Indio City Council
October 7, 2026

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166 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 167 A sequence of courts and passages can create a non-vehicular connection into or through blocks and larger sites.

This court functions as a outdoor room while providing access to multiple buildings and units. It is linked to the public realm via a passage.

A passage can pass through the ground floor of a building to provide access from the public realm to a private courtyard. b. Frontage. The standards and guidelines in Section 3.10, Façades & Frontages section shall be applied to the
facades which define and front these spaces, including
frequent points of building access and clear, ample
fenestration.
c. Activation. Semi-public spaces may allow public access or they may limit access to residents to create a more
private space. However, these spaces are not intended
to be fully private, which means that they shall remain visible from the public realm, and activate the public
realm via the regular coming and going of residents
and visitors.
d. Connectivity. Public realm extensions also provide
connections through blocks. This is accomplished
with a paseo or through a sequence of courts and
paseos linking together through the block. Where
non-vehicular paths are used to meet connectivity
requirements (see Section 3.7), full and unrestricted
public access shall be provided through the route.
e. Amenities. Public realm extensions also double as
amenity space, and they should be designed and
furnished as such. They can serve as spaces for
gathering, play, and can include fountains and other
amenities.
f. Design. The size, configuration, and character of
these spaces shall prioritize pedestrian comfort. The
spaces and connections which comprise a Public
Realm Extension are subject to Section 3.13.G and the
following:
i. Public Realm Extensions shall connect directly to the public sidewalk. Any necessary steps, ramps, and/
or elevators to connect them shall be easy to locate
and comfortable to use. Apart from steps and ramps,
surfaces used by pedestrians shall be flat.
ii. Decorative and/or permeable pavement is
encouraged.
iii. Landscaping, pedestrian-scale lighting, and seating areas are encouraged.
iv. Public Realm Extensions may be enclosed from the
public realm with landscaping, low walls, and/or
fences, provided that entrances are provided.
v. On-site driving and parking areas shall either be
designed as shared, multi-use spaces or be kept
separate with strategic siting of buildings and/or
landscaping.

2. Public Realm Extensions. While most buildings and
ground-floor units will front onto and take their primary access from the adjacent Public Realm right-of-way, some buildings and ground-floor units may take this primary
access from shared private spaces and connections that
function as extensions of the public realm into a site. These are identified in Table 3.6-2 as comprising the “Semi-Public Realm” and they serve as transitions between fully-public and fully-private spaces. Public Realm Extensions are subject to the following standards:
a. Continuous Access Route. A Public Realm Extension
may comprise a single space or connection type, or
it may be a sequence of spaces and connections. In
either case, Public Realm Extensions shall connect
directly to the public realm.
i. The route from the public realm, through a Public
Realm Extension, to a building’s primary access shall
be clear and continuous and may not exceed 200
feet.
ii. A space which is ‘floating’ within a block—such as an internal court which is not linked via other shared
spaces or connections to the public realm—shall not
provide the sole frontage to a primary building.

Forecourts abut and receive
direct access from the public
right of way. A parking court,
when designed properly, can also
function as a forecourt (See Section

3.12.D.3.a).

Internal Courts are accessed
from the public right-of-way via a
shared private connection such as
a Passage.

Paseos, passages, and side
yards abut and receive direct
access from the public right of
way. Paseos connect through
blocks, creating a non-vehicular
link between public rights of way.

Figure 3.8-2
Public Realm Extensions: Semi-Public Spaces and Connections Provides
Frontage
Public Realm
Public
Connection
Section 3.7
Street X
Carless Street X
Mid-Block Paseo X
Public
Open Space
Section 3.7
Plaza / Green X
Neighborhood Park X
Mini Park X
Close X
Semi-Public Realm
Shared Private
Connection
Section 3.14
Passage X
Any secured version
of the Public
Connections listed
above
X
Shared Private
Open Space
Section 3.14
Forecourt X
Internal Court X
Any secured version
of the Public Open
Spaces listed above
X
Types which Provide Frontage
(from Table 3.6-2)

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168 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 169 Table 3.9-1 Building Element Height
D
E
15’
C
A
B
F Property Line
Private
Frontage Street Façade
D
E
15’
C
A
B
F Property Line
Private
Frontage Street Façade
Table 3.9-1 Building Element Height
Figure 3.9-1 Building Height

3.9 | Building Height

1. Intent
This Section regulates various aspects of building height and vertical proportions, including maximum height, floor to floor height, and upper floor set backs, ground-floor / “building base” proportions, etc. to ensure buildings are appropriately-scaled to their location and to their context.

2. Applicability
The standards of this section apply to all new buildings within the Specific Plan area. Minor exceptions to the standards herein may be allowed for Limited Uses, Section 3.14.

The following height standards apply to all new buildings within the plan area (see Figure 3.4.1):

1. Building height and upper floor stepbacks shall conform to the standards of Table 3.9-1.

2. Zone Transitions: Buildings located on parcels located adjacent to another zone shall not exceed the allowed
height of the neighboring zone by more than one story for a distance of 100 feet from the boundary of the neighboring zone, whether the boundary abuts, is located directly
across a street from, or directly across an alley from the subject parcels.

3. Except for retail-ready ground floors (Section 3.10.C.4.b) and accessible ground floors, the heights of residential ground floors shall be governed by the requirements of
Table 3.10-5, Ground Floor Height above Sidewalk.

Building Base—Highlighted in blue below are the bases of buildings.

Building base heights are regulated in Table 3.9-1.

The upper floor of this mixed-use building is covered by a loggia, outlined in white above.

3.9.A. Introduction

3.9.B. Standards

4. The building base shall be measured from the sidewalk grade to the (lower) cornice, string course, or horizontal plane break. In absence of these elements, the mid-point between the topmost point of the first-floor openings and the lowermost point of the second-floor openings shall
serve as an upper reference point.

5. The upper floor setback area may be covered by an open structure—such as a trellis or upper floor loggia, shown below—with a front façade that is no more than 10% solid, excluding any parapet wall height.

6. Ground floor residential units in the Mixed-Use Corridor Zone (allowed outside the Shopfront Overlay subject to
an Administrative Use Permit and the provisions of the
Retail-Ready Private Frontage Type (Section 3.10.C.4.b), shall be 12 feet tall, floor to ceiling, and designed so that future compliance with the Americans with Disabilities Act of 1990 (ADA) for commercial use is not precluded.

7. Chimneys, elevator penthouses, and properly screened mechanical vents, HVAC equipment, and solar panels
may exceed the height limit as allowed by the California Building Code.

8. Architectural elements,such as spires, steeples, or roof lanterns, may exceed the height limit, subject to design review and Director approval.

9. Pitched roofs shall be symmetrical, and sloped no less than 4:12. Roofs for porches and other attached shed roofs shall be sloped no less than 2:12. Gables facing the public realm shall not exceed 30 feet in width.

Table 3.9-1 Building Element Height
Element Mixed-Use Corridor
Zone
Neighborhood
General Neighborhood Low
Minimum Number of Stories 3 stories1 N/A N/A
Maximum Number of Stories
A Street Façade
2 to 4 stories;
30% of the length of the
façade can be built up
to 6 stories (max)
4 stories (max)
B Upper Floors which are set back from the
street façade a minimum of 15 feet 6 stories (max) 4 stories (max) C Finished Floor Height (max - measured from adjacent sidewalk grade) Non-Residential2 4 feet (See also Ground Floor Residential, Section 3.10.C.4.d) Residential2 4 feet (See also Ground Floor Residential, Section 3.10.C.4.d) Floor Heights (min - measured from floor to ceiling)
D Ground Floor 12 feet 8 feet
E Upper Floor 8 feet
F Building Base Height (min - measured from adjacent sidewalk grade) Base on Buildings of 1 or 2 stories N/A 10 feet 12 feet Base on Buildings of 3 or 4 stories 16 feet
Base on Buildings of 5 stories or more 25 feet
Notes

1. Exception: Buildings in Subareas 25-27 shall be allowed to be a minimum of 2 stories.

2. See Section 3.10.C.4 for variations

CHAPTER 3 | THE CODE
170 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 171 This example shows many of the techniques listed in Table 3.10-1 used to create different massing increments within a long façade of a large development. Creating unique façade compositions are crucial towards encouraging activity and making the pedestrian environment feel special.

Table 3.10-1 Massing Increment Standards

3.10 | Façades and Frontages
A

1. Intent
The standards in this section are intended to ensure that largescale (“block-form”) buildings, are modulated into smaller “human-scale” increments and composition. Such designs will not only generate more dynamic and interesting streetscapes, but will also result in more resilient buildings that are adaptable over time to meet the varied needs of different tenants and uses.

2. Applicability
New buildings with primary building façades exceeding the length listed under Applicability in Table 3.10-1, which varies by zone, shall be divided into smaller ‘Massing Increments’ with maximum lengths in accordance with Table 3.10-1.

This ensemble of shopfronts, upper floor windows, and slight building height variation, is often thought of as separate buildings by passersby. They are actually part of a single building with carefully articulated massing increments.

C
B B
AVOID: Despite the minor undulation of the facade, the continuous curtain wall cladding results in monotonous building.

The height difference of these cornices accentuate the separate identities of these massing increments.

3.10.A. Building Massing
a. Massing Increments are visually discrete design
compositions that are:
i. Distinguishable from each other.
ii. Have a coherent look and character from the ground
to the top of the façade.
b. If a building is less than the length identified under Applicability in Table 3.10-1, its façade does not need to be broken into multiple Massing Increments.
c. New detached single family houses shall be subject to Section 2.03.05.E of the Unified Development Code.
d. Minor exceptions to the standards may be allowed for Limited Uses, as defined in Section 3.14.

Standards Mixed-Use Corridor Neighborhood
General Neighborhood Low
Applicability
Façade length beyond which the Massing Increment
standards below become applicable
For façades longer
than 100’
For façades longer
than 80’
N/A; See maximum
building lengths in
Table 3.8-1 Building
Placement
Massing Increment (max.) 100’ 60’ N/A
Façade height difference between Massing
increments (min.)
10% of lesser façade
height N/A
Upper floors setback (min.)
Distance set back from the primary façade 10’ 10’ N/A
Bay width 15’–30’ (see Section 3.10.B.2 for bay
standards) N/A
Gap between Massing Increments (min.) 10’ wide by 10’ deep 16’ wide by 20’ deep N/A B
C
D
E
F
A
E
F
F
C
B
B
B
D

CHAPTER 3 | THE CODE
172 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 173 Street
B
B
B
G
G
Example: These Gaps between Massing Increments provide vehicular and pedestrian access into the block.

Width of Gap
Depth of
Gap
G
Example: This Gap between Massing Increments serves
as a small forecourt, surrounded on all sides by building.

Property Line
Property
Buildable Area
Building Footprint
Gap between Massing Increments
(See Table 3.10–1 for dimensions)
Massing Increment (See Table 3.10–1 for
dimensions) B
F
Width of
Gap
Depth of Gap
Rear of Lot
Street
Side of Lot
Side of Lot
B B B
F F

4. Neighborhood General Standards. The Massing Increments for buildings within the Neighborhood General Zone shall be differentiated in the following ways:
iv. Variations in the presence or arrangement of
architectural elements such as projecting balconies,
recessed balconies, trellises, chimneys, and awnings.
v. Setting the entire facade increment back a minimum
of two (2) feet.
vi. Use of pitched roofs.
d. Gaps between massing increments may—but are not
required to—serve as entries to paseos, courts, side
yards, or any other on-site open space, subject to the
requirements of Section 3.13.G. Gaps may also serve as
small courts or yards and be surrounded on all sides
by frontages, subject to the requirements of Section

3.13.G.

Figure 3.10-1 Neighborhood Zones: Building Massing
a. Massing Increments shall be separated by a gap (F) of no less than 16’ wide by 20’ deep, per Figure 3.10-1.
b. A massing increment design may be repeated a
maximum of 3 times (max.) on the same project
elevation. Repeated massing increments may not
be immediately adjacent to each other; they shall be
separated by a distinct massing increment.
c. Massing increments shall be differentiated from one
another though the use of at least three (3) of the
following architectural strategies:
i. Use of different façade materials or colors.
ii. Use of different window types/configurations.
iii. Variations in the use of frontage types.

