 2040 and the Highway 111 Corridor Specific Plan and is intended to further the continued redevelopment and revitalization of the Highway 111 Corridor through commercial reinvestment, coordinated site planning, enhanced architecture, landscaping, and pedestrian improvements; and
WHEREAS, the City of Indio, as Lead Agency, reviewed the proposed Project pursuant to the California Environmental Quality Act (CEQA) and determined that the Project satisfies the requirements of CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and no additional environmental review is required because the Project is consistent with the development density and applicable policies evaluated in the certified General Plan 2040 Program Environmental Impact Report; and
WHEREAS, in accordance with Government Code Section 65090, a public hearing notice was published in The Desert Sun on July 29, 2026, and notices were mailed on July 23, 2026, to property owners within 500 feet of the Project site; and WHEREAS, on August 12, 2026, the Planning Commission held a duly noticed public hearing to consider Planning Review Discretionary Application No.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 816 of 2236 3 PLAN-PRD-26-0025, during which all oral and written testimony, the staff report, and all other evidence were received and considered; and WHEREAS, following the close of the public hearing, the Planning Commission adopted Resolution No. 2143 recommending that the City Council approve Planning Review Discretionary Application No. PLAN-PRD-26-0025, subject to the Conditions of Approval; and
WHEREAS, in accordance with Government Code Section 65090, notice of the City Council public hearing was published in The Desert Sun on August 31, 2026, and mailed on August 27, 2026, to property owners within 500 feet of the Project site; and
WHEREAS, on September 16, 2026, the City Council held a duly noticed public hearing to consider Planning Review Discretionary Application No. PLAN-PRD26-0025, during which all oral and written testimony, the staff report, the Planning Commission recommendation, and all other evidence were received and considered.

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

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

SECTION 2. Environmental Evaluation. Section 6.03.06 of the Unified Development Code provides that all "projects," as defined by the California Environmental Quality Act (CEQA), shall be reviewed for compliance with CEQA and the CEQA Guidelines. The City of Indio, as Lead Agency, reviewed the proposed Project pursuant to CEQA, including CEQA Guidelines Sections 15002(k) and 15061, to determine the appropriate level of environmental review. The City finds that the proposed Project is consistent with the City of Indio General Plan 2040, the Highway 111 Corridor Specific Plan, and the Mixed-Use Corridor (MU-C) zoning designation. The Project is consistent with the development density, land use designation, and applicable policies for which the General Plan 2040 Program Environmental Impact Report was previously certified. The City further finds that the proposed Project qualifies for streamlined environmental review pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and that no project specific significant environmental effects have been identified that would require additional environmental review.

Accordingly, no further environmental documentation is required.

SECTION 3. Planning Review Findings. Planning Review Findings. Based upon the evidence presented at the duly noticed public hearing, including the staff report, project plans, exhibits, the Planning Commission recommendation, and all written and oral testimony received, the City Council hereby finds and determines

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 817 of 2236 4 that Planning Review Discretionary Application No. PLAN-PRD-26-0025 complies with the findings required by Section 6.04.03 of the City of Indio Unified Development Code and the applicable provisions of the Highway 111 Corridor Specific Plan. Accordingly, the City Council makes the following findings:

Pursuant to Section 6.04.03 of the Unified Development Code (Planning Review), and subject to applicable State law, the Planning Commission must make the following findings for approval of a Planning Review Discretionary application:

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

The Midtown (MT) Center designation is intended to support reinvestment, redevelopment, and revitalization along the Highway 111 Corridor through a mix of commercial, office, retail, restaurant, entertainment, residential, and pedestrianoriented land uses. The General Plan identifies the Highway 111 Corridor and the Indio Grand Marketplace area as a key opportunity area for the creation of a walkable mixed-use district intended to serve as a center of commerce, activity, and corridor identity within the City.

The Project site is also located within the Mixed-Use Corridor (MU-C) zoning designation of the Highway 111 Corridor Specific Plan. The MU-C zoning designation is intended to implement the vision of Highway 111 as a mixed-use corridor characterized by active commercial frontages, pedestrian-oriented development, integrated circulation systems, enhanced architectural design, and corridor reinvestment. The Highway 111 Corridor Specific Plan allows a mix of commercial, office, retail, restaurant, entertainment, and mixed-use development within the MU-C zoning designation.

The proposed Grand Marketplace Phase II Project includes three (3) commercial pad buildings consisting of two (2) quick-service restaurants with drive-through facilities and one (1) financial institution with a drive-through facility, together with associated circulation improvements, parking, landscaping, pedestrian connections, architectural enhancements, and a Master Sign Plan. Although drive-through facilities do not represent the ultimate pedestrian-oriented and mixed-use vision established for the Highway 111 Corridor, Section 3.14 of the Highway 111 Corridor Specific Plan establishes a Limited Land Use process that allows a restricted number of automobile-oriented uses during the corridor’s transition. The Limited Land Use provisions are intended to provide flexibility for uses that support commercial reinvestment and neighborhood-serving activity while limiting their number and requiring approval through the Conditional Use Permit process.

The proposed drive-through facilities qualify for consideration as three Limited Land Uses within Subarea 18. The Project supports continued reinvestment in the Grand Marketplace property through new commercial development, coordinated site planning, enhanced architecture, landscaping, pedestrian connections, outdoor dining areas, storefront glazing, and frontage improvements. These features reduce

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 818 of 2236 5 the automobile-oriented character of the proposed uses and advance the broader revitalization and design objectives of the Highway 111 Corridor Specific Plan.

Accordingly, the proposed Project is consistent with the Midtown (MT) Center General Plan land use designation and the Mixed-Use Corridor zoning designation and, as conditioned, satisfies the applicable Limited Land Use provisions, development standards, design criteria, and land use requirements established for the Project site.

The General Plan 2040 contains goals and policies that are relevant to the Project.

The following identifies these goals and policies and makes findings of fact regarding if and how the Project complies with them:

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

LU-1.1: Overall city structure. Establish a clearly defined City Structure by creating mixed-use corridors along Highway 111, Monroe Street, Avenue 42, and Avenue 44 that contain a mix of retail, service, office, and residential uses.

Corridors should have defined nodes that provide a mix of local- and regionalserving uses.

The proposed Grand Marketplace Phase II project includes three commercial pad buildings consisting of one financial institution with a drive-through facility and two quick-service restaurants with drive-through facilities along the Highway 111 corridor. Tentative Tract Map No. 39527 will subdivide the approximately 16.68- acre site into seven (7) development parcels and one (1) remainder parcel, creating appropriately configured parcels that can accommodate the proposed development and additional future commercial and mixed-use development. The Project supports the continued redevelopment and reinvestment of the Highway 111 corridor by introducing commercial, restaurant, and service-oriented uses within the Midtown area while establishing a subdivision and development pattern that facilitates future development consistent with the General Plan 2040 and Highway 111 Corridor Specific Plan.

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

LU-2.6: Shade. Require the use of large shade trees or structures to provide comfortable environments during hot months.

The Project includes drought-tolerant landscaping with shade trees throughout parking areas and pedestrian walkways, architectural overhangs, and enhanced pedestrian pathways intended to improve pedestrian comfort throughout the site.

LU-2.7: Parking lot and prominent pathways. Require trees, shade structures, and/or other cooling methods to provide comfortable walkways during hot months.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 819 of 2236 6 The Project includes pedestrian pathways connecting building entrances, parking areas, and internal circulation routes. These pathways connect, or will be extended to connect, with the existing public sidewalk along Highway 111, providing continuous pedestrian access between the proposed buildings, the Grand Marketplace shopping center, and the surrounding corridor. Shade trees, landscaping improvements, paving treatments, and architectural shading elements are incorporated throughout the site to improve pedestrian connectivity and pedestrian comfort.

Goal LU-3: Human-Scaled Public Realm. A City designed for people, fostering interaction, activity, and safety.

LU 3.1: Streetscape design. Create pedestrian-oriented streetscapes by establishing a unified approach to street tree planting, sidewalk dimensions and maintenance, pedestrian amenities, and high-quality building frontages.

The Project includes coordinated frontage improvements along Highway 111 and Rubidoux Street consisting of pedestrian pathways, landscaping, street trees, and enhanced architectural building frontages. The proposed landscaping will preserve the existing mature palm trees along Highway 111 and establish a unified landscape treatment that is compatible with the existing Grand Marketplace improvements and the landscape improvements approved for Phase I. The Project is also required to provide a minimum 11-foot-wide parkway along the Highway 111 and Rubidoux Street frontages, accommodating pedestrian and landscape improvements consistent with the Highway 111 Corridor Specific Plan. A property owners association will be responsible for maintaining the interior and exterior common areas and all frontage landscaping along Highway 111 and Rubidoux Street. The proposed building frontages incorporate storefront glazing, articulated façades, varied roof and parapet heights, decorative materials, architectural overhangs, enhanced building entrances, pedestrian paving treatments, and landscaping. These features provide visual interest, emphasize pedestrian entrances, improve visibility and connectivity, and support interaction, activity, and safety along the project frontage and internal pedestrian routes.

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

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

The Project proposes contemporary commercial architecture consisting of enhanced building articulation, varied roof heights, integrated architectural features, decorative material treatments, stone veneer accents, storefront glazing systems, and coordinated building colors intended to create a cohesive and high-quality commercial development consistent with the Highway 111 Corridor Specific Plan.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 820 of 2236 7 LU-4.4: Building entrances. Use visual and physical design cues within a building’s design and entries to emphasize the building entrance and connections to public spaces.

The Project incorporates enhanced pedestrian walkways, paving treatments, building overhangs, landscaping improvements, and enhanced architectural entry features intended to emphasize building entrances and improve pedestrian connectivity along Highway 111 and throughout the site.

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

Project incorporates climate-appropriate design features intended to reduce solar exposure and improve pedestrian comfort within Indio’s warm desert environment.

The proposed buildings include architectural canopies and overhangs at storefronts and entrances, low-emissivity glazing, light-colored exterior finishes, droughttolerant landscaping, and shade trees along pedestrian routes and outdoor activity areas. The two quick-service restaurant buildings also include covered outdoor dining patios that provide shade for customers and support the use of outdoor seating during warmer months. The buildings are arranged to accommodate the operational and circulation requirements of the proposed drive-through facilities rather than as a clustered passive-cooling configuration. Compliance with applicable California Building Code and Title 24 energy-efficiency requirements, including required wall and roof insulation values, will be verified during building permit plan review.

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

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

Highway 111 Corridor Specific (111-CSP) Plan Compliance:

Section 2.1: Vision for the Highway 111 Corridor Specific Plan Section 2.1 states that “The Highway 111 Corridor will be transformed from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the City of Indio, respecting the Corridor’s history and context, building on its existing amenities, reflecting community desires, and leveraging evolving economic opportunities for the benefit of the entire community.”
The proposed Grand Marketplace Phase II project includes three commercial pad buildings consisting of one financial institution and two quick-service restaurants,

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 821 of 2236 8 each with a drive-through facility, within the existing Grand Marketplace Commercial Center. Although drive-through facilities are not representative of the long-term mixed-use and pedestrian-oriented vision for the Highway 111 Corridor, Section 3.14 of the 111-CSP establishes a Limited Land Use process that allows a limited number of automobile-oriented uses within the Mixed-Use Corridor zone through a Conditional Use Permit and City Council approval. This process is intended to provide flexibility during the corridor’s transition while limiting the number of such uses and requiring projects to support continued reinvestment and revitalization. The Project incorporates new commercial investment, enhanced architecture, landscaping, pedestrian connections, outdoor dining areas, frontage improvements, and coordinated signage intended to advance the broader vision and design objectives of the 111-CSP while utilizing the Limited Land Use provisions applicable to Subarea 18.

Section 2.3.2 Midtown
Section 2.3 of the Highway 111 Corridor Specific Plan divides the corridor into three distinct segments based on their existing character, development patterns, and anticipated opportunities for change. The Midtown segment is centered around the Indio Grand Marketplace, which is identified as a significant commercial anchor within the Highway 111 Corridor. The Specific Plan recognizes that a master planning effort for the Grand Marketplace property was underway and identifies the site as an opportunity to support continued reinvestment, redevelopment, and the long-term transition of Midtown into a more active mixed-use district.

The Midtown vision builds upon the Grand Marketplace and surrounding commercial activity by encouraging a broader mix of retail, restaurant, office, entertainment, housing, and pedestrian-oriented uses. The proposed Grand Marketplace Phase II Project contributes to this transition through new commercial investment, coordinated site planning, enhanced architecture and landscaping, pedestrian connections, outdoor dining areas, and frontage improvements. Tentative Tract Map No. 39527 will also establish the development of parcels capable of accommodating the proposed improvements and facilitating additional future development within the Grand Marketplace property consistent with the long-term Midtown vision of the Highway 111 Corridor Specific Plan.

Section 3 Development Standards & Guidelines
Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) specifies that this Chapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC), where noted. In cases where this Chapter is silent, the requirements of the IMC or UDC shall apply (as prescribed in those documents). In cases where there is conflict between the requirements of this Chapter and those of the IMC or UDC, the requirements of this Chapter shall supersede. The proposed Project has been reviewed for consistency with the Highway 111 Corridor Specific Plan, Unified Development Code, Subdivision Map Act and applicable provisions of the Indio Municipal Code. Conditions of approval have been incorporated to ensure continued compliance with all applicable development and design standards.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 822 of 2236 9 Section 3.2.G.3.A Council Approval Required
Pursuant to Section 3.2.G.3.A of the Specific Plan specifies that the following Limited Uses shall require City Council approval inclusive of fueling stations, car washes and any use including a vehicular drive-through.