D
C
B
B
Upper Floors Set Back—The upper level of the left portion of the building is set back (D) in order to create an adequate difference in façade height (C) between the two Massing Increments (B).

3. Mixed-Use Corridor Zone Standards. The massing
increments for buildings within the Mixed-Use Corridor
Zone are subject to the following standards:
a. Façade elements—such as openings and balconies shall not overlap the division between massing increments.

The entire façade composition of each individual
massing increment shall be contained within each
massing increment.
b. A massing increment design may be repeated a
maximum of 3 times (max.) on the same project
elevation. Repeated massing increments may not
be immediately adjacent to each other; they shall be
separated by a distinct massing increment.
c. Massing increments within the Mixed-Use Corridor
Zone shall be differentiated as follows:
i. Difference in façade height: the façade height of each massing increment—as measured from the adjacent
sidewalk level to the eave, cornice, or parapet—shall
differ from the façade height of its neighboring
massing increment(s) per Table 3.10-1.
d. Individual massing increments shall be further
differentiated from one another though the use of at
least three (3) of the following architectural strategies:
i. Variation in height of building base.
ii. Use of different façade materials or colors.
iii. Use of different window types/configurations.
iv. Variations in the use of frontage types.
v. Variations in the presence or arrangement of
architectural elements such as projecting balconies,
recessed balconies, trellises, chimneys, and awnings.
vi. Setting the entire facade increment back a minimum
of two (2) feet.
vii. Stepping back the upper floor of the increment per the distance listed in of Table 3.10-1. The resulting
setback area may be covered by an open structure—
such as a trellis or upper floor arcade—with a front
façade that is no more than 10% solid, excluding any
parapet wall height (Illustrated in Figure 3.9-1)
viii. Incorporation of a corner tower that accommodates occupiable space in the form of either another floor
or as a double-height space.
e. Façade Gap: massing Increments in this zone may be
separated by a gap (F) of no less than 10’ wide by 10’
deep, per Table 3.10-1.

B B B
Upper-Level forecourt—All upper floors above the building base are set back to create an upper-level forecourt which creates an adequate differentiation between Massing Increments (B).

3.10 | Façades and Frontages (cont.)

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174 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 175 Table 3.10-2 Fenestration Area
70–95%
Figure 3.10-2 Applying the Fenestration Standards
Each portion of the façade grid must meet the applicable fenestration requirement. This example displays Mixed-Use Corridor Zone requirements.
(b) In addition, for buildings that are at least six (6) stories tall, the entire upper floor may be differentiated with a change in material, color, and/ or window fenestration
type/layout.

3. Façade Fenestration Standards
a. Fenestration area.
i. Façades shall be designed to incorporate fenestration (windows and doors) per the amounts identified in
Table 3.10–2.
ii. The fenestration amount shall be calculated as the
total percentage of windows and door area on the
façade—to the area of the façade. Each portion of the
façade grid, as defined in the Section 3.10.B.2, shall
have a fenestration percentage which falls within
the range identified in Table 3.10–2 and illustrated in Figure 3.10-2.
iii. Per Table 3.10–2, the required fenestration amount varies by Zone and by floor level.
iv. The ground floor façade area is determined by
multiplying the ground floor height (as shown in
Figure 3.9-1), by the façade or massing increment
width.
b. General to all floors:
i. Except for shopfront or bay windows, all glass shall be set back a minimum of four (4) inches back from
the façade plane.
ii. Windows shall have an external reflectance of less
than 15%, and a transparency higher than 80%.

Opaque windows are prohibited.
iii. Non-operable shutters—known as ‘faux shutters’—
are prohibited.
iv. The horizontal distance between wall openings
shall not exceed 15 feet within a façade or massing
increment.
c. Specific to ground floors in the Mixed-Use Corridor:
i. Structural elements shall be visible on the facade
exterior in order to visually convey that the upper
floors are supported, especially for ground floor
façades with over 90% glass (to avoid the illusion that the upper floors are resting on a glass box.
ii. Bedroom and bathroom windows along any new or
existing street are prohibited.
iii. Display windows which block views into interior
spaces may only comprise up to 25% of the required
fenestration area.
iv. Ground floor window sills shall be no more than six (6) feet above the grade of the sidewalk.
d. Specific to ground floors in the Neighborhood Zones:
i. Bedroom and bathroom windows are allowed on the
ground floor façade, but frosted glass must be used
below 6’ in height measured from the level of the
sidewalk and their window sills must be 3’ min. above
ground level.
e. Specific to all upper floors:
i. Wall openings should generally not span across stories (vertically) or bays (horizontally).
ii. Upper-floor wall openings shall be square or taller than they are wide. Individual vertically oriented windows
can be grouped side by side to form a horizontal
ensemble of windows.

Upper Floors Ground Floor
15–70%
Second floor finished floor
BASE
MIDDLE
TOP

1. Intent & Applicability
The standards in this section are intended to generate active, attractive, and human-scaled façade compositions based on timeless building traditions and proportions.

2. Façade Composition Standards
a. Façade Grid. The openings of each individual façade or massing increment—as required per Section 3.10.A.2—
shall be organized into a grid as follows:
i. Horizontal alignment of elements. Rooflines,
openings, and materials within each façade or
massing increment shall be aligned horizontally, and
be consistent in style across the entire width.
ii. Vertical Bays. The entirety of a building’s façade
or massing increment shall be clearly divided into
vertical bays, subject to the following standards:
(a) Façade bays shall extend from the ground to the top of the façade.
(b) Each bay shall be between 15’ and 30’ wide.
(c) Openings shall be stacked and arranged symmetrically within bays as illustrated below.
b. Multi-story building facades shall be designed to
include a base, middle, and top.
i. The building base consists of the entire ground floor facade. The base shall be differentiated from the rest
of the facade through the provision of a minimum of
two (2) of the following strategies:
(a) Provide a string course at the top of the first story; (b) Specify materials different from rest of facade;
(c) Specify colors different from rest of facade;
(d) Provide a ground floor Arcade or Gallery per Section

3.10.D, Projecting Architectural Elements.
ii. The middle of the building consists of the facade of all floors located above the base and shall be designed as
follows:
(a) Windows shall be organized in bays per the requirements of Section 3.10.B.3, Façade Fenestration Standards.
(b) If provided, attached architectural elements such as balconies, bay windows, and projecting rooms, shall
be designed per the requirements of Section 3.10.D,
Projecting Architectural Elements.
iii. The top of the building consists of the architectural elements that define the upper limits of the building and shall be designed as follows:
(a) The top of the building facade shall incorporate capping elements, such as a cornice, enhanced ornamentation,
or a decorative parapet.

3.10.B. Façade Design

3.10 | Façades and Frontages (cont.)
Façade
Area
Mixed-Use
Corridor
Neighborhood
General
Neighborhood
Low
Ground
Floor 70% - 95% 50% - 70% 35% - 70%
Upper
Floors 15% - 70% 15% - 50%
Façades organized by a grid: of floors and bays. Each bay in this example features a shopfront on the ground floor with 1 or 2 columns of upper floor windows stacked above. This pattern is especially appropriate for the Mixed-Use Corridor Zone.

Bay
Massing Increment Massing Increment
Tower
Massing Increment

CHAPTER 3 | THE CODE
176 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 177 This parking structure has the same bay and opening rhythm of a loft or office building, creating a façade that doesn’t detract from the street in front of it.

This example also has ground floor commercial screening parking behind it, but is particularly striking at night, becoming a notable landmark in the community.

Creative applications of certain materials can turn a
concrete box into a glowing sculpture.

5. Parking Structure Façades
a. Parking structure facades shall be designed to fit into the urban context in one of the two following ways:
i. Facades that look similar to other mixed-use
buildings with designs that meet the standards of
Sections 3.10.B.2 and 3.
ii. Facades designed as art walls, murals, or screens
that incorporate decorative, graphic, or sculptural
elements, subject to the approval of the Director,
upon submission of the following Required Findings:
(a) Facade design theme, materials and aesthetic
compliment and enhance the intended unified
streetscape aesthetic of the 111 Corridor, as defined
by this Specific Plan.
(b) Facade design is unique and iconic, using durable,
element-resistant, materials and techniques.
b. Ground floor façade. Per Standard 3.12, structured
ground floor parking shall be set behind at least 30
feet of occupiable ground floor liner space. Vehicular
entries are subject to the standards of Section

3.10.C.4.e.

At least visually, these townhouses use heavier masonry below lighter wood paneling material.

This example uses smooth material finishes, especially at the shopfronts where the most pedestrian interactions occur.

Materials and design are consistent within each Building Increment.

A simple palette of materials across multiple storefronts does not need to feel boring as long as they are well composed.

4. Façade Materials
a. Fiberglass or plastic (false) architectural elements or ornamentations are prohibited.
b. Materials used on shopfronts shall be smooth and nonabrasive to touch. c. Rough-cast and sand-finishes are prohibited on all
building surfaces that are visible from a street.
d. Where more than one material is used for the façade, the heavier material shall be used below the lighter
material (e.g. brick below siding, not vice versa).
e. Modulations, color schemes, balconies, and other
façade elements shall be consistent within an individual façade or within an individual Building Increment, when required per Section 3.10.A.2.

3.10 | Façades and Frontages (cont.)

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178 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 179

3. General Standards
The entire ground floor façade of buildings, additions, or facade renovations facing a public street or public open space shall consist of the private frontage types described in this section and shall be designed in accordance with Sections 3.10.A and B (Building Massing and Façade Design).
a. Private frontages are defined as the ground floor
building façade and the area between that façade
and any property line along a street or public open
space. This area serves as the transition and interface between the building interior and street environment.

Table 3.10-3 identifies six Private Frontage Types that apply to new development within the Plan Area. These
six types are regulated by zone and may be used in
combination with applicable projecting architectural
elements as described in Section 3.10.D.
b. Alleys. The facades of ground-floor alley-facing spaces that contain principal residential rooms (i.e, living
rooms and /or dining rooms) and principal retail and
office spaces (i.e., not storage, restrooms, or other
ancillary uses) shall provide appropriate private
frontage types per Table 3.10-3.

Table 3.10-4 Frequency of Building Entries by Zone
Frontage Type See
Section:

Mixed-Use Corridor

NG & NL
Zones
Within
Mixed-Use
Center
Overlay1
Outside
Mixed-Use
Center
Overlay
Ground Floor Retail 3.10.C.4.a Yes Yes Yes
Ground Floor Retail Ready 3.10.C.4.b No Yes Yes
Ground Floor Residential 3.10.C.4.c No No Yes
Ground Floor Office 3.10.C.4.d Yes Yes Yes
Vehicular Access 3.10.C.4.e No Yes2 Yes
Table 3.10-3 Allowed Private Frontage Types by Zone
Notes

1. Applied per Section 3.4.

2. A project façade in the
Mixed-Use Corridor Zone
shall have no more than
one Vehicular Access.

Vehicular Access is
prohibited along Highway
111.
c. Building Access. A key role of private frontages is to provide access from the public realm into the building.

The following standards apply:
i. All buildings shall provide pedestrian access from
the sidewalk or from private on-site open space that
directly connects to a public sidewalk via the required building entry elements described in Section 3.8.B.2.
ii. Frequency of Pedestrian Entries. To promote active
sidewalks, buildings shall provide pedestrian entries
per the frequencies listed in Table 3.10-4, below.

4. Standards by Frontage Type. All buildings shall
provide at least one of the first five private frontage types listed in Table 3.10-3. Buildings with access to a parking garage from a street shall design the access per the
“Vehicular Access” private frontage type listed in Table

3.10-3, subject to the requirements of the applicable zone.

Design standards for the private frontage types listed in Table 3.10-3 are provided on the following pages.

Public Frontage
R.O.W.

Building
Setback

1. Intent
The Highway 111 Corridor is to be an active, pedestrianoriented urban environment that is comfortable, safe, and easy to navigate by foot, bicycle, or any mode of vehicular transit. As such, careful attention must be given to the way that buildings shape and front Indio’s network of public streets, paseos, and open spaces—also known as the “Public Realm.” The space between the travel lanes of a street and the building, and including the building’s ground floor façade, is defined as “frontage.” In order to create a high-quality urban environment, the design of that frontage must be calibrated to the groundfloor use of the adjacent buildings and to the unified Corridor character envisioned in this Plan. Frontages must be designed to provide an appropriate degree of privacy or transparency relative to the needs of the public-facing ground-floor use.