Table 3.4-2 Subareas by Parcel APN
Table 3.4-2 of the Highway 111 Corridor Specific Plan establishes 27 regulatory subareas based on parcel Assessor’s Parcel Numbers and identifies the parcels assigned to each subarea. These regulatory subareas are used throughout the Specific Plan to determine the applicability of development standards, overlay requirements, land use provisions, circulation requirements, and Limited Land Use allowances.

The Grand Marketplace property is identified within Subarea 18. Accordingly, the standards and provisions of the Highway 111 Corridor Specific Plan applicable to Subarea 18 apply to the proposed Grand Marketplace Phase II project, including the Master Planned Design Overlay, Mixed-Use Center Overlay, applicable connectivity requirements, and the Limited Land Use provisions of Section 3.14. Table 3.4-2 therefore provides the regulatory basis for evaluating the Project under the Subarea 18 requirements of the Highway 111 Corridor Specific Plan.

Section 3.4.C.1 Master Planned Design (MPD) Overlay
Pursuant to Section 3.4.C.1 of the Highway 111 Corridor Specific Plan, the Master Planned Design (MPD) Overlay is a regulatory overlay applied to parcels and areas that, due to their size, location, development potential, or need for subdivision and connectivity improvements, require comprehensive and coordinated planning. The MPD Overlay identifies where development must be reviewed through a Master Planned Development Permit. The MPD Overlay and the MPD Permit are therefore distinct: the MPD Overlay establishes the regulatory applicability, while the MPD Permit is the entitlement through which the proposed parcel configuration, regulatory zones and overlays, circulation network, pedestrian connectivity, public realm improvements, infrastructure, and development phasing are reviewed and established.

The previously approved Grand Marketplace Phase I project involved development of approximately 1.91 acres and did not include subdivision or comprehensive reconfiguration of the larger Grand Marketplace property. Accordingly, Phase I was processed as an individual development phase and was not reviewed through a separate Master Planned Development Permit.

In contrast, the proposed Grand Marketplace Phase II project includes Tentative Tract Map No. 39527, which encompasses approximately 16.68 acres and proposes to subdivide the larger project site into seven development parcels and one remainder parcel. Table 3.2-3 of the Highway 111 Corridor Specific Plan requires a Master Planned Development Permit for development of a site greater than four acres where subdivision is required. The proposed tentative tract map and its comprehensive reorganization of the larger Grand Marketplace property therefore

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 823 of 2236 10 trigger review of a Master Planned Development Permit as part of Planning Review Discretionary Application No. PLAN-PRD-26-0025.

The Master Planned Development Permit includes the supplemental plans and materials required by Table 3.2-3, including a coordinated parcel and block configuration, public-realm and connectivity planning, application of regulatory zones and overlays, and development phasing. The Project addresses these requirements through an integrated development plan for parcel configuration, phased commercial development, internal vehicular circulation, pedestrian connections, parking, landscaping, drainage, utilities, frontage improvements, and future development opportunities within the Grand Marketplace property.

Tentative Tract Map No. 39527 establishes seven development parcels and one remainder parcel, creating an orderly subdivision pattern that accommodates the proposed Phase II improvements and facilitates future development. The Project also coordinates with the existing Grand Marketplace shopping center and the previously approved Phase I development through shared circulation, access, pedestrian connectivity, landscaping, infrastructure, and common-area improvements.

Required MPD Permit Findings
Pursuant to Section 3.2.E.6 of the Highway 111 Corridor Specific Plan, approval of an MPD Permit requires the following findings:

1. Consistency with Development Standards and Guidelines Required Finding: The application demonstrates compliance with all relevant Development Standards and Guidelines of the Highway 111 Corridor Specific Plan or demonstrates consistency with the intent thereof if applying for a Minor Exemption or Variance as defined in Section 3.2.C, to the satisfaction of the Reviewing Authority;
The proposed Project demonstrates compliance with the applicable development standards and design guidelines of the Highway 111 Corridor Specific Plan. The MPD application includes coordinated plans addressing parcel configuration, site design, circulation, parking, pedestrian connectivity, architecture, landscaping, frontage improvements, drainage, utilities, and phasing. The proposed development is consistent with the applicable standards and design objectives of the Mixed-Use Corridor zoning designation, the MPD Overlay, and the Mixed-Use Center Frontage Overlay.

2. Consistency with the Goals and Vision of the Highway 111 Corridor Specific Plan
Required Finding: The Project contributes to the overall goals and vision for the 111 Corridor as described in Chapter 1 and 2 of this 111 CSP, to the satisfaction of the Reviewing Authority;
The proposed Project contributes to the goals and vision of the Highway 111 Corridor Specific Plan by facilitating coordinated reinvestment and redevelopment

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 824 of 2236 11 within the Midtown corridor segment and the existing Grand Marketplace commercial center. The Project provides new commercial and service uses, enhanced architectural design, coordinated landscaping, pedestrian connections, outdoor dining areas, frontage improvements, and a subdivision pattern that supports additional future development. These improvements build upon the Grand Marketplace as a significant Midtown anchor and support the continued transition of the Highway 111 Corridor toward a more active, connected, and visually cohesive district.

Although the three proposed drive-through facilities do not represent the ultimate pedestrian-oriented and mixed-use vision of the Highway 111 Corridor Specific Plan, Section 3.14 establishes a Limited Land Use process that allows a restricted number of automobile-oriented uses during the corridor’s transition. The Project qualifies for consideration as three Limited Land Uses and incorporates storefront glazing, pedestrian pathways, outdoor dining areas, architectural canopies, landscaping, and frontage improvements intended to reduce the automobileoriented character of the development. The Project therefore provides near-term commercial reinvestment and neighborhood-serving activity while supporting the broader long-term goals and vision of the Highway 111 Corridor Specific Plan.

3. Consistency with the California Environmental Quality Act Required Finding: The Project complies with all applicable mitigation contained in the GPEIR, Mitigation and Monitoring Program, and other applicable environmental documents. The applicable environmental documents. The applicant will be required to demonstrate consistency that shall be processed under the provisions of Section 15183 of CEQA Guidelines;
The Project has been reviewed pursuant to CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning. The Project is consistent with the City of Indio General Plan 2040, the Highway 111 Corridor Specific Plan, and the development density and applicable policies evaluated in the certified General Plan 2040 Program Environmental Impact Report. No projectspecific significant environmental effects have been identified that would require additional environmental review.

4. Consistency with Other Conditions of Approval
Required Finding The Project complies with any conditions imposed through any existing Master Planned Development permit, Subdivision, Land Use and/or design review approval(s);
The Grand Marketplace Phase II serves as the implementing project for this Master Planned Development permit and has been conditioned to comply with all applicable Conditions of Approval contained in Resolution Nos. 2143, 2144, and 2145. These conditions collectively regulate the design, subdivision, construction, implementation, and operation of the Grand Marketplace Phase II project.

Compliance with all applicable Conditions of Approval will be required throughout project development and operation.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 825 of 2236 12 Section 3.4.C.2 Mixed-Use Corridor (MU-C) Zone
Section 3.4.C.2 states that the Mixed-Use Corridor (MU-C) Zone is intended to implement the vision for Highway 111 to evolve into a mixed-use central boulevard characterized by active ground-floor uses, pedestrian-oriented development, enhanced corridor identity, and integrated circulation systems. The project site has a zoning designation of Mixed-Use Corridor under the Highway 111 Corridor Specific Plan. The proposed Project includes commercial, retail, restaurant, and officeserving uses together with pedestrian walkways, landscaping improvement, coordinated architectural design, and circulation improvements, intended to support reinvestment and redevelopment within the Highway 111 corridor.

Pursuant to Section 3.5 and Table 3.5-1 of the Highway 111 Corridor Specific Plan establishes permitted and conditionally permitted land uses within the Mixed-Use Corridor (MU-C) zoning designation. The proposed financial institution, restaurant, and commercial uses are permitted or conditionally permitted uses within the MU-C zoning designation. Pursuant to Section 3.14 of the Highway 111 Corridor Specific Plan, drive-through facilities are classified as Limited Land Uses and require additional review and approval by the City Council.

Section 3.4.C.5 Mixed-Use Center (MU-Ctr) Frontage Overlay Section 3.4.C.5 of the Highway 111 Corridor Specific Plan establishes the Mixed-Use Center (MU-Ctr) Frontage Overlay to reserve ground-floor commercial or “retailready” space for active, neighborhood-serving uses at key nodes and centers along the Highway 111 Corridor. The Overlay is intended to ensure that a meaningful amount of ground-floor space is designed for commercial activity and may be adapted to other market-supported uses during the corridor’s transition. The Overlay limits ground-floor uses to neighborhood- and district-serving amenities and uses that generate human activity and requires commercial or retail-ready spaces and frontages wherever the Overlay is mapped.

The proposed Project is located within Subarea 18 and the MU-Ctr Frontage Overlay. The Project provides ground-floor commercial space through two quickservice restaurants and one financial institution, which provide neighborhood- and district-serving dining and financial services within the Grand Marketplace commercial center. The restaurant buildings include customer entrances, storefront glazing, and covered outdoor dining areas that generate activity and provide visual connections between the building interiors and adjacent pedestrian areas. The financial institution also includes storefront glazing and publicly accessible customer-service areas. Pedestrian pathways, landscaping, shade trees, architectural canopies, outdoor seating, and connections to the existing sidewalk system further support pedestrian access and activity within the commercial center.

The Project’s drive-through facilities, surface parking, and individual pad-building configuration do not fully represent the Specific Plan’s ultimate long-term vision for a continuous, pedestrian-oriented mixed-use center frontage. However, the drivethrough facilities are being considered through the Limited Land Use provisions of Section 3.14, which allow a limited number of less-urban commercial development forms during the corridor’s transition. The proposed ground-floor commercial uses,

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 826 of 2236 13 transparent storefronts, outdoor dining areas, pedestrian connections, landscaping, and frontage improvements support the near-term intent of the MU-Ctr Frontage Overlay while the corridor continues to transition toward its long-term mixed-use vision.

Section 3.5.C Supporting Findings for Approved Land Uses Required Findings for CUP Approvals
A. That the proposed use will not become a public nuisance, resulting in disturbances of the peace, illegal drug activity including sales or possession thereof, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, public urination, curfew violations, theft, assaults, batteries, acts of vandalism, illegal parking, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, lewd conduct, or frequent police detention, citations or arrests, or any other activity declared by the City to be a public nuisance determined by California law to be public nuisance.

The proposed Project consists of two quick-service restaurants and one financial institution, each with a drive-through facility, within the existing Grand Marketplace commercial center. The proposed uses are customary commercial activities and are not inherently associated with the nuisance activities identified in this finding. The Project has been designed with defined vehicular circulation, drive-through queuing areas, pedestrian pathways, parking, site lighting, landscaping, trash enclosures, and building entrances intended to support safe and orderly operation.

The commercial center and individual operators will remain responsible for maintaining the buildings, parking areas, drive-through lanes, landscaping, sidewalks, and other common areas in a clean and orderly condition. Compliance with the applicable conditions of approval, City regulations, business-license requirements, noise standards, property-maintenance requirements, and publicsafety regulations will be required throughout operation of the Project. Accordingly, the proposed uses are not anticipated to result in disturbances of the peace, illegal activities, excessive littering, unlawful parking, vandalism, or other conditions constituting a public nuisance.
i. That the proposed use will not generate noise, light, glare, dust, noxious odors or other similar adverse effects on surrounding uses. For the purposes of this requirement, “surrounding uses” shall include occupants of neighboring buildings, occupants of other floors within the same building, and pedestrians passing along the sidewalk in front of the subject property.

The proposed uses are located within an established commercial center and are separated from surrounding properties by parking areas, drive aisles, landscaped setbacks, public streets, and existing commercial development. Potential

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 827 of 2236 14 operational noise will primarily consist of vehicle movements, drive-through ordering equipment, mechanical equipment, and ordinary restaurant and financialinstitution activity. The Project is required to comply with the City’s applicable noise standards, and drive-through speakers and other equipment must be installed and operated so that noise does not create an adverse effect on surrounding uses.

The Project includes shielded site lighting and building-mounted lighting designed to provide visibility for customers and employees while limiting light spill and glare onto adjoining properties and public rights-of-way. Rooftop mechanical equipment will be screened, and restaurant exhaust and mechanical systems will be subject to applicable building, mechanical, and air-quality requirements. Construction-related dust and noise will be temporary and regulated through applicable City requirements and conditions of approval. With implementation of these requirements, the Project is not anticipated to generate excessive noise, light, glare, dust, noxious odors, or similar adverse effects. ii. By the design and construction of buildings and by hours of operation of the subject use, noise that would be disruptive to residents of dwellings beside or above the proposed use shall not be permitted between the hours of 11:00 P.M. and 7:00 A.M.