Commercial shops and spaces rely on more exposure for their success, while ground-floor residences need to balance privacy needs with providing “eyes on the street” (so residents do no feel obligated to keep their blinds closed all the time). This section provides the design standards for the private portion of this frontage.

Ground
Floor
Façade
Ground
Floor
Façade

2. Applicability
The standards of this section apply to any new building, façade renovation, or building addition along a street or public open space in the Corridor Specific Plan area. Minor exceptions to the standards herein may be allowed for Limited Uses, as defined in Section 3.14.

Private
Frontage Private
Frontage

3.10 | Facades & Frontages (cont.)

3.10.C. Frontages
Figure 3.10-2 Private Frontage
Building
Setback
Public Frontage
Travel Lanes
Parcel
Parcel
Mixed-Use
Corridor
Neighborhood
General
Neighborhood
Low
Frequency of Building Entries
(max. distance between entries) 50' 75' 100'

CHAPTER 3 | THE CODE
180 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 181 Ground Floor Retail-Ready frontage is a versatile type that can host residential uses in the near-term and be easily converted into shopfronts as future commercial market conditions
improve.

Design Standards
i. Within the Mixed-Use Center Overlay, the ground
floor shall be no more than six (6) inches above the
adjacent sidewalk, to allow ADA access to the entry.
ii. For ground floor residential use, bedroom and
bathrooms windows are prohibited along the front
façade.
iii. The ground floor fenestration amount, regardless of the zone, shall be between 70% and 95%.
iv. For residential or office uses, entry shall be provided through a Dooryard designed per the requirements
of Section 3.10.D.4.d.
v. For retail uses:
(a) Access from the sidewalk shall be provided through a Shopfront designed per the requirements of Section

3.10.D.4.f. A Dooryard may also be provided per
Section 3.10.D.4.d.
(b) The setback shall be treated as an extension of the sidewalk, unless a Dooryard is provided.
(c) For retail use, the ground floor fenestration shall be transparent and provide visibility to the interior spaces per Section 3.10.D.4.f, Shopfronts.

3.10.C.4.b - Ground Floor Retail-Ready
Ground Floor Retail private frontage types are characterized by large ground floor openings, including windows and
entries, which provide transparency and connection
between the public realm and ground floor uses such as
shops and restaurants. The primary entrance is typically at sidewalk grade and provides direct access to the groundfloor use, unless ADA accessibility is accomplished by other means. The primary architectural element comprising the retail frontage type is the shopfront, which consists of large clear windows, doors with glass, and transom windows.

Shopfronts can be enhanced with awnings and canopies
as well as arcades and galleries.

Design Standards
i. The ground floor shall be no more than six (6)
inches above the adjacent sidewalk, to allow ADA
access to the entry.
ii. Any setbacks that are provided shall be treated as
an extension of the sidewalk.
iii. Refer to Section 3.10.4.D.f for more detailed
Shopfront design standards.
iv. Refer to Section 3.10.4.D.g for more detailed
Arcade design standards.
v. Refer to Section 3.10.4.D.h for more detailed
Gallery design standards.

3.10.C.4.a - Ground Floor Retail
Retail may also be under arcades or galleries (see 3.10.D), providing shade for pedestrians. Pedestrian comfort, especially in hot climates, is critical to the success of local businesses.

Arcade
Gallery

CHAPTER 3 | THE CODE
182 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 183 Ground Floor Residential frontages provide a transition from the public sidewalk to semi-private or private interior space.

These frontages moderate the privacy needs of the residential unit with the need to provide eyes on the street to ensure a safe and activated public realm environment. Accordingly, the closer the ground floor façade is to the street, the more carefully designed the frontage must be. Ground floor units are either entered through a common entry (such as an entry lobby or shared private court) or directly from the public sidewalk, typically through a transitional entry element such as a dooryard, porch, terrace, or stoop.

Design Standards
i. See Section 3.8.B and Table 3.8-1 Building Placement for required residential setback requirements
ii. See Section 3.10.B.3 and Table 3.10-2 Fenestration for residential fenestration standards.
iii. Ground floor bedroom and bathrooms windows are
prohibited along the front façade in the Mixed-Use
Corridor and Neighborhood General zones.
iv. In order to enhance privacy for ground floor
residential units, ground floor heights shall be
established in relation to the distance to the adjacent sidewalk, as indicated in Table 3.10-5. Retail-Ready
units (see Section 3.10.C.4.b) are exempt from this
requirement.
v. If access to ground floor units is provided directly from the public sidewalk, entry shall be provided via
a Dooryard, Terrace, Porch, or Stoop, per the design
standards of Section 3.10.D, Projecting Architectural
Elements and the ground floor heights standards
of Table 3.10-5. Units with direct access from the
sidewalk may also be access from an internal
corridor.
vi. If direct access is not provided, entry shall be via a Lobby Entry with shared passageways.

Direct Entry Type - Dooryard Direct Entry Type - Terrace Lobby Entry

3.10.C.4.c - Ground Floor Residential
Building
Distance
from back of
Sidewalk
Min. Ground Floor Height above
Adjacent Sidewalk

MUC NG NL
0 - 5 ft. n/a n/a n/a
5 - 7.5 ft. n/a 3 ft. 3 ft.

7.5 ft. - 10 ft. n/a 2 ft. 2 ft.
10 - 15 ft. n/a 1 ft. 1 ft.
5'
Raising the ground
floor from sidewalk
level allows residents
to watch over the
street outside, while
keeping window sills
5’ above ground
level can prevent
unobstructed views
into private interior
spaces.

No Setback (Atypical Urban Condition). The façade is immediately at the back of sidewalk, but window sill height is above eye level of the passerby, maintaining privacy within the unit while allowing the tenant to overlook the street and leave the window blinds open.

Shallow Setback (Very Urban Condition) Since the façade is close to the sidewalk, the ground floors are raised so pedestrians must look up to see into the interior. The opaque front door and the landscaping further enhance privacy. The landscape provides greenery suitable for a neighborhood context.

Moderate Setback (Typical Urban Condition). The combination of modest setbacks, raised ground floors, and dooryard patios, provides sufficient privacy and a comfortable buffer between the sidewalk and large glass openings of the living room, with more private bedrooms on the upper floor.

Generous Setback (Less Urban Condition). These ground-floor units are at-grade with the sidewalk, with low sill-height. In this case, generous landscape setbacks (15ft) provide a sufficient privacy buffer from the street allowing residents to look out onto the public realm.

Privacy Modulation Examples
Table 3.10-5 Ground Floor Height above Sidewalk Pedestrian and Resident Interface 10'

CHAPTER 3 | THE CODE
184 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 185 Vehicular Access frontages provide access to parking garages or through a building to rear service areas or surface parking lots. Because of their utilitarian nature, their design is often neglected. However, they require particular care in their design as their sheer size and presence along the street wall can make them one of the most disruptive elements to the quality of the pedestrian environment.

Design Standards
i. See Section 3.10.B.4 for parking structure façade
standards.
ii. Vehicular entries and exits shall be organized into bays (See Section 3.10.B.2). Each opening shall fit
within a single bay.

Vehicular Access can be organized into attractive, well-proportioned bays, just like shopfronts.

VEHICULAR ACCESS

SHOPFRONTS
Single lane entry opening Entry and exit openings split by building structure iii. Vehicular entries shall be organized into openings that are as similar as possible to a shopfront.
iv. Openings shall be no wider than is necessary for
one vehicle to enter or exit. Adjacent entry and exit
openings shall be designed as two separate openings.

Single opening that accommodate more than one car
are prohibited.
v. Vehicular entries shall be at least 50 feet from the corner of a block.
vi. Gates or doors which secure vehicular entries shall be designed as attractive urban elements, just like
pedestrian entry doors.

3.10.C.4.e - Vehicular Access
A
B
C
C
A
B
Ground Floor Office frontage, where allowed, shall be
carefully designed to ensure that they appropriately
contribute to the active public realm environment of the Plan Area (see Figure 3.4.1). Like ground floor residential, they typically require some level of privacy, but they still have the opportunity to give life to the street.

Design Standards
i. Fenestration shall be provided per the
requirements of Section 3.10.B.3.
ii. The most public-friendly office functions, such as
reception and waiting area or office amenity space,
shall be located closest to the primary façade.

Areas for private or support functions, such as
examination rooms, storage, and restrooms, shall
not be located along the primary façade.
iii. Ground floor offices may take access directly from the sidewalk and/or from a Lobby Entry, subject to the
requirements of Section 3.10.D.4.e.
iv. The setback areas of ground floor offices located at or near sidewalk level shall be designed per a minimum of one of the following:
(a) A dooryard per the requirements of Section 3.10.D.4.d. (b) Simple landscaping per the requirements of Section 3.13.E. (c) An extension of the sidewalk.

Office/Multiple Floor Lobby Entry
Office building with lobby entry and landscaped setback area.

3.10.C.4.d - Ground Floor Office

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186 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 187 A stairway and landing leading directly from the right of way to an elevated building entrance.

Element Standards MIN MAX
Stoop width 4‘ 8‘
Stoop depth (not including stairs) 4‘ 8‘
Stoop floor height3 1.5 3‘
Planter/fence height - 3‘
Entry Recession depth 0.5' 6‘
Additional Standards
a. The exterior stairway shall be perpendicular or
parallel to the adjacent sidewalk. When parallel to
the sidewalk, landscape of 1-2 feet shall be provided
between the side of stair/stoop and the sidewalk.
b. Adjoining stoops shall be limited to two entries. A
stoop may also provide access to a common entry.
c. Gates are prohibited.

A
B
C
D
A
B
C D

3.10.D.4.a - Stoop
Notes

1. Shall not encroach into the public right-of-way. As a result, a Porch or Terrace shall only occur within setbacks of 10’ or more.

2. Lobby Entries within the Mixed-Use Corridor Zone shall comprise no more than 20% of the frontage length. The remaining length shall be devoted to shopfronts.

3. May encroach into the public right-of-way on upper floors.

4. May encroach into the public right-of-way provided the resultant sidewalk width covered by the arcade or gallery is at least 12 feet clear from the inside of the post, column, or pier to the ground floor building face. In most cases, this requires that the ground floor facade be set back more than 0 feet from the property line to accommodate a wider sidewalk than currently exists.

2. Applicability
New building designs shall include at least one (1) of
the Required Building Entry Elements identified in Table

3.10-6 and may include any of the Optional Projecting
Architectural Elements identified in Table 3.10-6. Building Entry and Projecting Architectural elements may project beyond the surface of the building facade as shown in
Table 3.10-6.

3. General Standards
All Building Entry and Projecting Architectural elements shall comply with the following requirements:
a. Materials, style, and design shall be consistent with the architecture of the building.
b. Deep eaves, balconies, bay windows, and projected
rooms of traditionally styled buildings shall have
visible supports in the form of projecting beams or
braces. Balconies on contemporary styled buildings
shall not be required to have beams or braces.
c. Landscaping shall be appropriate to the
architecture and scale of the building. General
Standards

4. Additional Standards for Required
Building Entry Elements
All buildings shall provide entry via one of the following Building Entry Elements: Porch, Dooryard, Terrace, Stoop, Lobby Entry or Shopfront, as allowed by zone in Table

3.10-6. Additional Standards for each of these types are provided in subsections 3.10.D.4.a-f to follow.

5. Additional Standards for Optional
Projecting Architectural Elements
Arcades and Galleries are recommended along the
frontages of all south-facing building facades. If provided, additional Standards for each of these types are provided in subsections 3.10.D.4.g-h on the pages to follow.

1. Intent
Facades and frontages and the quality of the adjacent pedestrian environment are enhanced with:
• Building entry elements—porches, dooryards, terraces, stoops, and shopfronts—that signal the location of the building entrance, provide a transition between the public realm of the street and the private environment of the building interior, and generate interesting, cohesive, and active ground-floor environments. • Projecting architectural elements—bay windows, balconies, awnings and canopies, arcades, and galleries—that, depending on the element, provide shade, private open space, additional interior space, and contribute to interesting and articulated facade designs per Section 3.10.A (Building Massing) and 3.10.B (Facade Design).