No residential dwelling units are located within, beside, or above the proposed commercial buildings. The Project consists of detached, single-story commercial pad buildings within the existing Grand Marketplace commercial center. The building design, separation from residential uses, placement of drive-through lanes, and intervening commercial development reduce the potential for nighttime operational noise to affect residential properties. All uses will remain subject to the City’s applicable noise standards and conditions of approval during all hours of operation, including the period between 11:00 p.m. and 7:00 a.m. Therefore, the proposed uses are not anticipated to create disruptive nighttime noise affecting residential dwellings.

B. That the proposed use will not generate access and parking requirements in excess of those provided for Section 3.12.

The proposed Project provides off-street parking, drive-through queuing, loading areas, pedestrian circulation, and vehicular access designed to serve the two quickservice restaurants and financial institution in accordance with Section 3.12 of the Highway 111 Corridor Specific Plan. The site plan provides designated drivethrough lanes and vehicle-stacking areas for each building, separate from the primary drive aisles and parking spaces, to reduce interference with on-site circulation. Access is provided through the existing Grand Marketplace circulation system and existing connections to Highway 111 and Rubidoux Street.

The proposed parking meets parking requirements of the specific plan and drivethrough stacking have been evaluated as part of the Planning Review and Conditional Use Permit applications. Compliance with the applicable parking,

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 828 of 2236 15 loading, accessible-parking, bicycle-parking, and drive-through queuing requirements will be required through the approved plans and conditions of approval. Accordingly, the proposed uses are not anticipated to generate access or parking demands in excess of the facilities provided pursuant to Section 3.12.

C. That perceived privacy and/or security requirements of the proposed use will not lead building users to maintain rarely opened opaque window coverings on street-facing windows, nor to routinely utilize rear or side entries rather than street-facing front doors as the primary means of access and egress to the building.

The proposed buildings are designed as publicly accessible commercial establishments and do not require the level of privacy or security that would ordinarily result in permanently covered storefront windows. The building elevations incorporate substantial storefront glazing along the customer-facing elevations, allowing visibility between the building interiors and adjacent pedestrian areas. The proposed financial institution and restaurant uses are expected to maintain open and visible customer areas during operating hours, subject to limited window coverings that may be necessary for glare control, energy efficiency, or operational purposes.

Primary customer entrances are located on prominent, publicly accessible building elevations connected to the Project’s pedestrian pathways and parking areas. Rear and side doors are intended principally for employee, service, emergency, or delivery access and are not designed to replace the primary customer entrances.

Accordingly, the proposed uses are not anticipated to result in routinely obscured storefront windows or reliance upon secondary entrances as the primary means of public access.

D. That the ground floor rooms adjacent to the street frontage will be occupied during much of the day and occupied and/or lighted during most evenings.

The Project consists of three single-story commercial buildings containing customer-service, dining, lobby, waiting, and related operational areas at the ground floor. The proposed quick-service restaurants are expected to operate during daytime and evening hours, and their dining and customer-service areas will remain occupied and illuminated during operating hours. The financial institution will primarily operate during daytime business hours, while its storefront, lobby, exterior lighting, and other applicable building areas may remain illuminated during portions of the evening for security, visibility, and site identification. i. For all retail, restaurant and indoor recreational uses, display windows shall not “wall off” views into retail interior spaces, and the interiors of dining rooms and activity rooms shall be clearly visible to passing pedestrians.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 829 of 2236 16 The two quick-service restaurant buildings incorporate storefront glazing along the customer-facing elevations, including glazing adjacent to dining and customerservice areas. The glazing is intended to preserve views into active interior spaces and will not be designed or operated as an opaque display wall that prevents visual connection between the building interiors and adjacent pedestrian areas. Covered outdoor dining patios, architectural canopies, customer entrances, and pedestrian pathways further support activity and visibility around the restaurant buildings. ii. For office uses, front rooms should include lobbies, waiting areas, and office spaces in which window blinds are typically open.

The proposed financial institution includes publicly accessible customer service, lobby, and waiting areas along its customer-facing elevations. Storefront glazing will provide visibility into these active ground-floor spaces during operating hours.

Any window coverings installed for glare control, privacy, or security will not be maintained in a manner that permanently obscures the primary customer-facing frontage. The Project therefore provides active and visible front rooms consistent with the intent of this finding.
iii. For residential uses, units should be configured such that public realm-facing rooms include living rooms and dining rooms, and should not include bathrooms, closets and other uninhabited spaces.

This finding is not applicable. The proposed Project does not include residential dwelling units.

Table 3.5-1 Allowed Uses
Table 3.5-1 of the Highway 111 Corridor Specific Plan identifies the land uses allowed within each regulatory zone and overlay and establishes the corresponding permit requirements. A use identified with a “P” is permitted by right, while uses identified as “CUP” or “LU” require approval of a Conditional Use Permit or compliance with the Limited Land Use provisions, respectively. The designation of a land use as permitted does not exempt a project from compliance with the other development, design, and operational standards of the Specific Plan.

The proposed Grand Marketplace Phase II project includes two quick-service restaurants and one financial institution within the Mixed-Use Corridor (MU-C) zone.

Table 3.5-1 identifies dine-in and take-out restaurants as permitted uses within the MU-C zone. Outdoor dining is also allowed as an accessory use. Accordingly, the underlying restaurant uses and associated covered outdoor dining areas are allowed within the MU-C zone.

Table 3.5-1 also identifies banks, financial institutions, and savings and loan institutions as permitted uses within the MU-C zone. However, the table expressly provides that a financial institution with drive-through service is regulated under

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 830 of 2236 17 the separate “Drive-Through Uses, All Uses” category rather than under the general financial-institution category.

Although the underlying restaurant and financial-institution uses are permitted within the MU-C zone, each proposed building includes a drive-through facility.

Table 3.5-1 identifies all drive-through uses within the MU-C zone as requiring a Conditional Use Permit and Limited Land Use approval, subject to the requirements of Section 3.14. The Specific Plan further requires City Council approval for any Limited Land Use that includes a vehicular drive-through.

Therefore, the proposed restaurant and financial-institution uses comply with the allowed-use provisions of the MU-C zone, subject to approval of Conditional Use Permit No. PLAN-CUP-26-0010 and compliance with the Limited Land Use standards and development requirements of Section 3.14.

Section 3.6.A.2.a
Section 3.6.A.2.a of the Highway 111 Corridor Specific Plan requires new development to complete and/or support, and in no way impede, the required connections and intersections identified for the applicable subarea. The Project site is located within Subarea 18, which includes a required generally east-west connection between Monroe Street and Rubidoux Street.

Within the boundaries of the approximately 16.68-acre Project site, the proposed development provides a continuous pedestrian connection through the Project to Rubidoux Street. The proposed pedestrian network connects the development parcels, building entrances, parking areas, outdoor dining areas, and internal circulation system and is designed to allow future extension toward the western portion of Subarea 18.

The Project does not include property extending to Monroe Street and therefore cannot construct or modify the portions of the required east-west connection located outside the Project boundaries. However, the proposed subdivision, pedestrian improvements, and placement of buildings and permanent site improvements support the required connection within the area under the Applicant’s control and do not impede its future completion across adjacent property. Accordingly, the Project satisfies its proportional responsibility to support the Subarea 18 connectivity network while preserving the ability for the full connection between Monroe Street and Rubidoux Street to be completed through future development.

Section 3.6.B Connectivity Standards
Pursuant to 3.6 establishes connectivity standards applicable to parcels located within the Master Planned Design Overlay and to proposed development sites greater than four acres in size. These standards are intended to establish a connected, multimodal public realm network composed of streets, pedestrian connections, paseos, and public open spaces.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 831 of 2236 18 The Project site is approximately 16.68 acres and is located within the Master Planned Design Overlay. The Project is therefore subject to the connectivity requirements of Section 3.6. The proposed Project includes Tentative Tract Map No. 39527, which will subdivide the site into seven development parcels and one remainder parcel, together with coordinated vehicular circulation, pedestrian pathways, access points, landscaping, and public frontage improvements.

The proposed circulation system connects the development parcels to Highway 111, Rubidoux Street, and the existing internal circulation system serving the Grand Marketplace commercial center. Pedestrian pathways connect the proposed buildings, parking areas, outdoor dining areas, and existing sidewalk system. The subdivision and site improvements have also been designed to preserve the ability to extend required connections through the larger Grand Marketplace property as future development occurs. Accordingly, the Project provides and supports a coordinated circulation network consistent with the intent of Section 3.6.

Section 3.6.B.2.a
Section 3.6.B.2.a requires connection types used to satisfy the Specific Plan’s connectivity requirements to be public. For purposes of this requirement, a public connection is one that is publicly accessible and provides public passage at all times, regardless of whether the underlying property is publicly or privately owned.

A connection cannot satisfy the requirement if access is restricted solely to customers, tenants, residents, or other authorized users.

The Project utilizes Highway 111 and Rubidoux Street as existing public streets and provides connections to the existing internal circulation system serving the Grand Marketplace property. Pedestrian pathways and internal vehicular connections necessary to satisfy the Project’s connectivity requirements must remain publicly accessible and cannot be obstructed by gates, barriers, private parking controls, or other access restrictions.

Where a required connection is located outside a dedicated public right-of-way, the applicable connection must be secured through a public access easement or another mechanism approved by the City Engineer to ensure continuous public access. Compliance with this requirement will be confirmed through the final map, improvement plans, and applicable easement documents before recordation or issuance of building permits.

Section 3.6.C.1/Table 3.6.3: Maximum Block Size
Section 3.6.C.1 requires newly formed blocks within the Mixed-Use Corridor zone to comply with the maximum dimensions established by Table 3.6-3. The maximum block perimeter is 1,600 feet, or 2,200 feet when a qualifying midblock paseo is provided. The maximum block-face length is 600 feet, or 800 feet when a qualifying midblock paseo is provided. These dimensions are measured from the inner edge of the applicable walking paths.

Tentative Tract Map No. 39527 proposes to subdivide the approximately 16.68-acre Project site into seven development parcels and one remainder parcel. The Project

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 832 of 2236 19 will be required to comply with the applicable block-size, connectivity, publicaccess, and pedestrian-network standards of Section 3.6 of the Highway 111 Corridor Specific Plan. Compliance with the maximum block perimeter and blockface dimensions established by Table 3.6-3 will be reviewed and verified through the final map, improvement-plan, and building-permit plan-check processes. Any required pedestrian connections, public-access easements, or related improvements necessary to demonstrate compliance shall be incorporated into the final plans and will be reviewed by the Community Development Department during the building permit plan check process.

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

Section 3.8 Building Placement and Access
Section 3.8 of the Highway 111 Corridor Specific Plan establishes buildingplacement and access standards intended to promote pedestrian-oriented development, active street frontages, and an urban development pattern within the Mixed-Use Corridor zone. Table 3.8-1 establishes a Highway 111 build-to range of zero to 15 feet, a minimum front-street buildout of 100 percent, and a maximum building length of 300 feet. The table does not establish a separate side-street build-to range for the Mixed-Use Corridor zone, but requires an 80-percent sidestreet buildout for the first 40 feet measured from the front street. A minimum separation of 10 feet is required between multiple buildings located on the same lot.

The proposed building setbacks from Highway 111 are summarized below:

Pad Proposed Use Building
Area
Required
Highway 111
Build-To
Range
Proposed
Setback from
Highway 111
Compliance
Approach
Pad
1 Quick-service
restaurant with
drive-through
3,500 sq.
ft. 0–15 feet 27.2 feet LLU deviation
Pad
2 Quick-service
restaurant with
drive-through
3,400 sq.
ft. 0–15 feet 41.8 feet LLU deviation
Pad
3 Financial
institution with
drive-through
3,390 sq.
ft. 0–15 feet 37.10 feet LLU deviation

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 833 of 2236 20 As shown in the table above, all three proposed buildings are located outside the standard zero-to-15-foot Highway 111 build-to range. The increased setbacks accommodate the drive-through lanes, vehicle stacking, internal circulation, parking, pedestrian walkways, landscaping, and outdoor dining areas associated with the proposed uses.

The Project is being processed as three Limited Land Uses pursuant to Section 3.14 of the Highway 111 Corridor Specific Plan. Section 3.14 permits freestanding commercial buildings and drive-through facilities to use an alternative site configuration and allows the frontage-buildout requirements of Table 3.8-1 to be waived when the Project complies with the applicable Limited Land Use standards.

The proposed buildings incorporate active customer areas, storefront glazing, pedestrian connections, covered outdoor dining areas, architectural canopies, landscaping, and screening intended to minimize the effect of the increased setbacks and maintain an active and visually improved frontage along Highway 111.

Section 3.9 Building Height
Section 3.9 of the 111-CSP establishes minimum and maximum building height standards within the Specific Plan area. The MU-C zoning designation requires a minimum building height of three (3) stories (minimum of 30 feet), unless otherwise modified through the Limited Land Use provisions of Section 3.14 of the 111-CSP. The proposed Project consists of single-story buildings associated with approved Limited Land Uses. Pursuant to Section 3.14 of the 111-CSP, Limited Land Uses may deviate from certain development standards, including building height and placement, to facilitate corridor reinvestment and economic development. Although the proposed buildings do not satisfy the standard minimum building height of the MU-C zone, the Project is consistent with the flexibility provisions of Section 3.14 and incorporates enhanced architectural articulation, varied parapet heights, decorative materials, and pedestrian-oriented design features consistent with the overall intent of the Specific Plan. The project proposes the following maximum building heights as follows:

Table C – Building Height
Pad Proposed Use Building
Height
1 Restaurant w/Drive-through 24’
2 Restaurant w/Drive-through 22.5’
3 Financial Institution 21.6’
Section 3.10 Facades and Frontages
Section 3.10 of the 111-CSP establishes standards for building facades and frontages intended to create visually engaging, pedestrian-oriented development along the Highway 111 Corridor. These standards encourage building articulation, storefront transparency, architectural detailing, and active street-facing elevations

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 834 of 2236 21 that contribute to the overall character and identity of the corridor. The proposed Project consists of three single-story buildings associated with Limited Land Uses approved pursuant to Section 3.14 of the 111-CSP. While the Project utilizes the flexibility provided under the Limited Land Use provisions with respect to certain building placement and development standards, the proposed buildings continue to implement the architectural objectives of Section 3.10 through enhanced building articulation, varied parapet heights, storefront glazing, decorative stone veneer, painted and textured wall finishes, architectural reveals, and enhanced pedestrianoriented building entrances. In addition, conditions of approval require compliance with the blank wall and façade articulation requirements of the Unified Development Code. Blank walls exceeding thirty (30) feet in length along public rights-of-way, pedestrian pathways, or publicly accessible open space areas shall incorporate architectural articulation, material variation, landscaping treatments, decorative features, windows, recesses, reveals, scoring, columns, or similar architectural elements. Compliance with these requirements will be verified during building permit plan check by the Community Development Department.

Section 3.11 Private Signage
Section 3.11 (Private Signage) of the Highway 111 Corridor Specific Plan (111-CSP) establishes standards regulating the design, placement, scale, and appearance of private signage within the Specific Plan area. Section 3.11.A.2 states that sign types not expressly permitted by right may be reviewed through the Planning Review Discretionary process for consistency with the intent and design objectives of the 111-CSP. The proposed Project includes a Master Sign Plan consisting of one multi-tenant monument sign, wall signage, and window signage. The proposed Master Sign Plan includes a request for a deviation from certain sign standards of the 111-CSP and the Unified Development Code, consisting of an increase in the maximum allowable wall sign width from sixty percent (60%) to seventy percent (70%) of the tenant façade width. Pursuant to Section 3.05.09.D of the Unified Development Code, Master Sign Plans may be utilized for multi-tenant commercial developments to establish a coordinated signage program and allow consideration of alternative sign standards. Section 3.05.09.D.3.c further provides that the Planning Commission shall review Master Sign Plans requesting increases in allowable sign height and area beyond the standards established for freestanding and building-mounted signs for multi-tenant buildings and shopping centers.

The proposed signage program has been reviewed for consistency with the architectural character of the project, corridor aesthetics, pedestrian-oriented design objectives, and the visual identity goals of the 111-CSP. The proposed signage incorporates coordinated materials, colors, placements, and illumination standards intended to create a cohesive signage program throughout the Grand Marketplace Phase II development. The proposed monument sign remains substantially consistent with the monument sign standards of Section 3.11.C.1.f.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 835 of 2236 22 Section 3.11.B General Standards for Private Signage The applicant is proposing a coordinated Master Sign Plan (MSP) for the Grand Marketplace Phase II development. While the proposed MSP includes limited deviations from certain sign standards of the 111-CSP and Unified Development Code, the proposed signage program complies with the applicable General Standards of Section 3.11.B as discussed below. The requested deviations primarily relate to wall sign width allowances and coordinated architectural signage elements incorporated into the overall project design.

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

As proposed, the monument signs, wall signs, and window signs do not obstruct building entrances, architectural features, storefront glazing, parapets, or other prominent architectural elements of the proposed commercial buildings. The proposed signage has been integrated into the overall design of the project and is consistent with the applicable standards.
b. A maximum of three allowed sign types shall be allowed on a building or massing increment unless stated otherwise.

The proposed Master Sign Plan includes wall signs, window signs, tenant monument signs, and one multi-tenant monument sign serving the overall Grand Marketplace Phase II development. The proposed number and types of signs for each building are summarized below:

Building Wall
Signs
Window
Signs Monument Signs Total Signs
Total Sign
Types
Pad 1 – QuickService
Restaurant
4 1
1 tenant
monument sign 6 3
Pad 2 – QuickService
Restaurant
4 2 0 6 2
Pad 3 – Financial
Institution 4 1
1 tenant
monument sign 6 3
As shown in the table above, Pad 1 includes six signs consisting of three sign types:
wall signs, a window sign, and a tenant monument sign. Pad 2 includes six signs consisting of two sign types: wall signs and window signs. Pad 3 includes six signs consisting of three sign types: wall signs, a window sign, and a tenant monument sign. The Master Sign Plan also includes one multi-tenant monument sign serving the overall Grand Marketplace Phase II development, which is not assigned to an

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 836 of 2236 23 individual building. The Master Sign Plan identifies wall signs and window signs as tenant signage and separately identifies the multi-tenant monument sign and tenant monument signs for Pads 1 and 3.

Accordingly, no individual building would contain more than three sign types, and the proposed signage program complies with the maximum number of sign types permitted per building or massing increment. The Master Sign Plan requests a deviation to increase the maximum allowable tenant wall-sign width from 60 percent to 70 percent of the applicable façade width. This deviation is intended to provide a coordinated signage program integrated with the architectural design of the Grand Marketplace Phase II development and may be considered through the Master Sign Plan process pursuant to Section 3.05.09.D of the Unified Development Code.

The Master Sign Plan does not authorize signage on drive-through screening walls or other screening walls. Any such signage shall be prohibited unless separately reviewed and approved in accordance with the applicable provisions of the Unified Development Code and Highway 111 Corridor Specific Plan. The Master Sign Plan also does not approve any pylon signs. Any future pylon sign would require separate review and approval through the applicable City permit process. c. Phone numbers and email addresses shall be prohibited from being displayed on any of the allowed sign types, with the exception of front yard signs.

The applicant is not proposing phone numbers or email addresses on any proposed signage. Conditions of approval have been incorporated to comply with the Highway 111 Corridor Specific Plan and the Unified Development Code where the Master Sign Plan is silent.
d. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties.

The proposed Master Sign Plan prohibits animated lights, moving illuminations, and exposed lighting components. Proposed wall signage consists primarily of halo-lit channel lettering with concealed raceways and illumination components consistent with the lighting and design standards identified within the Master Sign Plan. e. Directory signs are small wall signs located at pedestrian eye level and intended to identify multiple tenants within a building or complex.

The applicant is not proposing directory signs as part of the proposed Master Sign Plan. Any future directory signage not explicitly reviewed as part of this entitlement shall be subject to separate review for consistency with Section 3.11 of the 111- CSP.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 837 of 2236 24 f. Internal Illuminated “Cabinet Signs” and/or “Channel Letters” shall be prohibited for all signage.

The proposed Master Sign Plan does not include internally illuminated cabinet signs.

Proposed wall signs consist of halo-lit aluminum channel letters with concealed mounting systems and lighting components as identified within the Master Sign Plan. The proposed signage is consistent with the intent of Section 3.11 to provide high-quality signage integrated into the architectural design of the project.

Master Sign Plan Review and General Provisions
Pursuant to Section 3.05.09.D of the Unified Development Code, Master Sign Plans may be utilized for multi-tenant commercial developments to establish a coordinated signage program and allow consideration of alternative sign design standards. Section 3.05.09.D.3.c further provides that the Planning Commission shall review Master Sign Plans requesting increases in allowable sign height and area beyond the standards established for freestanding and building-mounted signs for multi-tenant buildings and shopping centers. The proposed Master Sign Plan includes detailed general provisions, restrictions, and review procedures intended to regulate the design, construction, installation, illumination, maintenance, and approval of signage for the Grand Marketplace Phase II development. The Master Sign Plan requires each tenant to submit a detailed signage package to the landlord prior to City submittal, including building elevations showing the proposed sign location, a site plan identifying the tenant location, sign specifications, dimensions, copy layout, materials, colors, illumination, and attachment methods. Following landlord approval, the tenant is required to submit the approved signage package to the City of Indio Building & Safety Division for review and obtain all required building permits prior to installation.

The Master Sign Plan also establishes construction and design requirements for tenant signage, including concealed raceways, transformers, electrode boxes, switches, wiring, conduit, and access hatches; wall signs attached directly to the tenant lease space; required sign backers and raceways for signs mounted on stone façades; illumination controlled by a time clock or energy management system; watertight sealing of building penetrations; and installation by a licensed sign contractor.

In addition, the Master Sign Plan identifies prohibited signage and sign features, including permanent advertising devices such as attraction boards, posters, banners, and flags unless specifically approved by the Owner/Developer and the City; exposed junction boxes, transformers, lamps, tubing, conduit, raceways, or neon crossovers; visible sign manufacturer labels; luminous vacuum-formed acrylic signs and letters, except approved site directional signage; paper, cardboard, Styrofoam signs, stickers, or decals hung around, on, or behind storefronts; exposed fastening devices unless integral to the sign design; simulated materials such as wood-grained plastic laminates or wall coverings; animated lights or moving sign components except where specifically allowed by the Master Sign Plan; A-frame sandwich signs; and any other signage not permitted by the City of Indio or the approved Master Sign Plan. The Master Sign Plan does not authorize signs on

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 838 of 2236 25 drive-through screening walls or other screening walls, and it does not approve any pylon signs. Any future signage proposed on a screening wall or any future pylon sign shall require separate review and approval in accordance with the applicable provisions of the Unified Development Code and Highway 111 Corridor Specific Plan.

Section 3.12 Parking
Pursuant to Section 3.12 of the Highway 111 Corridor Specific Plan, the Specific Plan establishes standards regulating parking design, parking lot layout, circulation, pedestrian connectivity, bicycle parking, and minimum parking requirements for development within the Specific Plan area. Table 3.12-1 requires a minimum of 0.5 parking space for every four restaurant seats, equivalent to one parking space for every eight seats, and a minimum of two parking spaces per 1,000 square feet of net floor area for office uses. The proposed financial institution is evaluated under the office parking ratio.

The proposed Grand Marketplace Phase II project consists of approximately 10,290 square feet of commercial development, including two quick-service restaurants with drive-through facilities and one financial institution with a drive-through facility. Based on the restaurant seating proposed for Pads 1 and 2 and the office parking ratio applicable to the approximately 3,390-square-foot financial institution on Pad 3, the Project is required to provide a minimum of 85 parking spaces. The proposed Project provides 85 parking spaces, thereby meeting the minimum parking requirement established by Table 3.12-1 of the Highway 111 Corridor Specific Plan.

In addition to vehicle parking, the Project includes bicycle parking and electric vehicle charging infrastructure consistent with the applicable California Building Code and CalGreen requirements. The Project also incorporates internal pedestrian walkways, landscape screening, and parking lot shade trees intended to improve pedestrian connectivity and reduce the visual prominence of parking areas throughout the site.

Table D – Parking Provided
Pad Proposed Use Parking Stalls
1 Quick Service Restaurant with DriveThrough 33
2 Quick Service Restaurant with DriveThrough 22
3 Financial Institution with Drive-Through 30
Total Parking Provided 85
Section 3.13 Site Design
Section 3.13 of the 111-CSP establishes standards for site design intended to create high-quality commercial development through coordinated landscaping, pedestrian connectivity, lighting, parking lot design, screening, utilities, refuse

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 839 of 2236 26 enclosures, and other site improvements that contribute to the overall character of the Highway 111 Corridor. The proposed Project incorporates a comprehensive site design that includes enhanced landscaping, decorative pedestrian walkways, internal pedestrian connections between buildings, parking areas, and public sidewalks, paving treatments, landscape screening, refuse enclosures, and lighting improvements consistent with the design objectives of the 111-CSP. The Project also preserves the existing mature palm trees along Highway 111 frontage and includes enhanced parkway landscaping along both Highway 111 and Rubidoux Street. Conditions of approval further require the applicant to submit a Final Landscape Plan for review and approval by the Planning Division, Public Works/Engineering, and the Indio Water Authority to ensure compliance with the landscape and site design standards of the 111-CSP and the Unified Development Code. Collectively, the proposed site improvements are consistent with the intent of Section 3.13 and contribute to the continued revitalization of the Highway 111 Corridor.

Section 3.14 Limited Land Uses in the MU-C Zone.

Section 3.14 of the 111-CSP establishes standards and procedures regulating Limited Land Uses within the MU-C zoning designation. The Specific Plan recognizes that while the MU-C zone is intended to transition toward a more urban, mixed-use environment, market conditions may not always support immediate development consistent with all MU-C development standards. Accordingly, Section 3.14 provides flexibility to allow a limited number of lower-intensity and automobile-oriented uses through the Conditional Use Permit process, provided such uses contribute to the economic development and long-term revitalization of the Highway 111 corridor.