Building entry elements and projecting architectural elements, may extend beyond the build-to range—identified in Section

3.8—into the front setback and, in some cases, into the public right-of-way.

3.10.D. Building Entry and Projecting Architectural Elements

3.10 | Facades & Frontages (cont.)
Architectural Element Types See Section:

Mixed-Use Corridor Neighborhood
General Neighborhood Low
Encroachment beyond
the façade
Encroachment
beyond the façade
Encroachment beyond
the façade
Required Building Entry Elements
Porch1 3.10.D.4.a Not allowed Not allowed 8’ min. and up to 2’ min. from ROW
sidewalk5
Dooryard1 3.10.D.4.b Not allowed Not allowed
Terrace1 3.10.D.4.c Not allowed Not allowed
Stoop1 3.10.D.4.d Not allowed Not allowed up to 2’ min. from ROW sidewalk
Lobby Entry 3.10.D.4.e Allowed Allowed Allowed
Shopfront2 3.10.D.4.f Allowed Allowed Not allowed
Optional Projecting Architectural Elements
Projecting Room n/a 2’ 2’ 2’
Bay Window3 n/a 2’ to 4’ 2’ to 4’ 2’ to 4’
Balcony3 n/a 4’ to 8’ 4’ to 8’ 4’ to 8’
Awning or Canopy n/a Up to 8’ Up to 8’ Up to 8’
Roof Eave / Cornice Assembly3 n/a Up to 5’ Up to 5’ Up to 5’ Arcade4 3.10.D.4.g Allowed Not allowed Not allowed
Gallery4 3.10.D.4.h Allowed Allowed Not allowed
Table 3.10-6 Projecting Architectural Elements

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188 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 189 C
A
Lobby entries provide shared access to residential, office, or mixed-use buildings with access to individual residential units and offices via interior corridors. They have a strong connection to the public realm and are easy to find.

Element Standards MIN MAX
Height to top of transom 10’ 20’
Height to bottom of canopy/awning 8’ -
Distance to back of sidewalk - 20’
Area of outdoor semi-private space 80 sf -
Awning/Canopy Depth 4’ -
Additional Standards
a. Lobby entries shall be designed to be conspicuous
and as a focal-point of the ground-floor façade.

Techniques include providing a unique awning
or canopy above the entry; recessing the entry;
designing the openings to engage multiple floors;
and/or providing a frame around the entry opening.
b. Lobbies entries shall be visible from the public right of way as follows:
- Ground floor glazing shall have a minimum
transparency of 80% and an external
reflectance of less than 15%.
- Window sills shall be no higher than 2 feet
above adjacent grade.
- Shade shall be provided by exterior
architectural elements such as awnings or
canopies, Internal shade devices such as
blinds, shades, or curtains are prohibited.
c. A semi-private forecourt, designed per Section

3.13.G.2.b (Forecourt) may be introduced to provide
a transition between the entry and sidewalk.

A
B
C
B
D
A raised enclosed area outside of an elevated ground floor, usually enclosed by a low wall or fence.

Element Standards MIN MAX
Depth, clear 8' -
Finish level above sidewalk - 3'
Length of terrace - 150'
Distance between stairways - 50'
Additional Standards and Guidelines
a. Door and window design shall be appropriate
for street-fronting façades, per the fenestration
standards in Section 3.10.B.3.

A
B
C
B C
A
An enclosed area outside of an at grade first floor, usually enclosed by a low wall or fence.

Element Standards MIN MAX
Depth, clear 8' -
Finish level above sidewalk - 3'
Length of terrace - 150'
Distance between stairways - 50'
Additional Standards and Guidelines
a. Door and window design shall be appropriate
for street-fronting façades, per the fenestration
standards in Section 3.10.B.3.

A
B
C
A B
C

3.10.D.4.c - Terrace 3.10.D.4.d - Dooryard 3.10.D.4.e - Lobby Entry Element Standards MIN MAX
Porch depth (excluding stairs)1 8' -
Porch width 10' -
Porch height2 8' 12'
Floor height3 1.5' 3'
Between porch and front PL 5' -
Additional Standards
a. Porches may be used to provide access to multiple
front doors of ground-floor units.
b. Porches may wrap around building corners. This is
particularly appropriate on corner lots.

G
D
Porches are roofed, unenclosed rooms attached to the exterior of a building that provide access and comfortable semi-private outdoor social spaces that help activate the public realm.

A
B
Notes

1. Between building façade and end of porch deck.

2. From porch floor to top of porch columns.

3. Measured from grade at right of way.

C
C
D
E
B
A
E

3.10.D.4.b - Porch

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190 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 191 Frontage Element Standards
Encroachment Arcades shall extend to a distance of
2 feet from the curb face.

Sidewalk The resultant sidewalk width, covered
by the arcade, shall be at least 12 feet
clear from inside of post to ground
floor building face.

Columns Column height shall be between four
and five times the column width.

Openings The width of Arcade posts shall not
exceed a 1/5 ratio to the size of
openings and shall correlate with
façade bays. See Section 3.10.B.2.

Clearance The minimum vertical clearance at
each opening shall be a minimum of
12’, excluding decorative brackets,
spandrels, and/or lower portions of
arches.

Height Only floors 2, 3, and 4 shall extend
over the sidewalk. Any floor above
the 4th floor shall be at or behind the
build-to range.

Frontage Element Standards
Encroachment Galleries shall extend to a distance of
2 feet from the curb face.

Sidewalk The resultant sidewalk width, covered
by the gallery, shall be at least 12 feet
clear from inside of post to ground
floor building face.

Columns Column height shall be between four
and five times the column width.

Openings Gallery posts shall not exceed a 1/6
ratio with the size of openings and
shall correlate with façade bays. See
Section 3.10.B.2.

Clearance The minimum vertical clearance at
each opening shall be a minimum of
12’, excluding decorative brackets,
spandrels.

Height Galleries shall either be single or
double-story, and must correlate with
building floors.
2'
2'
A
A
A A
C
C
C C
B
D
E
B
B B
D
D
D
E
E E
Arcades are extensions of upper floors over a sidewalk, supported by structural elements such as piers, columns, or arches. Arcades provide shade, glare control, and weather protection. Arcades are especially useful on south- and westfacing façades in order to shade the sidewalk from sunlight.

Galleries are appendages to building façades that extend over sidewalks, providing shade for pedestrians and often providing balcony space above. They are supported by structural elements such as piers, columns, or arches which extend to the ground.

Galleries are especially useful on south- and west-facing façades in order to shade the sidewalk from sunlight.

B
C
A
D
E
Frontage Element Standards MIN MAX
Height to top of transom 12’ 16’
Height to bottom of canopy/awning 8’ 10'
Width of each shopfront bay 10' 25’
Height of shopfront base 1' 3'
Awning/Canopy Depth 4’ -
Additional Standards
B
C
A
D
E
Shopfronts are large openings in a building facade that are enclosed with large transparent windows and doors that provide direct, atgrade access to ground floor commercial/retail uses. The basic required architectural elements of shopfronts include large windows, doors with glass, transom windows, and a solid base (bulkhead).

Optional elements include awnings, canopies, signage, lighting, and cornices

3.10.D.4.f - Shopfront 3.10.D.4.g - Arcade 3.10.D.4.h - Gallery a. Shopfront openings shall be organized into bays, with upper floor windows stacked above, per the standards in Section 3.10.B.2.
b. As permitted by the applicable zone, shopfronts may be used in combination with Galleries or Arcades (see Section

3.10.D.4.g and h).
c. With minor exceptions, all shopfront openings shall provide visibility into the interior space as follows:
• Openings shall not be visually obstructed by signage, merchandising racks, storage shelves, etc.
• Ground floor glazing shall have a minimum transparency of 80% and an external reflectance of less than 15%.
• Window sills shall be no higher than two (2) feet above adjacent grade.
• Shade shall be provided by exterior architectural
elements such as awnings, canopies, arcades, or
galleries. Internal shading devices such as blinds,
shades, or curtains are prohibited. Transparent solar
shades are permitted for restaurant uses.
d. If a shopfront is recessed or otherwise setback, and is not designed in combination with a Dooryard,
Terrace, or Porch (as allowed in Section 3.10.D), the
resulting setback shall be designed as a seamless
continuation of the sidewalk, not as a landscaped
area or buffer. Where permitted, this area may be
used for outdoor dining and merchandising.

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192 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 193 Wall-mounted Projecting Signs
Projecting Sign mounted on a shopfront's canopy Sidewalk Signs Neon Wall Sign

3.11.C. Standards by Sign Type

1. Allowed Sign Types. Table 3.11-1 lists the signs types that are permitted by right within the Plan Area, subject to the associated standards. The following pages provide design standards and guidelines for each of these allowed types.

Key
P Permitted by right
DR Design Review required
n/a Not allowed
Table 3.11-1 Sign Types

1. Intent. Private signage shall be a beautiful contribution to the urban environment while serving its purpose in drawing attention to businesses and wayfinding.

2. Applicability. All new signs, including on new buildings, existing buildings, and renovations or additions to existing buildings within the Plan Area (see Figure 3.4.1, Regulating Plan) shall be subject to the standards of this section. Any sign type that is not listed and permitted by right in this section shall only be approved by the Planning Commission through Design Review. Public signs are exempt from this section.

3.11 | Private Signage

3.11.A. Introduction 3.11.B. General Standards

1. Standards. The following standards are applicable to all private signage:
a. Signs shall not obscure building entrances, cornices, columns, or other prominent architectural elements.
b. A maximum of three allowed sign types shall be
allowed on a building or massing increment unless
stated otherwise.
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.
d. Sign lighting shall be designed to minimize light and glare on surrounding rights-of way and properties.
e. Directory signs are small wall signs located at
pedestrian eye level and intended to identify multiple
tenants within a building or complex. The following
standards apply to these signs:
i. Directory signs shall not exceed 6 square feet.
f. Internal illuminated “Cabinet Signs” and/or “channel letters” shall be prohibited for all signage.

Wall sign painted directly on the building
Sign Type See
Section:

MU-C
Zone
NG
Zone
NL
Zone
Wall 3.11.C.1.a P P n/a
Window 3.11.C.1.b P P n/a
Blade 3.11.C.1.c P P n/a
Vertical Projecting 3.11.C.1.d P P n/a
Front Yard 3.11.C.1.e P P P
Monument 3.11.C.1.f P P n/a
Awning 3.11.C.1.g P P n/a
Sidewalk 3.11.C.1.h P P n/a
District Wayfinding 3.11.C.1.i P P n/a
Minor Pylon 3.11.C.1.j DR n/a n/a
Major Pylon 3.11.C.1.k DR n/a n/a
Roof 3.11.C.1.l DR n/a n/a
Mural 3.11.C.1.m DR n/a n/a

CHAPTER 3 | THE CODE
194 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 195 A sign painted or applied directly to the storefront windows and/ or doors. Window signs also include posters for advertisements and sales, product merchandise posters, open/closed signs, and painted or etched business names and logos. B A C
Standards Min Max
Height (% of window/door height)- 50%
Width (% of window/door width)- 50%
Area (% of window/door area)- 25%
Additional Standards
a. Permanent window signs shall be individually painted, etched or otherwise applied letters or logo graphics
surrounded by clear glass.
b. If no awning is provided, secondary window signs shall be allowed, which may span the width of the window,
shall be located at the top of the window, and shall be limited to one foot in height.

ABC
Design Standards Design Character
A sign that is applied directly to or projecting out and parallel to the façade. This type of sign is intended for viewing from across the street and along the sidewalk. B C
Standards Min Max
Height 10" 30"
Width (as % of façade width)- 60%
Clearance from openings 24"-
Additional Standards
a. A minimum of one wall sign shall be approved per
business per street- or open-space-facing façade.

In multi-tenant buildings, only the businesses with
frontage on the sidewalk shall have a wall sign.
b. Wall signs shall be located above the storefront and at least 12 inches from any eave or edge of building
above.
c. Sign thickness (as measured from the wall) shall not exceed four inches.
d. Internally illuminated Cabinet Signs shall be
prohibited.
e. Channel lettering is permitted, provided that the
letters are either back-lit or externally illuminated;
internally-illuminated channel letters are prohibited.
f. Lettering on background panel shall be up to 24
inches tall. If a background panel is not included, letter height shall be up to 30 inches tall.