The project site is located within Subarea 18 of the 111-CSP. Pursuant to Table

3.14-1 of the Specific Plan, Subarea 18 permits a maximum of four (4) Limited Land Use approvals. The proposed Project includes three Limited Land Uses consisting of two restaurant drive-through facilities and one office-serving drivethrough facility associated with the proposed financial institution. Approval of the proposed Project will exhaust the maximum number of Limited Land Uses permitted within Subarea 18. Table E below provides a breakdown summary for the allowed Limited Land Uses in Subarea 18;
Table E – Limited Land Use Summary for Subarea 18
Project Limited Land Use Status
IGM Phase 1
(PLAN-PRD-24-0014) Commercial/Retail Approved
IGM Phase 2
(PLAN-PRD-26-0025)
Quick Service Restaurant with DriveThrough Proposed
IGM Phase 2
(PLAN-PRD-26-0025)
Quick Service Restaurant with DriveThrough Proposed
IGM Phase 2
(PLAN-PRD-26-0025)
Office-Serving Drive-Through
(Financial Institution) Proposed
Total Allowed In
Subarea 18 4 Limited Land Uses Maximum Reached

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 840 of 2236 27 With the approval of the proposed Project, all four (4) Limited Land Use approvals permitted within Subarea 18 will be utilized. Any future request for an additional Limited Land Use within Subarea 18 will require an amendment to the Highway 111 Corridor Specific Plan, consistent with the conditions of approval for this Project.

Although the Project utilizes the flexibility provided under Section 3.14 to deviate from certain development standards applicable to the Mixed-Use Corridor zone, including minimum building height and building placement requirements, the Project incorporates enhanced architectural design, coordinated landscaping, pedestrian connectivity, frontage improvements, and a comprehensive site design that supports the overall vision and design objectives of the Highway 111 Corridor Specific Plan. The proposed Limited Land Uses provide additional commercial services within the existing Grand Marketplace development while furthering the economic reinvestment and continued revitalization of the Highway 111 corridor.

SECTION 4. Approval. Based upon the foregoing findings and the evidence presented at the public hearing, the City Council of the City of Indio hereby APPROVES Planning Review Discretionary Application No. PLAN-PRD-26-0025 for the Grand Marketplace Phase II Project, subject to the Conditions of Approval attached hereto and incorporated herein by this reference. The Applicant shall demonstrate compliance with all Conditions of Approval contained in this Resolution. Failure to comply with the Conditions of Approval may result in delays to project implementation, revocation of permits, or other enforcement actions authorized by the City of Indio Municipal Code and other applicable laws. Wherever the term “Applicant” is used in the Conditions of Approval, it shall also include the property owner, developer, and any successor in interest. It shall be the responsibility of the Applicant and any successor in interest to comply fully with all Conditions of Approval unless 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 Discretionary (PLAN-PRD-26-0025), Conditional Use Permit (PLAN-CUP-26-0010), and Tentative tract map (PLAN-TPM-26-0015) approvals granted by this Resolution shall remain valid in accordance with the time limits and extension provisions established by the California Subdivision Map Act and the City of Indio Unified Development Code. Unless otherwise extended, these

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 841 of 2236 28 approvals shall expire if building permits are not issued or substantial progress toward completion of the approved project has not occurred within the applicable approval period.

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 holds 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

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 842 of 2236 29 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 shown on the approved plans shall be considered Conditions of Approval. In the event of a conflict between the approved plans and the Conditions of Approval, the Conditions of Approval shall prevail.

5. Approval of this project authorizes a Planning Review Discretionary, Conditional Use Permit, and Tentative tract map for the Grand Marketplace Phase II commercial development project.

6. The Applicant shall comply with all applicable Conditions of Approval contained within Planning Commission Resolution Nos. 2143, 2144, and 2145 and the corresponding City Council Resolution Nos. XXXXX, XXXXX, and XXXXX. Each approval is a companion entitlement for the Grand Marketplace Phase II Project, and compliance with the Conditions of Approval contained in one approval shall not relieve the Applicant from complying with the Conditions of Approval contained in the remaining companion approvals. Compliance with all applicable Conditions of Approval shall be required for the implementation, construction, and operation of the approved Project.

7. The approvals associated with Planning Commission Resolution Nos. 2143, 2144, and 2145 and City Council Resolution Nos. XXXXX, XXXXX, and XXXXX are limited to the improvements, uses, buildings, site design, Master Sign Plan, and other development components identified as Grand Marketplace Phase II in the approved plans. Any development identified as Phase III, or any other future development not expressly included within the Phase II approvals, shall require the submittal and approval of all applicable entitlement applications and environmental review prior to development.

8. Within thirty (30) calendar days following approval of the Project, the Applicant shall submit written acceptance of all Conditions of Approval associated with Planning Commission Resolution Nos. 2143, 2144, and 2145 and the corresponding City Council Resolution Nos. XXXXX, XXXXX, and XXXXX to the Community Development Director or Project Planner. Failure to submit written acceptance within the required time frame may render the Project approvals null and void.

9. The Applicant shall ensure that development occurs in substantial conformance with the approved project plans, including all Planning Review exhibits, Conditional Use Permit exhibits, Tentative tract map exhibits, architectural

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 843 of 2236 30 elevations, site plans, landscaping plans, and all conditions of approval, as determined by the Community Development Director or designee.

10. The project shall comply with all applicable provisions of the Highway 111 Corridor Specific Plan, the City of Indio Municipal Code, and all applicable local, state, and federal regulations.

11. All drive-through facilities shall comply with the operational and design requirements of Section 4.13 of the Unified Development Code.

12. All site lighting shall comply with applicable Highway 111 Corridor Specific Plan and Unified Development Code standards. Lighting shall be shielded and directed away from adjacent properties and public rights-of-way. A final photometric plan shall be submitted for review and approval prior to issuance of building permits.

13. The Applicant shall submit a Final Landscape Application for all landscaping approved as part of this entitlement. The Final Landscape Application shall be submitted to the Planning Division and shall be subject to review and approval by the Planning Division, Public Works/Engineering Department, and Indio Water Authority.

14. All landscaping shall comply with the requirements of the Highway 111 Corridor Specific Plan, Unified Development Code Section 3.02.09, and the State Model Water Efficient Landscape Ordinance.

15. All required landscaping and irrigation systems shall be installed and fully operational prior to final planning inspection and shall be permanently maintained in a healthy condition. Dead or dying plant materials shall be replaced within thirty (30) days of City notification.

16. All trees shown on the approved landscape plans shall be installed at a minimum twenty-four (24)-inch box size unless otherwise approved by the Community Development Director or designee.

17. The twelve (12) existing mature non-fruiting palm trees located along the Highway 111 frontage shall be preserved and incorporated into the Project landscaping to the extent reasonably feasible, as determined by the Community Development Director or designee. The Applicant shall use commercially reasonable efforts to protect and maintain the existing palm trees during construction.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 844 of 2236 31 a. Prior to commencement of construction activities in the vicinity of the existing palm trees, the Applicant shall install and maintain appropriate protective measures, as determined by the Community Development Director or designee, to minimize the potential for damage from grading, excavation, construction equipment, material storage, or other construction-related activities. Such protective measures shall remain in place until construction activities that could reasonably affect the trees have been completed.
b. Notwithstanding the foregoing, the Community Development Director or designee may authorize the removal or relocation of one or more of the existing palm trees upon determining that preservation in place is infeasible or impracticable due to site constraints, grading, utilities, access, construction requirements, tree health or condition, public safety, or other circumstances affecting the reasonable development of the Project. The Director may require supporting information from a qualified arborist or other appropriate professional where reasonably necessary to evaluate the proposed removal or relocation. c. As a condition of approving the removal of any existing palm tree, the Community Development Director or designee may require
replacement landscaping, including replacement palm trees or other mature specimen trees of comparable visual character, size, and landscaping value, in locations determined appropriate to maintain an attractive and substantial landscaped presence along the Highway 111 frontage. Replacement requirements may take into account the size, condition, location, and landscaping value of the tree removed and the feasibility of replacement within the Project site

18. All perimeter walls and fencing shall comply with the height, material, and design standards of the Unified Development Code and shall be shown on approved wall permit plans.

19. All new masonry walls, or non-transparent fences that face a public right-ofway or publicly accessible path or open space, and that are 50 feet in length or longer and four feet in height or taller shall be designed to minimize visual monotony through at least one of the following:
a. Changes in plane. An offset a minimum of 1 foot deep for every 50 feet to 75 feet of wall;
b. Changes in height. Wall inserts and/or decorative columns or pilasters every 20 feet to provide relief;

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 845 of 2236 32 c. Changes in material. Changes in material and/or material texture; d. Landscaping. Continuous and opaque landscape screening.

20. All refuse enclosures, loading areas, utility equipment, backflow devices, transformers, HVAC equipment, and mechanical equipment shall be screened from public view in a manner consistent with the Highway 111 Corridor Specific Plan and approved by the Community Development department.

21. All signage associated with the project shall comply with the approved Master Sign Plan and applicable provisions of Unified Development Code Section 3.05 and the Highway 111 Corridor Specific Plan. This approval does not include any pylon signs or signs attached to the proposed drive-through screening walls.

Separate sign permits shall be required prior to installation of any signage.

22. Any sign type, design element, or signage standard not specifically addressed within the approved Master Sign Plan shall comply with the applicable signage standards of the Highway 111 Corridor Specific Plan. The Master Sign Plan does not approve any pylon signs or signs affixed to the proposed drive-through screening walls. In the event the Highway 111 Corridor Specific Plan is silent regarding a specific sign type or standard, the applicable provision of the Unified Development Code Section 3.05 shall apply as determined by the Community Development Director or their designee.

23. Any future modification to the approved Master Sign Plan shall be subject to review and approval by the Community Development Director or their Designee. a. Minor deviations up to 20% from the approved Master Sign Plan may be administratively approved by the Community Development Director or their designee in accordance with Section 3.2.C of the Highway 111 Corridor Specific Plan, including the allowable deviations identified in Table 3.2-1 | Minor Exceptions from Development Standards, subject to applicable required findings.
b. Any proposed modification exceeding the allowable deviations established under Table 3.2-1 of the Highway 111 Corridor Specific Plan or otherwise determined by the Community Development Director or their designee to materially alter the approved Master Sign Plan or overall project design intent, shall require review and approval by the Planning Commission through a duly noticed public hearing process. c. No digital display signs, electronic message centers, animated signage, moving illumination, flashing signage, signs attached to the proposed screening walls, or Pylon Signs are approved as part of this

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 846 of 2236 33 entitlement unless separately reviewed and approved by the Planning Commission or City Council.

24. Tenant signage shall remain substantially consistent with the approved Master Sign Plan, including the approved design, location, dimensions, materials, colors, and illumination methods, unless otherwise approved by the Community Development Department in accordance with the Unified Development Code.

25. All parking areas, drive aisles, pedestrian walkways, and circulation improvements shall be maintained in accordance with the approved site plans and applicable accessibility requirements.

26. All pedestrian connectivity and pedestrian pathway improvements provided as part of the project shall incorporate pedestrian paving treatments to enhance pedestrian visibility and site design.
a. Paving treatments may include, but are not limited to; i. decorative concrete,
ii. stamped concrete,
iii. pavers,
iv. colored concrete,
v. other similar pedestrian-enhancing materials
b. Review and approval by the Community Development Director or their designee through the Final Landscape Application

27. Reciprocal access, parking, and shared circulation easements necessary to serve the overall Grand Marketplace development shall be recorded prior to issuance of certificates of occupancy, as determined necessary by the City Engineer or Community Development Director.

28. The project shall comply with the California Environmental Quality Act (CEQA), including all applicable mitigation measures and environmental review requirements associated with PLAN-ER-26-0028.

29. Any proposed modification to the approved site plan, building elevations, drive-through operations, landscaping, or project design shall be subject to review and approval by the Community Development Director and may require an amendment to the approved entitlements.

30. Building elevations shall comply with the façade articulation and blank wall requirements of Section 2.03.04.E.2 of the Unified Development Code. Blank walls exceeding thirty (30) feet in length along public rights-of-way, pedestrian pathways, or publicly accessible open space areas shall incorporate architectural

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 847 of 2236 34 articulation, material variation, landscaping treatments, decorative features, windows, recesses, reveals, scoring, columns, or other similar architectural elements. Compliance with this condition shall be reviewed during building permit plan check review.

31. Prior to issuance of building permits, the Applicant shall submit final architectural, landscaping, lighting, and site development plans for review and approval by the Community Development Director or designee.

32. The Community Development Department shall have the authority to conduct periodic follow-up inspections of the project site no sooner than six (6) months following completion of the project to verify ongoing compliance with the approved entitlements, conditions of approval, approved plans, and applicable City regulations.

33. Development of the project shall occur in substantial conformance with the approved phasing plan for the overall Grand Marketplace development as approved as part of the project entitlement record. Any material modification to the approved phasing plan affecting circulation, access, infrastructure, parking, or overall site functionality shall be subject to review and approval by the Community Development Director or their designee.

34. Nothing in the approval of the Grand Marketplace Phase II entitlement shall modify, amend, supersede, or invalidate any previously approved entitlement, condition of approval, site plan, architectural approval, or operational approval associated with the approved Grand Marketplace Phase I development, except as otherwise approved by the Planning Commission or City Council.

35. All improvements shall be maintained in a clean, safe, and orderly condition for the life of the project.

36. Compliance with all applicable Conditions of Approval contained within Resolution Nos. 2143, 2144, and 2145 shall be required for the implementation and operation of the approved project.

37. Prior to the issuance of a building permit for any building within Phase II, the Applicant shall submit, for review and approval by the Community Development Director or their designee, a site plan and written confirmation identifying Parcel 6 as the location where the electric vehicle charging facilities associated with the EV-ready parking stalls provided within Grand Marketplace Phases I and II will be consolidated and installed as part of the future Phase III development. The site plan shall identify the proposed location, number, and general configuration of the consolidated electric vehicle charging facilities and shall demonstrate compliance with all applicable development standards, parking requirements,

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 848 of 2236 35 and accessibility requirements. The approved Phase III development plans shall include the final location and installation details for the consolidated electric vehicle charging facilities.
a. The location of electric vehicle chargers shall preserve safety and shall not be located behind any buildings and line of sight views shall be preserved.

38. The Covenants, Conditions and Restrictions shall be recorded concurrently to the recordation of final map.

39. Prior to recordation of the Final Map, the Applicant/Developer shall establish, or otherwise provide for, a legally responsible maintenance entity acceptable to the Community Development Director and City Engineer for the ownership, operation, repair, replacement, and ongoing maintenance of all private and shared improvements serving the Grand Marketplace development. Such improvements shall include, but are not limited to, private streets and drive aisles, shared access and circulation improvements, common parking areas, pedestrian connections, perimeter and screening walls, landscaping, irrigation systems, site lighting, signage improvements, stormwater facilities, drainage improvements, water quality facilities, and other privately owned common-area improvements serving Phase II, Phase I, and future development parcels. The responsible maintenance entity may include a property owners’ association, one or more property owners, or a professional property management company, provided the City determines that the entity has legally enforceable responsibility and adequate authority to maintain the applicable improvements.

40. Prior to or concurrently with recordation of the Final Map, the Applicant/Developer shall record Covenants, Conditions and Restrictions, reciprocal easement agreements, maintenance agreements, or other legally enforceable instruments, in a form approved by the City Attorney, Community Development Director, and City Engineer, identifying the ownership, access rights, maintenance responsibilities, funding obligations, enforcement rights, and responsible party for each private or shared improvement within the Grand Marketplace development. The recorded instruments shall address shared access, circulation, parking, utilities, landscaping, drainage, stormwater management, signage, and other common facilities serving the development parcels. Applicable easements and maintenance obligations shall be shown on the Final Map or referenced by recorded document, as appropriate. The City shall not be responsible for the ownership, operation, repair, replacement, or maintenance of any private or shared improvement unless expressly accepted by the City Council.

Indio Water Authority Conditions

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 849 of 2236 36 41. Water Service Improvement plans are required for each building.

42. Each building will require its own domestic water meter with back flow assembly.

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

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

45. The applicant shall coordinate the fire service with the Indio Fire Department.

46. The applicant shall complete the Landscape Documentation Package in accordance with the Water Efficient Landscape Development Standards Ordinance No. 1684.

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

48. The applicant/developer shall submit a water meter clearance application for B-2 to [email protected] for review and approval.

49. The applicant/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.

50. Prior to water service activation, all water infrastructure in the final approved plan must be constructed and must have a Council approved Water Agreement and Easement if applicable.

51. Prior to the issuance of a landscape water meter, the applicant must have a complete set of landscape plans signed and approved by IWA.

Building and Safety Conditions

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 850 of 2236 37 52. A complete code analysis shall be provided for each building, including occupancy classification, type of construction, allowable area, occupant load, fire-resistance ratings, and mixed occupancy provisions, if applicable.

53. Separate building permits will be required for each proposed pad building, including all associated site improvements and accessory structures. The conceptual plans show three buildings consisting of approximately 3,500 SF restaurant (Pad 1), 3,400 SF restaurant (Pad 2), and 3,390 SF financial institution (Pad 3).

54. Provide a complete accessibility analysis in accordance with CBC Chapter 11B, including accessible parking, accessible routes, dining areas, service counters, and all public accommodations. The conceptual site plan identifies accessible parking and routes which shall be verified at plan check.

55. Provide a life safety plan for each building showing occupant loads, means of egress, travel distances, exit widths, exit signs, emergency lighting, and door hardware in accordance with CBC Chapter 10.

56. Provide plumbing fixture calculations in accordance with CBC Chapter 29 for each tenant space.

57. The proposed quick-service restaurants with drive-through facilities and outdoor dining patios shall provide complete architectural, structural, mechanical, electrical, plumbing, and energy plans at the time of building permit submittal.

58. Separate permits will be required for accessory structures and site improvements, including but not limited to trash enclosures, retaining walls, monument signs, patios, and any site walls. The landscape plan identifies a proposed 3-foot-high wall along the drive-through area.

59. Precise grading plans shall be approved by Engineering prior to issuance of building permits. Building pad elevations and site improvements shall be coordinated with the approved grading plans. The conceptual grading plans identify finished floor elevations of approximately 498.50 for Pad 1, 498.00 for Pad 2, and 497.75 for Pad 3.

60. A Construction Waste Management Plan (CWMP) will be required at the time of building permit submittal.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 851 of 2236 38 Valley Sanitary District Conditions

61. The proposed project location lies wholly within the Valley Sanitary District boundary, a public agency for sanitary sewer service. This property/project has an existing sewer connection to the main. Applicant shall research the availability, condition and suitability of the sewer

62. The Owner/Developer’s engineer should consult with VSD staff and discuss proposed sewer main connections and requirements prior to design.

63. 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.

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

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

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

67. The proposed project is subject to the local effluent requirements of Valley Sanitary District's (VSD) Resolution 2022-1170; local discharge limits, and conformance with the Valley Sanitary District Sewer Use and Construction Ordinance 2022-121.

68. 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.

69. 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.

70. 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.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 852 of 2236 39 Fire Department Conditions

71. Fire Protection Water Supplies/Fire Flow - Minimum fire flow for the construction of all buildings is required per CFC Appendix B. Prior to building permit issuance for new construction, the applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow.

Specific design features may increase or decrease the required fire flow. Provide a copy of a fire flow verification from the local water purveyor, Indio Water Authority or CVWD, in the form of a letter, and graph depiction specifying the fire flow. Verification shall be prior to building permit issuance. (CFC) 507.3

72. Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 400 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the fire department. In areas where new water mains are extended along streets and hydrants are not needed for protection of structures, standard fire hydrants shall be provided at spacing not to exceed 1,000 feet along streets for transportation hazards. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4” x 2.5” x 2.5” (super hydrant). Reference CFC as amended and NFPA 24.

73. Water Plans - If fire hydrants are required to be installed, applicant/developer shall furnish the water system fire hydrant plans to the Fire Department 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. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Reference CFC as amended.

74. Fire Department Access - Fire apparatus access roads shall be provided within 150 feet of all exterior portions of buildings, unless otherwise approved by the fire department. Fire apparatus access roads shall have an unobstructed width of no less than 24 feet. Dead-end fire apparatus access roads exceeding 150 feet in length shall provide an approved turnaround. The minimum required turning radius of a fire apparatus access road is 38 feet outside radius and 14 feet inside radius. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 75,000 lbs. Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 16 percent, and the cross slope shall not exceed 2.5 percent. The angles of approach and departure for

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 853 of 2236 40 fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet of approach/departure. Reference CFC as amended and Riverside County Fire Department Policies and Standards.

75. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage, shall comply with all Riverside County Fire Department Standards.

76. Fire Department Access Turn Around – On-parcel dead-end fire apparatus access roads exceeding 150 feet in length shall provide a bulb turnaround at the terminus measuring a minimum of 38 feet outside radius and 14 feet inside radius Parallel parking around the perimeter of the bulb is acceptable provided the bulb outside turning radius is increased by 8 feet. In-lieu of a bulb, a hammer-head type turnaround is acceptable where the top of the “T” dimension is 120 feet with the stem in the center. Additional turnaround designs may be acceptable as approved by the Fire Department. Reference CFC as amended and Riverside County Fire Department Policies and Standards.

77. Secondary Access – Unless otherwise approved by the Fire Department, dead end fire apparatus access roads shall not exceed (800 feet for Moderate Fire Hazard Severity Zone.) 1,320 feet. Secondary egress/access fire apparatus access roads shall provide independent egress/access from/to the area or as otherwise approved by the Fire Department. Secondary egress/access fire apparatus access roads shall be as remote as possible from the primary fire apparatus access road to reduce the possibility that both routes will be obstructed by a single emergency. Additional fire apparatus access roads based on the potential for impairment by vehicle congestion, condition of terrain, climatic conditions, anticipated magnitude of a potential incident, or other factors that could limit access may be required by the Fire Department.

Reference CFC as amended and Riverside County Fire Department Policies and Standards.

78. Fire Department Building Construction Plan Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews the plans.

These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Reference CFC as amended.

79. Fire Sprinkler System - All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. Reference CFC as amended.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 854 of 2236 41 80. Fire Alarm and Detection System - A water flow monitoring system and/or fire alarm system may be required as determined at time of building construction plan review. Reference CFC as amended.

81. Hazardous Vegetation and Fuel Management Plan - Projects in the Local Moderate Fire Hazard Severity Zones shall provide a Hazardous Vegetation and Fuel Management Plan to be reviewed and approved by the Fire Department. (A preliminary plan shall be provided to and approved by the Fire Department prior to any new parcel map recordation. A final plan shall be provided prior to grading permit clearances.) Reference CFC as amended.

82. Materials and Construction Methods for Exterior Wildfire Exposure - Projects in the Local Moderate Fire Hazard Severity Zones shall comply with Chapter 7A of the California Building Code and California Code of Regulations, Title 14 Fire Safety Regulations. Reference CFC as amended.

83. Bulk Storage/Use of Hazardous Materials and H Occupancies - A Hazardous Materials Technical Report shall be provided to and approved by the Fire Department. (A preliminary Hazardous Materials Technical Report shall be provided to and approved by the Fire Department prior to any new parcel map recordation).

84. 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.

85. Gate Access - All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. (Manual gates shall not be locked unless a Knox padlock or Knox Box containing the key to the lock is installed in an approved location on the approach side of the gate). A pedestrian gate, if used to provide access, shall be a minimum 3 feet wide and provided with a Knox Box/Padlock if locked.

Reference CFC as amended.

86. Emergency Responder Communication Coverage Systems - Projects that do not meet the exceptions set forth by the Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system.

Reference CFC as amended and Riverside County Fire Department Policies and Standards. Use the above statement only if the project does not meet the

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 855 of 2236 42 exceptions (two most common below): Buildings and structures that are three (3) stories or less, do not exceed 50,000 square feet in area on any single story, and do not have any complete or partial below grade building levels. Woodconstructed residential buildings and structures four (4) stories or less that do not have any complete or partial below grade building levels.

87. Fire Planning Review: This planning case will also be reviewed by the Riverside County Fire Department’s Fire Planning Division for the cumulative impact on the Fire Department’s ability to provide an acceptable level of service.

Additional requirements may be conditioned by Fire Planning to mitigate these impacts.

Public Works/Engineering Conditions
Prior to Final Map Approval:

88. 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.

89. 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

90. 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. Auto CAD & GIS Shape File for Final Tract Map
e. All back-up information for map references (easement documents, maps, etc.)

91. Final parcel map shall include:
a. Subdivision Improvement Agreement
b. Improvement Bonds

92. Applicant shall dedicate the required right-of-way as follows:
a. Highway 111: Dedicate only the right-of-way necessary to accommodate the existing SunLine bus stop shelter. Additionally, applicant shall dedicate any required Public Utility Easement(s) over any existing public utilities onsite.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 856 of 2236 43 b. Rubidoux Street: Dedicate the required right-of-way to provide an 11- foot-wide parkway.

93. 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 Rubidoux Street
Prior to Issuance of a Grading Permit:

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

95. 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.

96. Applicant shall submit PM10 (Dust Control) implementation plans for City approval. Also to South Coast Air Quality Management District (SCAQMD) for grading plans greater than 10 acres in size. For further information contact the:

South Coast Air Quality Management District (SCAQMD)
21865 Copley Drive
Diamond Bar, CA 91765
(800) CUT-SMOG (288-7664)

97. Applicant shall submit a Water Quality Management Plan for City approval prior to the issuance of any grading permit.

98. Applicant shall submit for City approval the following items:
a. Precise grading plans – shall include the street address for each lot and building foot print

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 857 of 2236 44 b. Soils report
c. Hydrology Report

99. 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. 100. 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.
101. Prior to the issuance of a grading permit or building permit, as applicable, the applicant shall demonstrate compliance with the approved Water Quality Management Plan (WQMP) and all applicable stormwater quality treatment requirements to the satisfaction of the City Engineer. All permanent stormwater quality treatment measures and associated improvements shall be installed and operational prior to the issuance of a Certificate of Occupancy, unless otherwise approved by the City Engineer.
102. 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.
103. All grading and pad elevations will be subject to approval of the Community Development Director (or their designee) and the City Engineer based on grading plans and additional information to be submitted during plan check.

Prior to the Issuance of a Certificate of Occupancy
Prior to issuance of a certificate of occupancy, the Applicant shall demonstrate full compliance with the following conditions of approval.
104. 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.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 858 of 2236 45 105. Applicant shall remove and replace the entirety of the two existing driveways on Rubidoux Street to meet current City and American with Disabilities Act (ADA) standard requirements.
106. Applicant shall install streetlights along the Rubidoux Street frontage per City of Indio Standard Plan Nos. 201, 202, 203, and 205.
107. Applicant shall construct fully irrigated and landscaped parkway improvements along the Highway 111 and Rubidoux Street frontages.