ABC
A
Design Standards Design Character

3.11.C.1.a - Wall Sign 3.11.C.1.b - Window Sign

CHAPTER 3 | THE CODE
196 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 197 A painted, reverse-channel, or individual-lettered sign applied directly to or projecting out and parallel to the façade. This type of sign is intended for viewing from across the street and along the sidewalk. Internally-illuminated cabinet signs are prohibited.

Standards Min Max
Height- 15'
Width- 4'
Depth of projection into R.O.W.- 5’
Vertical clearance from sidewalk- 8’
Area (sign only; per side)- 16'
Additional Standards
a. Projecting signs shall be permitted to extend above
the parapet or roof of the structure to which it is
attached.
b. A maximum of one projecting sign shall be allowed for every storefront entrance on the façade.
c. Vertical projecting signs extending into the public
R.O.W. require Public Works review and approval.
d. Signs shall be externally illuminated by a light
mounted on the façade or by neon tubing used to
illuminate letters, symbols, and accent frames.

ABC
A
Design Standards Design Character C D D B
A double-sided sign perpendicular to the building façade from a mounted wall brace or from a ceiling. Blade signs typically project over a sidewalk and are intended for viewing by approaching pedestrians.

Standards Min Max
Sign height- 36"
Vertical clearance from sidewalk 8’ 12’
Depth of projection into R.O.W.- 5’
Area (sign only; per side)- 6 sf
Sign thickness- 4"
Additional Standards
a. A maximum of one blade sign shall be allowed for
every storefront entrance on the façade.
b. Blade signs that extend into the public R.O.W shall be subject to a City permit, if the City Engineer deems one is needed.
c. The top of a blade sign shall be located below the
building’s second floor windows.
d. Signs shall be externally illuminated by a light
mounted on the façade or by neon tubing used to
illuminate letters, symbols, and accent frames.

ABC
A
C
B
Design Standards Design Character

3.11.C.1.c - Blade Sign 3.11.C.1.d - Vertical Projecting Sign

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198 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 199 A short, solid sign that rests directly on the ground, rather than being propped up by narrower support elements.

Standards Min Max
Overall sign width - 10'
Overall sign height- 7'
Distance from sidewalk 2'-
Additional Standards
a. Monument signs shall be permitted only along
Highway 111.
b. LED messages displays shall be prohibited.
c. Marquee (changeable letter/word) displays shall be
prohibited.

AB
B
A
Design Standards Design Character
A front yard sign is intended for businesses in buildings that are wholly or partially set back from the public right of way.

The target viewer is the passing pedestrian or bicyclist. Front yard signs may be freestanding or integrated into the design of a fence or dooryard wall.

Standards Min Max
Sign width- 30"
Sign height- 30"
Overall height- 5'
Horizontal clearance from sidewalk 2'-
Additional Standards
a. Signs shall not encroach into the public right of way. b. Signs shall be oriented toward side property lines,
unless incorporated into fence or wall design.
c. Exterior illumination shall be permitted, provided that it is from a single bulb, shielded, and warm in tone. B C A D ABCD
Design Standards Design Character

3.11.C.1.e - Front Yard Sign 3.11.C.1.f - Monument Sign

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200 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 201 A B A two-sided, non-illuminated, portable and temporary sign placed outside a storefront on the sidewalk for viewing at close range.

Standards Min Max
Height (overall) 18” 36”
Width 18” 30”
Horizontal clearance from curb 18”-
Clear pathway 6’-
Additional Standards
a. Signs shall not contain posters, flyers, balloons,
pennants or flags attached to the sign.
b. There shall be no projections other than raised carved letters, which should extend no more than ½ inch
from the sign face.
c. Maximum of one sidewalk sign shall be allowed per
business.
d. Signs shall only be displayed during hours of
operation.
e. Signs shall not be affixed to any wall or mounted on wheels.
f. “Reader board” signs with removable slide-in letters shall be prohibited.
g. Signs shall be constructed of wood or plastic with
professionally-applied lettering or images, provided
that handwritten menu boards or "specials of the day"
for restaurants shall be allowed.

AB
Design Standards Design Character
A sign painted directly onto, or projecting from any sort of awning or canopy.

Standards Min Max
Letter height 10" 30"
Width (as % of façade width)- 60%
Area (as % of each surface)- 25%
Depth of awning/canopy projection
into the R.O.W. 6’ 10’
Vertical clearance from lowest point
of awning/canopy to the sidewalk 8’ 12’
Additional Standards
a. Awning side panels shall be prohibited. ABCD B
A
C
D
Design Standards Design Character

3.11.C.1.g - Awning/Canopy Sign 3.11.C.1.h - Sidewalk Sign

CHAPTER 3 | THE CODE
202 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 203 A pedestrian-oriented sign-type intended for Districts and Centers that include multiple businesses and amenities to enhance pedestrian navigation and wayfinding.

Design Standards Design Character

3.11.C.1.i - District Wayfinding Sign
Required Findings
Approval of a District Wayfinding sign, and its design, is subject to Design Review and approval of the Director,
upon submission of the following Required Findings:
a. District Wayfinding Signage is necessary for ease of pedestrian/ visitor use and navigation of the district, center or campus it is serving.
b. District Wayfinding Sign Pylon Sign design and
materials are of high quality and are architecturally
and thematically complimentary of the district, center
or campus it is serving.

Standards
Overall Height 8ft max
Overall Width 3ft max
Distance from grade to signage
text 18” min
Overall Sign Area 24 ft2 max
Electronic Readerboards not permitted
A
B
C
Additional Standards and Guidelines
a. District Wayfinding signs may be conditionally
approved only for Centers, Districts or Campuses with
150,000 sq. ft. of commercial gross leasable area or
greater, with a minimum of 10 unique businesses.
b. District Wayfinding signs may not be located within
50ft of 111 Blvd or other Major Arterial Street.
c. A maximum of ten (10) businesses or destinations
may be identified on each District Wayfinding Sign
that contains lettering/graphics.
d. Sign shall have a maximum of two sides.

A conditional sign type, specifically for the identification and wayfinding of businesses within a center or district not directly fronting 111 Blvd or major arterial street the center or district itself fronts. This sign type is intended to uniquely emphasize, support and enhance the regional identity and character of 111 Boulevard, consistent with the overall corridor aesthetic for the City of Indio. Design themes that reflect the history of Highway 111 / Route 99 are encouraged.

Standards
Overall Height 17ft max
Overall Width 10ft max
Distance from grade to signage
text 3ft min
Overall Sign Area 180 ft2 max
Electronic Readerboards not permitted
Required Findings
Approval of a Minor Pylon sign, and its design, is subject to Design Review and approval of the Director, upon
submission of the following Required Findings:
a. The district / center for which the minor pylon sign(s) is proposed includes re-use of an existing building that is set back from 111 Blvd, such that the use of such
signage for the success of its businesses.
b. Minor Pylon Sign design theme, materials and
aesthetic compliment and enhance the intended
unified streetscape aesthetic of 111 Corridor, as
defined by this Specific Plan.
c. Minor Pylon Sign design uses enhanced / high quality materials and construction methods.
d. Minor Pylon Sign design and materials are
architecturally and thematically complimentary of the
activity center it is serving.

B
A
B
C
A
C
Design Standards Design Character
Additional Standards and Guidelines
a. New Minor Pylon Signs may be conditionally approved
only for Centers / Districts with 150,000 sq. ft. of
commercial gross leasable area or greater, with a
minimum of 10 unique businesses.
b. A maximum of three (3) Minor Pylon Signs shall be
allowed along each arterial street (including 111 Blvd) that the center/district has frontage along, with a
maximum of six (6) Minor Pylon signs per Center /
District.
c. A maximum of eight (8) businesses may be identified
on each Minor Pylon sign.
d. Sign shall have a maximum of two sides, with each
side oriented toward each direction of the street it is fronting.
e. Sign shall not encroach into the public right-of-way.

3.11.C.1.j - Minor Pylon Sign
A
B
C

CHAPTER 3 | THE CODE
204 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 205 A conditional sign type, specifically for the branding and identification of key activity nodes/centers along the 111 Boulevard corridor. Additionally, this sign type is intended to uniquely emphasize, support and enhance the regional identity and character of 111 Boulevard, consistent with the overall corridor aesthetic for the City of Indio. Design themes that reflect the history of Highway 111 / Route 99 are encouraged.

Standards
Overall Height 35ft max
Overall Width 15ft max
Distance from grade to signage text 8ft min
Overall Sign Area 300 ft2 max
Electronic Readerboards 150 ft2 max
Required Findings
Approval of a Pylon sign, and its design, is subject to Design Review and approval of the Director, upon
submission of the following Required Findings:
a. Major Pylon Sign design theme, materials and
aesthetic compliment and enhance the intended
unified streetscape aesthetic of 111 Corridor, as
defined by this Specific Plan.
b. Major Pylon Sign design is unique and iconic, using
enhanced / high quality materials and construction
methods.
c. Major Pylon Sign design and materials are
architecturally and thematically complimentary of the
activity center it is serving.

B
C
A
B
C
D
A
Design Standards Design Character
Additional Standards and Guidelines
a. A maximum of two (2) new Major Pylon Signs may be
approved for any Center or District with 150,000 sq. ft. of commercial gross leasable area or greater, and with
a minimum of 10 unique businesses. A maximum of
one (1) Major Pylon Sign shall be allowed along each
arterial street (including 111 Blvd) the center/district has frontage on.
b. A maximum of eight (8) businesses may be identified
on each Major Pylon sign.
c. Sign shall not encroach into the public right-of-way. d. Sign shall have a maximum of two sides, with each
side oriented toward each direction of 111 Boulevard.
e. Electronic readerboards, if included, shall be wellintegrated into the overall design composition and shall not exceed 50 percent of the overall sign area,
and shall include automated dimmer controls to
manage and reduce nighttime glare.

3.11.C.1.k - Major Pylon Sign
Required Findings
Approval of a Roof sign, and its design, is subject to design review and approval of the Director, upon submission of the following Required Findings:
a. Roof Sign design theme, materials and aesthetic
compliment and enhance the intended unified
streetscape aesthetic of 111 Corridor, as defined by
this Specific Plan.
b. Roof Sign design is unique and iconic, using enhanced / high quality materials and construction methods.
c. Roof Sign design and materials are architecturally and thematically complimentary of the activity center it is serving.

A conditional sign type, specifically for the branding and identification of key activity nodes/centers (or businesses therein) along the 111 Boulevard corridor. Design themes that reflect the historic Highway 111 / Route 99 corridor aesthetic are encouraged.

Standards
Overall Height 20ft max
Overall Width/Length 60ft max
Art Graphic / Logo 150ft2 . max
Electronic Readerboards not permitted
A
B
C
A
B
C
Design Standards Design Character
Additional Standards and Guidelines
a. A maximum of 1 Roof Sign per Center / District or
development of over 150,000 sq. ft shall be permitted.
b. Structure supporting the sign shall be integral to the design and architectural style of the building.
c. Lighting shall be exposed neon or decorative external sources as approved by the City.
d. Electronic readerboards shall be prohibited on Roof
Signs.

3.11.C.1.l - Roof Sign
D

CHAPTER 3 | THE CODE
206 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 207 A conditional type of art wall that may incorporate signage, useful for the branding and identification of key activity nodes/ centers. Additionally, this sign type is intended to uniquely emphasize, support and enhance the regional identity and character of 111 Boulevard, consistent with the overall corridor aesthetic for the City of Indio. Design themes that reflect the history of Highway 111 / Route 99 are encouraged.

Standards
Overall Height Limited to height
of building wall
Overall Width Limited to perimeter
of building
Overall Sign Area Limited to surface
area of exterior walls
Distance from grade
to sign base No min Required Findings
Approval of a Mural sign, and its design, is subject
to Design Review and approval of the Director, upon
submission of the following Required Findings:
a. Mural Sign design theme, materials and aesthetic
compliment and enhance the intended unified
streetscape aesthetic of Indio, as defined by this
Specific Plan.
b. Mural Sign design is unique and iconic, using durable, element-resistant, non-toxic materials and techniques.
c. Mural Sign design and materials are architecturally
and thematically complimentary of the activity center
it is serving.

B
AB
A
Design Standards Design Character
Additional Standards and Guidelines
a. Mural sign shall be allowed to spread across multiple walls.
b. Mural sign shall be allowed to advertise a place or
property, but shall not be used to market an existing
service or retail good.

3.11.C.1.m - Mural Sign
Page Intentionally Left Blank

CHAPTER 3 | THE CODE
208 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 209 b. The applicant shall submit a written statement with
the factual reasons for requesting the reduction in
parking spaces. The statement must also include
a detailed description of the proposed use(s) and
calculations of the required number of parking spaces
and a description of the number, size, and location
of proposed off-street parking spaces. The required
site plan must include a parking plan showing the
dimensions and locations of all parking spaces, drive
aisles, and the abutting alley width, if applicable.
c. The reductions specified herein shall only be
considered if the Community Development Director
finds that:
i. After any allowed reduction, an adequate amount
of on-site parking remains for the uses on the site,
and the parking reduction will not limit the use of
the property for other uses that would otherwise be
permitted on the property; and
ii. The operating characteristics of the proposed use
are such that granting the parking reduction will
not cause unreasonable negative impacts to the
surrounding property owners or neighborhoods; and
iii. Parking for residential uses in mixed use
developments will be accommodated through a
shared parking agreement, as authorized by this
section; and
iv. A Parking Management Plan (PMP) has been
approved for the project, and
v. The PMP and an appropriate legal instrument of
agreement among the affected owner(s) of the
property(ies) is recorded with the County Recorder.

This legal instrument shall be binding upon the
owner and his successors and assigns and shall
limit and control the use of land included in the
development to those uses and conditions approved
by the Community Development Director.
vi. No person benefiting from a parking reduction shall make any changes to the use that would increase
parking.
d. Shared on-site parking. Shared parking may be
utilized as an effort to promote an overall reduction
in parking when a development project is under the
control of a single owner/developer and contains
commercial, retail, office, institutional or public uses with staggered peak parking demands. Shared parking
by multiple owners/developers may be implemented
if the shared parking provisions are instituted in a
parking management plan. The amount of off-street
parking required for a mixed use development may be
reduced up to fifteen (15) percent as determined by the Community Development Director and approved by
the City Council when it can be demonstrated through
a Parking Demand Study that sufficient parking is
or can be met by the subject uses through a shared
parking arrangement. Said study should explain
the parking demands of the land uses within the
development and how business practices or hours of
operation impact the demand for parking at different
times of the day.
e. Where shared parking is proposed, a shared parking
agreement between the property owner and the City
shall be recorded prior to the issuance of a building
permit. This agreement must be recorded as a deed
restriction on the property and cannot be modified or
revoked without the consent of the City Council. This
legal instrument shall be binding upon the owner and
his successors and assigns and shall limit and control
the use of land included in the development to those
uses and conditions approved by the City Council. If
any requirements for shared parking are violated,
the affected property owner must provide a remedy
satisfactory to the City Council or provide the full
amount of required parking for each use, in accord
with the requirements of this Section.
f. Waiver of parking. Any project site where it can be
demonstrated that the land use thereon will not utilize the required number of parking spaces due to the
nature of the specific land use, or the manner in which the specific land use is conducted, the number of
parking spaces required may be reduced pursuant to
the following:
i. Approval Required. A parking reduction based
upon low parking demand may be allowed upon
the approval of a Low Demand Parking Reduction
Agreement by the City.
ii. Alternate Parking Plan. In approving a parking
reduction, the City may require the preparation
of an Alternate Off-Street Parking Plan, which
demonstrates that additional parking spaces can
be provided on-site, as necessary, to accommodate
future land use changes or intensifications in land
use. Furthermore, a restrictive covenant that runs
with the land may be required by the City, which
restricts the use of the subject property for the
duration of the parking reduction.

Use Type Min. Required Max. Allowed
Retail 2 / 1,000 NSF 4 / 1,000 NSF
Office 2 / 1,000 NSF 4 / 1,000 NSF
Residential 1 / DU 2 / DU
Restaurant 0.5 / 4 seats 1 / 4 seats
Table 3.12-1 Required Parking
Development
Type
Percentage of
Reduction
Approval
Authority
Retail Up to 15 City Council
Office Up to 15 City Council
Table 3.12-2 Parking Reductions

3.12 | Parking

1. Intent
Auto-oriented environments are typically characterized by large and exposed surface parking areas. It is the intent of this plan to both minimize the aesthetic damage of existing and new parking areas through occupiable building lining, and to facilitate the rationalization of parking areas to better levels of efficiency to support new development.

2. Applicability
a. The standards within this section shall apply to all residential and non-residential development and/or
redevelopment within the Specific Plan boundaries.

3.12.A. Introduction

3.12.B. General Standards

1. Required number of spaces
a. The number of required on-site parking spaces are
itemized in Table 3.12.1.
b. Parking requirements for uses not listed in Table 3.12-1 shall be determined by a study of parking demand for
that use, as prepared by a qualified professional and as accepted by the Director.

2. Parking Reductions Requirements. The number
of parking spaces required by Table 3.12-1 may be reduced, and the type or location of parking spaces required by
this Section may be modified as follows:
a. Parking Reduction. In general, the total requirement for off-street parking facilities shall be the sum of
the requirements for the various uses computed
separately. However, the required number of offstreet parking spaces (including visitor spaces) for all residential and the residential portion of a mixed use
developments may be reduced by up to a maximum
of fifteen (15) percent, if such developments are under single ownership, and/or under the control of the same
professional management company, subject to the
following approval authority requirements:
b. Compliance with these standards is not required in the following instances:
i. a change of use within an existing building; or
ii. an expansion of an existing building that does not
result in an increase in floor area by more than 25
percent; or
iii. a replacement of an existing building that does not result in an increase in floor area by more than 25
percent.
c. Except where in conflict with the provisions of this chapter, surface parking lots and structures shall be
designed and built to the standards of Chapter 3.03 of
the Unified Development Code.

CHAPTER 3 | THE CODE
210 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 211 Street Property Line
Building Frontage Line
Min Depth - 30'
Ground Story/Liner Parking
Figure 3.12-1 Lined Parking
Street
Property Line Building
Frontage Line
Figure 3.12-2 Subterranean Parking
Floor Height

3.12.C. Standards for Structured Parking

1. Lined Structured Parking. Where adjacent to any
street, structured parking shall be behind at least 30 feet of occupiable space on the ground floor. The lining shall be designed per the Frontage Standards in Section 3.10.B.

2. Subterranean Parking. Fully-subterranean garages
may extend to all lot lines. Semi-subterranean garages shall not extend beyond the building facade, and shall not extend higher than 4 feet above sidewalk grade. See Figure 3.12-2.

3. Private Garages. Front-loaded private garages whose
spaces are accessed directly from the primary street shall only be allowed in the Neighborhood Low Zone, and only
on lots that are a minimum of 55 feet wide. All other private garages shall take direct access from alleys or side streets. g. Low Demand Parking Reduction Agreement. A Low
Demand Parking Reduction Agreement by and between
the City, the applicant, and all other affected property owners, shall be executed and recorded with the
County Recorder, which, at a minimum, shall:
i. Provide confirmation that the parking supply
proposed will be adequate during periods of
maximum demand,
ii. Confirm that the parking demand is provided within a reasonable walking distance to the use it serves, and
iii. Identify parking management strategies that are
necessary to ensure the availability of the necessary
number of parking spaces for the duration of the
current use and future users of the project site. The
Low Demand Parking Reduction Agreement shall be
subject to City Attorney review and approval as to
form and content.
h. Parking Analysis. The City may require the applicant to submit a parking analysis, prepared by a person/firm
experienced in preparing such analyses, to assist the
City in determining the appropriate reduction.
i. Car-sharing. For each dedicated car-share space, a
reduction of 4 required spaces may be granted, up to
10 percent of the total required.
j. Provision of Bicycle Parking.
i. Short-term. For every 10 dedicated short-term bicycle parking spaces, a reduction of 1 required car parking
space may be granted, up to a total of 5 percent of
the total required.
• Minimum space: 2 by 6 feet.
• Minimum aisle width: 5 feet.
• Must be located within 50 feet of entrance.
ii. Long-term (secured). For every 5 dedicated long-term (secured) bicycle parking spaces, a reduction of 1
required car parking space may be granted, up to a
total of 5 percent of the total required.
• Must be located within 150 feet of entrance.

3. Electric Vehicle Charging Spaces (EVCS). New
residential development shall provide for EVCS in the
manner prescribed as follows:
a. In new multiple-family projects of ten (10) dwelling units or less, twenty (20) percent of the total required parking spaces shall be provided with a gang box
(four inches by four inches) connected to a conduit
linking the covered parking spaces or garages with the
electrical service, in a manner approved by the building and safety official, to allow for the future installation of electric vehicle supply equipment to provide EVCSs
at such time as it is needed for use by residents. EVCSs shall be provided in disabled person parking spaces
in accordance with current California Building Code
requirements.
b. In new multiple-family projects of more than ten (10) dwelling units, ten (10) percent of the total parking
spaces required shall be provided with a gang box
(four inches by four inches) connected to a conduit
linking the covered parking spaces or garages with the
electrical service, in a manner approved by the building and safety official. EVCSs shall be provided in disabled person parking spaces in accordance with current
California Building Code requirements.

4. Driveways
i. Driveway throat depths shall be a minimum of 50 feet and shall be unobstructed with no parking spaces
allowed within the required throat depth.
ii. One-way driveways shall not exceed a width of 14
feet; two-way driveways shall not exceed a width of
24 feet.
iii. Curb cut flares shall collectively not exceed the width of the driveway by more than 20 percent.
iv. All driveways shall be perpendicular to the street. v. Driveways shall not affect the slope or direction of the sidewalk.

5. Configurations. On-site parking may be provided in
the locations/configurations which are regulated on the following pages.

CHAPTER 3 | THE CODE
212 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 213

3. Surface Parking Adjacent to the Public Realm. Surface parking shall be allowed to be located adjacent to the street and public open spaces along 111 Boulevard only in the following two configurations. However, Parking Courts shall be allowed anywhere in the Plan Area.
a. Parking Court. Parking courts are intended to have the spatial quality and function of a forecourt (see Section 3.13.G).

If designed properly, they serve as a public realm extension, complete with building frontage facing the court. A parking court is appropriate where on-street parking is not yet present or possible, and for Limited Uses (see Section 3.14). i. A parking court shall be no wider than 100 feet and contain only one parking bay (70 feet max.) with 15 feet of public frontage extension on both sides (total of 30 feet max.). A parking bay is comprised of a central 1- or 2-way travel lane with a row of parking spaces and pedestrian access on both sides. ii. If a building’s primary entrance is located immediately off of the parking court, the entry sidewalk shall connect directly to the public frontage at the street. See also Section 3.7.C.4 for Public Frontage standards and guidelines. iii. Any portion of the surface parking lot adjacent to the street shall be set back 5 feet from the sidewalk, or as far back as the building face—whichever is further. A wall or hedge that is between 3 and 3.5 feet in height shall be located within this setback area, which shall be no closer than 1.5 feet to either the sidewalk or to the first space of the surface lot.

Screening shall be interrupted only for vehicular and pedestrian access and visibility. b. Frontage Lane
Frontage lanes can be added to segments of Highway 111 to provide a high-quality public frontage environment and safer, more convenient customer and visitor parking access, rather than directly from high-speed 111 Boulevard. Frontage Lanes shall be a minimum of 30 feet wide. They shall contain parallel, diagonal, or perpendicular parking on one or both sides of the drive lane. When Frontage Lanes are used, the front setback of the lot shall be increased by an amount equivalent to the Frontage Lane’s width. See also Section 3.7.C.4 for Public Frontage Standards.

This frontage lane in Berkeley, CA, provides comfortable and convenient access to storefront parking along Shattuck Avenue.

The open space created when parking is adjacent to the right of way is designed as an attractive forecourt for the buildings that surround it. The overall width is minimized and the lot is screened by low walls and landscaping.