Landscaping improvements along the Rubidoux Street frontage between Highway 111 and Plaza Avenue shall maintain a consistent landscape design theme, plant palette, and streetscape appearance.
a. Final landscape design, irrigation, and parkway improvements shall be subject to review and approval by the Planning Division through the Final Landscape Application review process.
108. The corner cutback at the intersection of Highway 111 and Rubidoux Street shall be per City of Indio Standard Plan No. 143.
109. Applicant shall remove and replace any damaged or broken asphalt concrete pavement, concrete sidewalk and curb/gutter on Highway 111 and Rubidoux Street along the project’s property frontage.
110. Applicant shall obtain an encroachment permit prior to starting any street improvements within the public right-of-way.
111. The proposed project shall comply with American with Disabilities Act (ADA) requirements.
112. The minimum width for proposed private aisles shall be 24 feet and shall be in compliance with the Fire Department requirements.
113. 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 the issuance of a temporary or permanent certificate of occupancy for Phase II.
b. Rubidoux Street - shall be constructed and accepted by the City prior to the issuance of a temporary or permanent certificate of occupancy for Phase II, up to and including the access driveway closest to Highway 111. The remainder improvements up to and including the

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 859 of 2236 46 access driveway at Plaza Avenue shall be completed prior to issuance of any permits within Phase III. These improvements shall be guaranteed and included with the Subdivision Improvement Agreement and Improvement Bonds, until they are completed. 114. Addresses shall be shown on Precise Grading Plans. 115. All improvements shall comply with City standards, requirements, and policies. Applicant is required to construct all transition and missing links between existing and proposed improvements.

IID Conditions
116. The following conditions are imposed on behalf of IID, and they may be eliminated or amended by IID without the need for any further City approval. To be effective, any such elimination or amendment shall be in writing with a copy transmitted to the Public Works Director.
117. The project proponent will be required to provide and bear all costs associated with the 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's cost. 118. Public utility easements shall be dedicated over all private and public roads, and an additional ten (10) feet in width on both sides of the private and public roads shall be dedicated to IID for the construction, operation, and maintenance of its electrical infrastructure. IID reserves the right to require expansion of these easements based on the type of electric infrastructure to be installed. 119. 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 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.
120. The applicant will be required to provide rights of way 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.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 860 of 2236 47 121. Substations and switchyards shall be located on property that will be transferred to IID in fee simple ownership with legal access. 122. Approved design plans (Conduit Plan) are to be included with a Tract Map review.
123. Mylar maps to be submitted for processing only upon IID review and design (conduit) plan approval.
124. The proposed Grand Marketplace Phase II project will be conditioned to the addition of Transformer Banks #2 and #3 at Carreon Substation, extend one (1) new feeder from Carreon Substation to the proposed project site, and reconfiguration of existing circuits in the area.
125. 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.
126. The transformer bank addition is anticipated to be constructed under a costsharing 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 transformer bank addition, 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. 127. Developer is required to extend a minimum of one feeder (conduit and cable) from the substation site to the proposed project site. 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 Carreon Substation.
128. 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 the 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.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 861 of 2236 48 129. Developer will be required to install the necessary double conduit/vault systems following the Permanent Plan of Service and shall 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 Bank at Carreon Substation and the installation of additional substation switchgear for distribution getaways, distribution feeder breakers, backbone line extension and/or upgrades or 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. 130. Developer shall bear all costs associated with the construction of any additional facilities deemed necessary including, but not limited to, 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. 131. Any underground infrastructure required for additional facilities, 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 infrastructure 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.
132. 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 submits a Customer Service Proposal application and final design is completed.
133. Any new, relocated, modified or reconstructed IID facilities required for and by the project (which can include but is not limited to electrical utility substations, electrical transmission and distribution lines, etc.) need to be included as part of the project's California Environmental Quality Act and/or National Energy Policy Act documentation, environmental impact analysis and mitigation. Failure to do so will result in postponement of any construction and/or modification of IID facilities until the environmental documentation is amended and environmental impacts are fully mitigated. Any and all mitigation

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 862 of 2236 49 necessary as a result of the construction, relocation and/or upgrade of IID facilities is the responsibility of the project proponent. 134. Please take note, due to circumstances unknown to IID and unforeseen development, other projects could impact existing resources, which may affect IID's ability to serve this load if the project does not move forward to completion in a timely manner.

SECTION 5.The City Clerk shall certify the passage of approval and adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 16th day of September 2026 _____________________________

ELAINE HOLMES
MAYOR
ATTEST:

CITY CLERK
_______________________

SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 863 of 2236 1 RESOLUTION NO. 10608

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

CALIFORNIA, APPROVING CONDITIONAL USE PERMIT APPLICATION NO. PLAN-CUP-26-0010 TO AUTHORIZE THREE (3) DRIVE-THROUGH FACILITIES AS LIMITED LAND USES PURSUANT TO SECTION 3.14 OF THE HIGHWAY 111 CORRIDOR SPECIFIC PLAN, CONSISTING OF TWO (2) QUICK-SERVICE RESTAURANTS WITH DRIVE-THROUGH FACILITIES AND ONE (1) FINANCIAL INSTITUTION WITH A DRIVE-THROUGH

FACILITY, AS PART OF THE GRAND MARKETPLACE PHASE II PROJECT LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND
RUBIDOUX STREET (APNs 614-020-005, 614-020-008, 614-020-009, 614-020-011, 614-020-012, 614-020-015, 614-020-016, 614-020-021, 614-020-024, 614-020-027, 614-020-028, 614-030-002, AND 614-650- 007), AND DETERMINING THAT THE PROJECT IS WITHIN THE SCOPE

OF THE ENVIRONMENTAL ANALYSIS PREVIOUSLY PREPARED FOR THE CITY OF INDIO GENERAL PLAN 2040 PROGRAM ENVIRONMENTAL
IMPACT REPORT, STATE CLEARINGHOUSE NO. 2015081021, PURSUANT

TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15183.

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 adopted Resolution No. 10326 approving the Highway 111 Corridor Specific Plan and repealing the Central Highway 111 Corridor Specific Plan and Mixed Use Specific Plan 300 (MUSP300); and WHEREAS, on September 21, 2022, the City Council adopted Resolution No. 10325 making a finding of consistency with the certified General Plan 2040 Program Final Environmental Impact Report (PFEIR) for adoption of the Highway 111 Corridor Specific Plan; and
WHEREAS, on May 28, 2025, the Planning Commission adopted Resolution No. 2113 approving the Grand Marketplace Phase I project consisting of a multibuilding commercial retail and service development located at 82227 Highway 111 (APN 614-020-027), including associated circulation, parking, landscaping, and site improvements, and determined that the project was exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15332, 15162, and 15183; and
WHEREAS, on December 9, 2025, the Applicant submitted a Pre-Application Conference request for the proposed Grand Marketplace Phase II project; and WHEREAS, on January 22, 2026, City staff conducted a Pre-Application Conference with the Applicant to review the proposed project, applicable entitlement requirements, circulation, infrastructure improvements, and consistency with the Highway 111 Corridor Specific Plan; and

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 864 of 2236 2 WHEREAS, on March 16, 2026, Lynn Bremner of The Haagen Company, on behalf of the property owner, submitted applications for Planning Review Discretionary (PLAN-PRD-26-0025), Conditional Use Permit (PLAN-CUP-26-0010), and Tentative Tract Map No. 39527 (PLAN-TPM-26-0015) for the Grand Marketplace Phase II project located at the southwest corner of Highway 111 and Rubidoux Street; and
WHEREAS, Conditional Use Permit Application No. PLAN-CUP-26-0010 requests approval of three (3) drive-through facilities as Limited Land Uses pursuant to Section 3.14 of the Highway 111 Corridor Specific Plan, consisting of two (2) quick-service restaurants with drive-through facilities and one (1) financial institution with a drive-through facility; and
WHEREAS, the Project site consists of Assessor's Parcel Numbers 614-020- 028, 614-020-005, 614-020-016, 614-650-007, 614-020-027, 614-020-012, 614- 020-021, 614-020-011, 614-020-009, 614-020-008, 614-020-015, 614-020-024, and 614-030-002, located at the southwest corner of Highway 111 and Rubidoux Street within the City of Indio; and
WHEREAS, the Project site has a General Plan land use designation of Midtown (MT) Center and a zoning designation of Mixed-Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan; and
WHEREAS, the proposed Project is consistent with the City of Indio General Plan 2040 and the Highway 111 Corridor Specific Plan and is intended to further the continued redevelopment and revitalization of the Highway 111 Corridor through commercial reinvestment, coordinated site planning, enhanced architecture, landscaping, and pedestrian improvements; and
WHEREAS, the City of Indio, as Lead Agency, reviewed the proposed Project pursuant to the California Environmental Quality Act (CEQA) and determined that the Project satisfies the requirements of CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and no additional environmental review is required because the Project is consistent with the development density and applicable policies evaluated in the certified General Plan 2040 Program Environmental Impact Report; and
WHEREAS, in accordance with Government Code Section 65090, notice of the Planning Commission public hearing was published in The Desert Sun on July 29, 2026, and notices were mailed on July 23, 2026, to property owners within 500 feet of the Project site; and
WHEREAS, on August 12, 2026, the Planning Commission held a duly noticed public hearing to consider Conditional Use Permit Application No. PLANCUP-26-0010, during which all oral and written testimony, the staff report, and all other evidence were received and considered; and

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 865 of 2236 3 WHEREAS, following the close of the public hearing, the Planning Commission adopted Resolution No. 2144 recommending that the City Council approve Conditional Use Permit Application No. PLAN-CUP-26-0010, subject to the Conditions of Approval; and
WHEREAS, in accordance with Government Code Section 65090, notice of the City Council public hearing was published in The Desert Sun on August 31, 2026, and notices were mailed on August 27, 2026, to property owners within 500 feet of the Project site; and
WHEREAS, on September 16, 2026, the City Council held a duly noticed public hearing to consider Conditional Use Permit Application No. PLAN-CUP-26- 0010, during which all oral and written testimony, the staff report, the Planning Commission recommendation, and all other evidence were received and considered.

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

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

SECTION 2. Environmental Evaluation. Section 6.03.06 of the Unified Development Code provides that all “projects,” as defined by the California Environmental Quality Act (CEQA), shall be reviewed for compliance with CEQA and the CEQA Guidelines. The City of Indio, acting as Lead Agency, reviewed the proposed Project pursuant to CEQA and determined that the Project is consistent with the City of Indio General Plan 2040, the Highway 111 Corridor Specific Plan, and the Mixed-Use Corridor (MU-C) zoning designation. The Project is consistent with the development density, land use designation, and applicable policies for which the General Plan 2040 Program Environmental Impact Report, State Clearinghouse No. 2015081021, was previously certified. The City Council further finds that the proposed Project qualifies for streamlined environmental review pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning), and that no project-specific significant environmental effects have been identified that would require additional environmental review. Accordingly, no further environmental documentation is required.

SECTION 3. Conditional Use Permit Findings. Based upon the evidence presented at the duly noticed public hearing, including the staff report, project plans, exhibits, the Planning Commission recommendation, and all written and oral testimony received, the City Council hereby finds and determines that Conditional Use Permit Application No. PLAN-CUP-26-0010 complies with the required findings of the Highway 111 Corridor Specific Plan and the Unified Development Code, as follows:

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 866 of 2236 4 1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code.

The project site is designated Midtown (MT) in the General Plan 2040 and zoned Mixed-Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan.

Restaurant uses and financial institutions are permitted uses within the Mixed-Use Corridor (MU-C) zoning designation. Pursuant to Table 3.5-1 (Allowed Uses) and Section 3.14 (Limited Land Uses) of the Highway 111 Corridor Specific Plan, the proposed drive-through components associated with the two restaurant uses and the office-serving drive-through component associated with the proposed financial institution are classified as Limited Land Uses and require approval of a Conditional Use Permit by the City Council. All other applicable provisions of the Highway 111 Corridor Specific Plan, Unified Development Code, and Municipal Code have been addressed through this discretionary review and are subject to the recommended Conditions of Approval.

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

The proposed Project is consistent with the Midtown (MT) General Plan land use designation and the Highway 111 Corridor Specific Plan. The proposed restaurant uses and financial institution are permitted uses within the Mixed-Use Corridor (MUC) zoning designation. However, the proposed drive-through components are classified as Limited Land Uses under Section 3.14 of the Highway 111 Corridor Specific Plan and require approval of a Conditional Use Permit. The Project incorporates enhanced architectural design, coordinated landscaping, pedestrian connectivity, frontage improvements, and site planning that are consistent with the vision and design objectives of the Highway 111 Corridor Specific Plan. Approval of this Conditional Use Permit will authorize three Limited Land Uses within Subarea 18, resulting in the maximum allowance of four Limited Land Uses established by Table 3.14-1 of the Highway 111 Corridor Specific Plan being fully utilized.