1. Frontage and Access
a. In the Plan Area (see Figure 3.4.1, Regulating Plan), new surface lots may extend a maximum of 100 feet along a
block face fronting on a primary street (see Figure 3.12- 3). Along a block face fronting on a secondary street,
new surface parking lots may extend a maximum of
140 feet. An exception is allowed for Limited Uses
(See Section 3.14), where new surface lots may not
constitute more than 50 percent of a lot’s frontage on
primary streets, but may be more than 50 of a lot’s
frontage on a secondary street.
b. The surface parking lot adjacent to the street shall be screened by a wall or hedge no greater than 4
feet in height, that is set behind a minimum of 5 feet
of landscaping, or as far back as the building face -
whichever is greater. Screening shall be interrupted

3.12.D. Standards for Surface Parking
Public Frontage
Public Frontage
Public Frontage
Extension
Public Frontage
Extension
100’
70’
15’
15’
only for vehicular and pedestrian access & visibility.

Architectural features, such as pergolas may frame
pedestrian or vehicular entrances, but shall not exceed a height of 9 feet.

2. Configuration
a. Parking areas shall be designed to reduce the amount of stormwater run-off. Landscape planters that capture
and percolate stormwater areas shall be required.
b. Shared parking lots shall provide clearly marked and well-it pedestrian access from on-site parking to the
building(s) being served, as well as to the street, using pathways that are not shared with the vehicular access
and at least 6 feet wide.

Figure 3.12-3 Surface Parking
Public Frontage
Exte
Public Frontage
nsion
Public Frontage
Property Line Allowed area for
surface parking
30+ feet of
occupiable
space
30+ feet of
occupiable
space
Primary Street
Landscaped setback minimum: 5’ or as deep as
building setback, whichever is greater
building-to-building where
adjacent to right of way
Secondary Street
Secondary Street
100’ max.
140’ max.

CHAPTER 3 | THE CODE
214 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 215 Example of an appropriately placed double standpipe connection in the base of a building at the sidewalk.

Example of inappropriately placed check valves and other utility devices in the front yard of a commercial building.

Example of inappropriately placed ground-level utilities in a parkway.

Example of inappropriately placed utility boxes in a parkway.

Wherever possible, mechanical/utilities equipment should be placed in alleys. In this example, they are further shielded by architectural elements and a hedge.

Figure 3.13-1 Appropriate Placement Figure 3.13-2 Inappropriate Placement Example of mechanical equipment well-screened by an architectural element incorporated into the building's composition.

AVOID AVOID AVOID

1. Intent
The following site standards are intended to inform the design and location of various site design elements for the purpose of the health, safety, and general welfare of the immediate occupants of each building, and for the neighborhood.

2. Applicability
The following standards apply to all new development, or whenever below-mentioned features are introduced to an
existing development. In cases where the Director determines that deviations from the strict interpretation of any standard in this section is appropriate, the Director shall also seek to ensure that the obvious intent of each standard is still met.

1. Utility Access and Equipment
a. Utility access and equipment such as back-flow
preventers, transformer boxes, gas and electric meters, and other utilities shall be placed within or adjacent
to and be accessed from the alley, subject to the
requirements and approval of the associated utility
company. On lots with no alley, meters and similar
equipment shall be located in underground vaults or
in utility rooms/closets within buildings, were possible.

If such locations are infeasible, these services shall be located in inconspicuous locations along the sides of
project sites and shall be thoroughly screened from
public view.

2. Mechanical and Electrical Equipment
a. All mechanical and electrical equipment – including, but not limited to, air-conditioning units, antennas,
garage door motors – whether roof-mounted, groundmounted or otherwise, shall be screened from public view or located so as not to be visible from streets or open spaces. Such equipment and related screening
shall be designed with materials and colors that
conform to and are an integral part of the design of the building.
b. Mechanical equipment that generates noise, smoke
or odors, shall not be located on or within 10 feet of
a public right of way or any on-site common open
spaces.
c. Noise- and odor-generating equipment and containers
shall be located in areas that will not create a nuisance to adjacent properties. Such bins should be covered
when possible. Openings to a trash enclosure shall be
shielded from public rights of way.

3. Telecommunication Devices
a. Telecommunication devices (such as satellite dishes
or other equipment) shall be screened from public
view or located so as not to be visible from streets.

Applicants shall work with satellite providers to locate satellite dishes out of view on building roofs and/or
on rear yard or side yard facing façades if adequate
signal strength and quality can be achieved. In multifamily and multi-tenant buildings, conduits should be provided from such a location to each unit.

4. Wet Utilities
a. Wet utilities shall be located in the street, but shall be allowed to be located in the alley to address
topographical, efficiency or other engineering reasons.

If “wet” and “dry” utilities are co-located in the alley, proper trench separation and utility access shall be
ensured. On lots with no alley, all “wet” utilities shall be located in the street or public right-of-way. Utility meters and entrances shall also be provided belowgrade in the street or sidewalk and shall be flush with the surrounding grade.

5. Service Entrances and Waste Disposal Areas
a. Service entrances, waste disposal areas, and other
similar service areas shall be located adjacent to the
alley and take their access from it. On lots with no alley, these areas shall be located as far away from – and
screened from views from – the public right of way as
practical.

3.13 | Site Design

3.13.A. Introduction

3.13.B. Utility Placement

CHAPTER 3 | THE CODE
216 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 217

3.13.D. Lighting

1. General to All
a. Site lighting shall be shielded by permanent
attachments to light fixtures so that light sources are not visible from a public way and to prevent off-site
glare.
b. Specific to residential ground floors: site and buildingmounted luminaires shall produce initial illuminance value no greater than 0.04 horizontal and vertical
footcandles.
c. Specific to nonresidential ground floors: site and
building-mounted luminaires shall produce a maximum
initial illuminance value no greater than 0.1 horizontal and vertical footcandles at the boundary with adjoining residential lots, and no greater than 0.01 horizontal
footcandles 10 feet beyond that boundary.

2. Lighting Abutting the Public Realm. Lighting
within surface parking lots, private frontages, and any other on-site open space that abuts a public right of way shall comply with the following standards:
a. Lighting shall be shielded by permanent attachments
to fixtures so that light sources are not visible from
adjacent properties or the public right of way.
b. No freestanding fixture shall exceed a height of 15 feet as measured from finished adjacent grade.
c. Light sources shall have a maximum output of no
greater than 3,00 lumens.
d. Required illuminance (in footcandles)
i. Max: 4.0
ii. Min: 0.2
iii. Max average: 0.8
iv. Uniformity ratio (max/min): 20/1
v. Uniformity ratio (average/min): 4/1

3.13.C. Grading & Site Walls

1. Fence and Wall Heights
a. Fence and wall heights shall be measured from the grade directly below. In cases where the grade differs on either side of the fence or wall, the lower measuring point shall be the average between the grades of the sides. Fences and walls (including retaining walls) shall be set back at least 18 inches from the sidewalk.

2. Entrance Arbors
a. Entrance arbors, when provided, shall be limited to a maximum of 9 feet in height and 5 feet in width.

3. General to Frontages
a. Fence and wall posts within the front setback shall be limited to 3.5 feet in height.
b. Streetscreens up to 8 feet in height may close gaps in the streetwall, but may not be any closer to the street than the building façade and may not exceed a length of 20 feet. c. Retaining walls shall not have more than 3 feet of difference between the grade on either side. Fences or walls up to 3.5 feet in height shall be allowed to be erected above retaining walls provided that:
i. Any fence or wall more than 3.5 feet as measured from the sidewalk is at least 50 percent open.
ii. At no point does the fence intrude into the line of visibility between the landing of the entrance(s) of the primary
building(s) and the sidewalk. This shall be measured from point that are 5 feet above said landing(s) and 5 feet above the sidewalk.

Entrance arbor. Landscaped fencing set back from sidewalk Cafe rear yard with a wood fence.

4. Specific to Corner Lots
a. On corner lots, fences and walls shall be allowed
to reach 6 feet in height to enclose the private
rear yard from the side street, but shall be set
back at least as far back as the building face of
the primary building. Fences and walls shall be
allowed to reach a maximum of 8 feet in height,
provided that any portion of the fence or wall that
is more than 6 feet in height is at least 50 percent
open.

5. Specific to interior side yards and rear
yards
a. Fences and walls shall be allowed to reach 6 feet
in height and be flush with the façade of the
primary building. Interior side and rear fences
and walls shall be allowed to reach a maximum of
8 feet in height, provided that any portion of the
fence or wall that is more than 6 feet in height is
at least 50 percent open.
b. Any rear fence or wall along any alley shall be so
constructed as to provide a space in the rear yard
that is sufficient in length, depth, and height to
house trash bins off of the alley. If another area
within the rear yard meets this requirement,
it shall not be necessary to incorporate such a
space for trash bins into the fence or wall.
c. Gates and doors on rear fences shall not open
outward towards the alley but shall be designed
to open inward to the property.

3.13 | Site Design (cont.)
Shielded and/or frosted lighting avoids off-site glare.

CHAPTER 3 | THE CODE
218 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 219

1. General to All
a. Ground water recharging and stormwater runoff limits shall be facilitated on all parts of new building sites.

See NACTO’s Urban Street Stormwater Guide and the
Light Imprint Handbook, by Thomas E. Low; Possible
strategies include:
i. Rain gardens and vegetated bioswales that convey
and infiltrate rainwater.
ii. Pervious pavement that allows stormwater to
infiltrate directly into the ground below.
b. Stormwater management shall be provided through a
system that is integral to streetscapes (swales within
medians or parkways) and/or open space(s) in the
development. These areas shall double as visual
features and be accessible to the public.

Green roofs are used to capture and store water on-site.

An appropriately landscaped rainwater garden in a desert climate In a climate with strong direct sunlight, shade and Canopy trees can help encourage pedestrian activity.

3.13.F. Stormwater
A parking lot paved with gravel allows water to infiltrate, reducing runoff.

3.13.E. Landscaping

1. General to All
a. Where front yards are landscaped, individual paths to the sidewalk shall be provided for each entrance.
b. Allowed species. Trees and Plant material shall be
native to the Sonoran Desert, or adaptive from regions
with similar arid climates (such as the Mojave Desert). c. Invasive species. Invasive plant species shall be
prohibited.
d. Desert-adapted plants. All plants shall be waterconserving, drought-tolerant plants. e. Green screens. Landscape shall be used to soften
walls and fences and provide green screens, where
appropriate, between residential and nonresidential
buildings.
f. Climate mitigation. Trees, shrubs, hedges, and
deciduous vines are encouraged to be used to
minimize solar heat gain during the summer and
maximize heat gain during the winter.
g. Crime Prevention through Environmental Design
(CPTED). All landscape plans shall be reviewed
by a CPTED-qualified member of the Indio Police
Department.
h. Materials
i. Stair treads. Exterior stair risers and treads shall be constructed of durable and permanent materials and
in a manner that is consistent with the design of the
rest of the building.
ii. No grass/turf shall be allowed; only desertappropriate landscaping shall be allowed. iii. Paving materials should be decorative and
complementary to the main building design.
iv. Where hardscape is used, permeability shall be
incorporated into the design.
i. New landscapes shall comply with state and City
requirements for Water Efficient Landscapes.
j. Irrigation. Permanent and automatic irrigation systems shall be provided for all landscaped areas per the City’s Water Efficient Landscaping Ordinance.

Native, desert-adapted plants should be used.

Drought-tolerant landscaping.

A drought-tolerant back yard.

3.13 | Site Design (cont.)

CHAPTER 3 | THE CODE
220 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 221 A court can function as a shared dining area for residents or restaurants.

A court may provide access to private residences.

Residential courtyard that functions as a semi-private open space. v. Access & Private Spaces. Units shall be allowed to
take direct access through a court. Semi-private space
shall be allowed to be located around each access,
but when provided, shall not be fully enclosed.
vi. Design
• Common Area. Courts shall be designed as
gathering places for the occupants and also
circulation spaces through which pedestrian
access is provided from the street to any buildings
(or portions of buildings) that lack direct street
frontage. Courts provide a central, flat area that
is usable and encourages activity and interaction.

This area contains a combination of paving and
landscaping.
• Private Area. Courts shall be designed to provide for private access to dwellings and businesses that lack
direct street frontage. Courts shall also be allowed
to provide space for private patios and terraces.
• Amenities. Courts shall be allowed to include public
amenities such as seating areas, fountains, BBQ
islands and/or outdoor fireplaces to encourage
their use as common outdoor rooms or gathering
places.
• Landscape. See Section 3.13.E for landscaping
standards.