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

The proposed Project consists of two restaurant uses with drive-through facilities and one financial institution with a drive through facility within the Grand Marketplace Phase II development. The project site is located within an established commercial corridor and is served by existing public streets, utilities, and emergency services. The proposed site plan provides adequate on-site vehicle circulation, pedestrian connectivity emergency vehicle access, parking, and loading areas to support the proposed uses. The Project has been reviewed by the applicable City departments and will be conditioned to comply with all applicable requirements relating to public improvements, stormwater management, landscaping, lighting, accessibility, and public safety. With the recommended Conditions of Approval, the proposed project will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 867 of 2236 5 4. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code.

The proposed restaurant uses with drive-through facilities and financial institution with an office-serving drive-through facility comply with the applicable development standards of the Highway 111 Corridor Specific Plan except where flexibility is expressly authorized through the Limited Land Use provisions of Section 3.14. The Project incorporates enhanced architectural design, coordinated landscaping, pedestrian amenities, parking lot screening, façade articulation, decorative pedestrian pathways, and frontage improvements consistent with the design objectives of the Highway 111 Corridor Specific Plan. The proposed Master Sign Plan has also been reviewed for consistency with the Highway 111 Corridor Specific Plan and Unified Development Code. Conditions of Approval have been incorporated to ensure continued compliance with all applicable development standards.

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

The proposed Project is located within the Grand Marketplace commercial center and is surrounded by existing commercial, retail, office, and vacant properties designated for future commercial and mixed-use development under the Highway 111 Corridor Specific Plan. The proposed restaurants and financial institution are consistent with the commercial character of the surrounding area and have been designed to complement future development through coordinated architecture, landscaping, pedestrian connectivity, and shared access. The Project supports the continued development of the Highway 111 corridor while remaining compatible with existing and reasonably foreseeable future land uses.

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

The project site is physically suitable for the proposed Project. The site is generally flat, is served by existing public infrastructure, and has adequate access from Highway 111 and Rubidoux Street. The proposed development provides sufficient parking, internal circulation, pedestrian access, utility services, and emergency vehicle access to accommodate the proposed restaurants and financial institution.

The Project has been designed to comply with the applicable parking, accessibility, landscaping, drainage, and utility requirements of the Highway 111 Corridor Specific Plan, Unified Development Code, and applicable building and fire codes.

Section 3.5.C Supporting Findings for Approved Land Uses For all uses requiring Administrative (AUP) or Planning Commission (CUP) approval, a review shall be conducted with the purpose of determining that each such proposed use will continue to be, compatible with surrounding, existing, or planned uses; and for the further purpose of establishing such special conditions as may be necessary to insure the harmonious integration and compatibility of such uses in the Downtown and surrounding area.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 868 of 2236 6 Section 3.5.C Supporting Findings for Approved Land Uses Required Findings for CUP Approvals
A. That the proposed use will not become a public nuisance, resulting in disturbances of the peace, illegal drug activity including sales or possession thereof, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, public urination, curfew violations, theft, assaults, batteries, acts of vandalism, illegal parking, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, lewd conduct, or frequent police detention, citations or arrests, or any other activity declared by the City to be a public nuisance determined by California law to be public nuisance.

The proposed Project consists of two quick-service restaurants and one financial institution, each with a drive-through facility, within the existing Grand Marketplace commercial center. The proposed uses are customary commercial activities and are not inherently associated with the nuisance activities identified in this finding. The Project has been designed with defined vehicular circulation, drive-through queuing areas, pedestrian pathways, parking, site lighting, landscaping, trash enclosures, and building entrances intended to support safe and orderly operation.

The commercial center and individual operators will remain responsible for maintaining the buildings, parking areas, drive-through lanes, landscaping, sidewalks, and other common areas in a clean and orderly condition. Compliance with the applicable conditions of approval, City regulations, business-license requirements, noise standards, property-maintenance requirements, and publicsafety regulations will be required throughout operation of the Project. Accordingly, the proposed uses are not anticipated to result in disturbances of the peace, illegal activities, excessive littering, unlawful parking, vandalism, or other conditions constituting a public nuisance.
i. That the proposed use will not generate noise, light, glare, dust, noxious odors or other similar adverse effects on surrounding uses. For the purposes of this requirement, “surrounding uses” shall include occupants of neighboring buildings, occupants of other floors within the same building, and pedestrians passing along the sidewalk in front of the subject property.

The proposed uses are located within an established commercial center and are separated from surrounding properties by parking areas, drive aisles, landscaped setbacks, public streets, and existing commercial development. Potential operational noise will primarily consist of vehicle movements, drive-through ordering equipment, mechanical equipment, and ordinary restaurant and financialinstitution activity. The Project is required to comply with the City’s applicable noise

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 869 of 2236 7 standards, and drive-through speakers and other equipment must be installed and operated so that noise does not create an adverse effect on surrounding uses.

The Project includes shielded site lighting and building-mounted lighting designed to provide visibility for customers and employees while limiting light spill and glare onto adjoining properties and public rights-of-way. Rooftop mechanical equipment will be screened, and restaurant exhaust and mechanical systems will be subject to applicable building, mechanical, and air-quality requirements. Construction-related dust and noise will be temporary and regulated through applicable City requirements and conditions of approval. With implementation of these requirements, the Project is not anticipated to generate excessive noise, light, glare, dust, noxious odors, or similar adverse effects. ii. By the design and construction of buildings and by hours of operation of the subject use, noise that would be disruptive to residents of dwellings beside or above the proposed use shall not be permitted between the hours of 11:00 P.M. and 7:00 A.M.

No residential dwelling units are located within, beside, or above the proposed commercial buildings. The Project consists of detached, single-story commercial pad buildings within the existing Grand Marketplace commercial center. The building design, separation from residential uses, placement of drive-through lanes, and intervening commercial development reduce the potential for nighttime operational noise to affect residential properties. All uses will remain subject to the City’s applicable noise standards and conditions of approval during all hours of operation, including the period between 11:00 p.m. and 7:00 a.m. Therefore, the proposed uses are not anticipated to create disruptive nighttime noise affecting residential dwellings.

B. That the proposed use will not generate access and parking requirements in excess of those provided for Section 3.12.

The proposed Project provides off-street parking, drive-through queuing, loading areas, pedestrian circulation, and vehicular access designed to serve the two quickservice restaurants and financial institution in accordance with Section 3.12 of the Highway 111 Corridor Specific Plan. The site plan provides designated drivethrough lanes and vehicle-stacking areas for each building, separate from the primary drive aisles and parking spaces, to reduce interference with on-site circulation. Access is provided through the existing Grand Marketplace circulation system and existing connections to Highway 111 and Rubidoux Street.

The proposed parking meets parking requirements of the specific plan and drivethrough stacking have been evaluated as part of the Planning Review and Conditional Use Permit applications. Compliance with the applicable parking, loading, accessible-parking, bicycle-parking, and drive-through queuing requirements will be required through the approved plans and conditions of

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 870 of 2236 8 approval. Accordingly, the proposed uses are not anticipated to generate access or parking demands in excess of the facilities provided pursuant to Section 3.12.

C. That perceived privacy and/or security requirements of the proposed use will not lead building users to maintain rarely opened opaque window coverings on street-facing windows, nor to routinely utilize rear or side entries rather than street-facing front doors as the primary means of access and egress to the building.

The proposed buildings are designed as publicly accessible commercial establishments and do not require the level of privacy or security that would ordinarily result in permanently covered storefront windows. The building elevations incorporate substantial storefront glazing along the customer-facing elevations, allowing visibility between the building interiors and adjacent pedestrian areas. The proposed financial institution and restaurant uses are expected to maintain open and visible customer areas during operating hours, subject to limited window coverings that may be necessary for glare control, energy efficiency, or operational purposes.

Primary customer entrances are located on prominent, publicly accessible building elevations connected to the Project’s pedestrian pathways and parking areas. Rear and side doors are intended principally for employee, service, emergency, or delivery access and are not designed to replace the primary customer entrances.

Accordingly, the proposed uses are not anticipated to result in routinely obscured storefront windows or reliance upon secondary entrances as the primary means of public access.

D. That the ground floor rooms adjacent to the street frontage will be occupied during much of the day and occupied and/or lighted during most evenings.

The Project consists of three single-story commercial buildings containing customer-service, dining, lobby, waiting, and related operational areas at the ground floor. The proposed quick-service restaurants are expected to operate during daytime and evening hours, and their dining and customer-service areas will remain occupied and illuminated during operating hours. The financial institution will primarily operate during daytime business hours, while its storefront, lobby, exterior lighting, and other applicable building areas may remain illuminated during portions of the evening for security, visibility, and site identification. i. For all retail, restaurant and indoor recreational uses, display windows shall not “wall off” views into retail interior spaces, and the interiors of dining rooms and activity rooms shall be clearly visible to passing pedestrians.

The two quick-service restaurant buildings incorporate storefront glazing along the customer-facing elevations, including glazing adjacent to dining and customerPage 87 of 223 AGENDA ITEM #12.1 Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 871 of 2236 9 service areas. The glazing is intended to preserve views into active interior spaces and will not be designed or operated as an opaque display wall that prevents visual connection between the building interiors and adjacent pedestrian areas. Covered outdoor dining patios, architectural canopies, customer entrances, and pedestrian pathways further support activity and visibility around the restaurant buildings. ii. For office uses, front rooms should include lobbies, waiting areas, and office spaces in which window blinds are typically open.

The proposed financial institution includes publicly accessible customer service, lobby, and waiting areas along its customer-facing elevations. Storefront glazing will provide visibility into these active ground-floor spaces during operating hours.

Any window coverings installed for glare control, privacy, or security will not be maintained in a manner that permanently obscures the primary customer-facing frontage. The Project therefore provides active and visible front rooms consistent with the intent of this finding.
iii. For residential uses, units should be configured such that public realm-facing rooms include living rooms and dining rooms, and should not include bathrooms, closets and other uninhabited spaces.

This finding is not applicable. The proposed Project does not include residential dwelling units.

SECTION 4. Approval. Based upon the foregoing findings and the evidence presented at the public hearing, the City Council of the City of Indio hereby APPROVES Conditional Use Permit Application No. PLAN-CUP-26-0010 for the Grand Marketplace Phase II Project, subject to the Conditions of Approval attached hereto and incorporated herein by this reference. The Applicant shall demonstrate compliance with all Conditions of Approval contained in this Resolution. Failure to comply with the Conditions of Approval may result in delays to project implementation, revocation of permits, or other enforcement actions authorized by the City of Indio Municipal Code and other applicable laws. Wherever the term “Applicant” is used in the Conditions of Approval, it shall also include the property owner, developer, and any successor in interest. It shall be the responsibility of the Applicant and any successor in interest to comply fully with all Conditions of Approval unless modified through the City’s established procedures.

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 872 of 2236 10 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 Conditional Use Permit (Case File No. PLAN-CUP-26-0010) 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 Conditional Use Permit 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

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 873 of 2236 11 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. Applicant shall comply with all applicable Conditions of Approval contained within Planning Commission Resolution Nos. 2143, 2144, and 2145 and the corresponding City Council Resolution Nos. XXXXX, XXXXX, and XXXXX. Each approval is a companion entitlement for the Grand Marketplace Phase II Project, and compliance with the Conditions of Approval contained in one approval shall not relieve the Applicant from complying with the Conditions of Approval contained in the remaining companion approvals. Compliance with all applicable Conditions of Approval shall be required for the implementation, construction, and operation of the approved Project.

6. The approvals associated with Planning Commission Resolution Nos. 2143, 2144, and 2145 and City Council Resolution Nos. XXXXX, XXXXX, and XXXXX are limited to the improvements, uses, buildings, site design, Master Sign Plan, and other development components identified as Grand Marketplace Phase II in the approved plans. Any development identified as Phase III, or any other future development not expressly included within the Phase II approvals, shall require the submittal and approval of all applicable entitlement applications and environmental review prior to development.

7. Within thirty (30) calendar days following approval of the Project, the Applicant shall submit written acceptance of all Conditions of Approval associated with Planning Commission Resolution Nos. 2143, 2144, and 2145 and City Council Resolution Nos. XXXXX, XXXXX, and XXXXX to the Community Development

Resolution Nos. 10607, 10608, and 10609, Recommendation from the Plannin... Page 874 of 2236 12 Director or Project Planner. Failure to submit written acceptance within the required time frame may render the Project approvals null and void.

8. 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.

9. 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.

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

11. Compliance with all applicable Conditions of Approval contained within Resolution Nos. 2143, 2144, and 2145 shall be required for the implementation and operation of the approved project.

12. This approval authorizes the operation of three drive-through facilities, including two quick serve restaurants and one financial institution, in substantial conformance with the approved site plans, architectural elevations and operational characteristics reviewed under this approval.

13. Drive-through facilities shall maintain all required on-site vehicle stacking distances, circulation aisles, and access improvements identified on the approved plans at all times.

14. Drive-through speaker systems shall be designed, located, and operated in a manner that minimizes noise impacts on adjacent properties and surrounding uses.

15. Any future intensification or material modification to the approved drivethrough operations, circulation design, or site functionality, as determined by the Community Development Director or their designee, may require additional entitlement review and approval.

16. Pursuant to the Limited Land Use provisions of the Highway 111 Corridor Specific Plan applicable to Subarea 18, approval of this project shall exhaust the maximum allowance of four (4) Limited Land Use approvals permitted within the subarea. The approvals consist of the following;
a. One (1) Commercial Use approved under Grand Marketplace Phase I for Planning Commission Approved Resolution 2113.