Side Court Internal Court
Street Street
Court Configurations

1. General to All
On-site open space is private or shared outdoor space that exists for the enjoyment and use of building tenants, and sometimes the public. It can also provide comfortable paths through which pedestrian access is provided from the street to any buildings (or portions of buildings) that lack direct street frontage. Of the required usable open space (see Section 3.7.B), 25 percent of that can be accounted for with on-site open space. a. At-grade open space shall be directly accessible and easily visible from the adjacent ground floor.
b. Buildings adjacent to semi-private open spaces (with the exception of those adjacent to passages) shall front onto the open space. Façades shall be designed per
Section 3.10.

2. On-site open space types. This Section identifies
a series of open space types and design characteristics of each type.
a. Court
b. Forecourt
c. Side Yard
d. Rear Yard
e. Passage
f. Roof Deck/Terrace
g. Balcony
i. Description. A court is a semi-public, shared open
space within a lot or between lots. It is a well-defined, coherent area that is an essential component of the
project’s design, not merely space left over after the
building mass is placed. Courts generally provide
visitor access from the street to dwellings, retail
or office spaces, and/or buildings within the lot
that lack direct frontal access from the street. The
degree of enclosure or openness may vary per the
requirements of each zone and the design intent of
the project designer.
ii. Configuration
• Side Court. The court is placed along the interior
side of the lot to work together with a court or back
yard on an adjacent lot to:
- Create the effect of one large open space
between adjacent buildings
- Provide a contiguous space for entrances to
a neighboring existing building that face the
proposed project and are located close to the
property line
• Internal Court. The court is entirely contained
within the building and accessed either through a
lobby or passage
• Special Circumstances. When a site contains
an exceptional feature, such as a large, healthy
tree, the court is configured so as to retain and
incorporate that special feature
iii. Size. Courts shall be a minimum of 20 feet by 30
feet.
iv. Enclosure.
• A court’s perimeter shall be defined by building
walls on at least two sides. The third and/or
fourth side shall be allowed to be defined by
architectural/landscape elements such as low walls
or trellises, hedges, or rows of trees.
• One side of a court shall be allowed to be defined
by a building wall or a linear landscape element on
an adjoining property.
• Driveways located adjacent to a court shall be
screened by architectural elements such as low
walls or trellises, hedges, or rows of trees so as not
to appear to be located within the court.

3.13.G. On-Site Open Space 3.13.G.2.a - Court

3.13 | Site Design (cont.)

CHAPTER 3 | THE CODE
222 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 223 i. Description. An open space along an interior side of a lot. Side Yards are semi-private spaces through which
visitor access is provided to one or more buildings or
dwellings, or may be private spaces for the exclusive
use of the residents of one or more dwellings.
ii. For multi-family or non-residential buildings, Side Yards shall be designed for the shared use of all
tenants, or divided into private areas for the use of a specific dwelling.
iii. Configuration and Size
• Configuration. Side Yards are located between
the building and the interior side property line.

The yard area can provide a contiguous space for
entrances to a neighboring existing building that
face the proposed project and are located close to
the property line.
• Size. At least 12 feet in any direction.
iv. Build-Out Requirements. An entrance to a Side Yard
is a permitted exception to the build-out requirement
for a lot. See Section 3.8.B.
v. Encroachments. Dooryards, porches, stoops, and
architectural elements shall be allowed to encroach
into the Side Yard up to a total of 30 percent of
the space’s width and/or length. An encroaching
element shall be allowed to project a maximum of 8
feet into the sideyard. If the projecting element has
usable space above the first floor level, it shall not
be allowed to come within 10 feet of a neighboring
property.

The side yard of this multi-family building provides access to adjoining units.

Single- and multi-family residences separated by side yards.

Street Street
Side Yard Configurations
i. Description. A forecourt is a court that abuts the
public sidewalk. Where forecourts give access to
retail and other public uses, they function as an
extension of the public realm. Where forecourts
grant access to residential or other private uses, they function as transitional spaces between the public
and private realms.
ii. Configuration and Size. Similar to Court. See Section

3.13.G.2.a for guidelines on Enclosure, Access &
Private Spaces, and Design.
iii. Build-Out Requirements. A forecourt is a permitted exception to the build-out requirement for a lot. See
Section 3.8.B.
iv. Location. A forecourt shall be allowed to occur on
any floor and is considered an allowed method of
creating facade massing increments. See Section

3.10.A.3.

When used as an outdoor dining area, a forecourt should read as an extension of the public realm.

Forecourts can also read as an outdoor extension of the interior space.

Forecourts can serve multiple property owners or tenants. Forecourts help transition from the public to private realm.

Street
Forecourt open to Street
Forecourt Configuration

3.13.G.2.b - Forecourt 3.13.G.2.c - Side Yard

CHAPTER 3 | THE CODE
224 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 225 i. Description. Passages provide a pedestrian
connection between or through buildings, from the
street to a court, recessed entrance, or rear parking
lot. Passages may be covered or uncovered. They
may be gated or completely open to the street.
ii. Configuration and Size
• Configuration. They shall be provided between
buildings or along side yards.
• Size. Passages shall be a minimum of six feet in
width.
iii. Build-Out Requirements. An entrance to a Passage
is a permitted exception to the build-out requirement
for a lot. See Section 3.8.B.

A passage may connect between courtyards and the street.

This passage provides some entrances to business as well as a connection to the street on other side of the block.

A passage may provide access to residential units.

Passage Configuration
This passage example provides access to an
internal court.

Street
i. Description. A private, landscaped open space
located behind the building that is intended to
provide passive or active outdoor space for the users
of the building.
ii. Configuration and Size
• Configuration. Rear yards, also known as “back
yards” are located behind the primary building,
generally away from the view of the street. For
buildings with two or more units, rear yards may be
divided into separated private yards in compliance
with the site requirements below.
• Size. Minimum dimensions: 15 feet by 15 feet.
iii. Encroachments. Dooryards, porches, stoops, and
architectural elements shall be allowed to encroach
into the Rear Yard up to a total of 30 percent of
the space’s width and/or length. An encroaching
element shall be allowed to project a maximum of 8
feet into the sideyard. If the projecting element has
usable space above the first floor level, it shall not
be allowed to come within 10 feet of a neighboring
property.

A back yard with a large paved area surrounded by border planting.

A drought tolerant, passive back yard.

Street A back yard seating area and outdoor fireplace.

Rear Yard Configurations

3.13.G.2.d - Rear Yard 3.13.G.2.e - Passage

CHAPTER 3 | THE CODE
226 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 227 Corner Balconies
A shared balcony
A balcony should have enough functional space to include furniture while still being comfortable to inhabit.
i. Description. A small open area to be used for private outdoor living space for an individual unit or a shared open space available for use by more than one unit.

Balconies may project, be recessed, or a combination
of the two.
ii. Configuration and Size
• Configuration. Balconies shall project from the
façade and/or be recessed, in compliance with the
California Building Code (CBC).
• Size. For a balcony to be usable, a depth of at least 5 feet is required. If a balcony is only proposed
for ornamental or landscape usage, it shall be a
maximum depth of 2 feet.
iii. Finishes. Materials, finishes, fixtures, and colors visible from the street shall be designed in a manner
that is consistent with the architectural style of the
building.
i. Description. An open space on the roof or podium
level of the building. The space(s) may be assigned
to individual units or exist as a shared open space
available for use by all residents or tenants.
ii. Configuration and Size
• Configuration. Roof decks/podiums shall be located
on a portion or all of a building’s floor plate.
• Size. Minimum dimensions: 15 feet by 15 feet.
iii. Amenities. Roof decks shall include a minimum of 3 of the following: trellises, landscaping, seating areas, herb/kitchen gardens, fountains, and/or outdoor
fireplaces to encourage their use as outdoor rooms
or gathering places.
iv. Finishes. Materials, finishes, fixtures, and colors visible from the street shall be designed in a manner
that is consistent with the architectural style of the
building.

Roof decks/terraces may provide shared lounging and dining areas for residents.

A roof deck/terrace used as a dining area for restaurants.

Multiple roof decks on one building.

3.13.G.2.f - Roof Deck/Terrace 3.13.G.2.g - Balcony

CHAPTER 3 | THE CODE
228 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 229

3.14 | Limited Uses in the MU-C Zone

3.14.A. Introduction

1. Intent.

The General Plan defines a vision for Boulevard 111 that is characterized by 3 to 6 story urban buildings, built close to and facing 111, with active, human-scale, pedestrian-oriented ground floor frontages, and windows on all floors overlooking the street. The Mixed-Use Corridor Zone is intended to deliver that vision, and requires that buildings within 200 to 300 feet of 111 be at least 3 stories in height. Such buildings are to be built along over 50% of corridor frontages to provide strong spatial definition for Boulevard 111 and to deliver relatively high intensities of housing, employment, and commercial uses in the center of Indio.

This Plan recognizes that many of the existing 1- and 2-story buildings along the corridor may remain for an indefinite period of time, and that current and near-term market forces may not support the feasibility of 3-story and greater development within some properties within the Mixed-Use Corridor Zone.

In order to enable market forces to attract near-term reinvestment to the Mixed-Use Corridor Zone - while also ensuring that over time the vision for that Zone is realized - this Section provides standards and processes whereby limited quantities of lower intensity, more automobile-oriented projects that positively contribute to the economic development and quality of life within a Subarea - defined herein as “Limited Uses” - may be approved in the Mixed-Use Corridor Zone through the Administrative Use Permit (AUP) or Conditional Use Permit (CUP) process.

Accordingly, four specific categories of Limited Uses are defined in this Section, including adaptive reuse of existing 1 and 2-story commercial and office buildings ,development of limited quantities of new buildings of those types, and development of blocks with lower Frontage Buildout percentages and larger quantities of street-adjacent surface parking that otherwise allowed.

2. Applicability
a. The standards in this section apply only to properties within the Mixed-Use Corridor (MU-C) Zone.
b. A “Limited Use” is generally defined as: a
development that provides neighborhood-serving
amenities (including job-creation) along the corridor,
but that does not meet all of the form-based
standards of the MU-C Zone. Accordingly, four
unique Limited Use “Typologies” are described in this
section:
i. Freestanding single-use (pad) commercial buildings
with and without drive-through service facilities;
ii. Office/light industrial buildings;
iii. Adaptive re-use of existing commercial/industrial
buildings;
iv. Parking lots that occupy greater percentages of one or more street frontages than prescribed by the
standards of Sections 3.8 and 3.12.
c. The standards of this section do not exempt a
proposed development from the Subdivision & Public
Realm Network Completion standards of Section 3.6.
i. The standards in this section do not exempt a
proposed development from the location-specific
commercial-use requirements of the MU-C Zone –
See Section 3.4.C.2.

3. Project Review and Approval.

Sections 3.14.B through 3.14.F provide development standards and design guidelines which shall be met as a condition of approval for all Limited Uses defined in this Section, and Table 3.14-1 defines the locations and quantities of Limited Uses that may be allowed. Non-Conforming Parking Lots (see Section 3.14.F) are not limited in quantity and are therefore not included in Table 3.14-1. Section 3.5.C.1 defines the findings that must be made to support issuance of an AUP or CUP approving Limited Uses.

Further, the corridor Development Monitoring Program (DMP) - as described in Chapter 4 Implementation (See Section 4.2.C, Strategy 4.2.12) is intended to monitor the acreage of Limited Uses in each Subarea on a regular basis, to ensure that Limited Uses do not become the predominant development
pattern within any Subarea. The DMP will identify the “target quantities” of housing, commercial and other uses for each Subarea, based upon the acreages of each subarea and the development intensities defined by the General Plan and this Specific Plan.

The DMP will define a process by which the City will keep a record of the quantity and type of development within each Subarea that has already been developed or is proposed or pending entitlement or construction. The DMP will prescribe an annual, biannual or other review of all subareas, and certain “thresholds of non-attainment” that would trigger a requirement for additional findings for issuance of an AUP or CUP form Limited Uses within certain Subareas, or potentially a moratorium on the issuance of such new permits in that Subarea. Prior to the establishment of a DMP, the standards of Table 3.14-1 shall govern.

Table 3.14-1 shall be used to determine the number of “new” approvals of Limited Uses that may be permitted (in addition to any existing non-conforming uses that may already exist) within each subarea. The table provides numeric caps for “Allowed Number of Approvals by LU Type” within each subarea, as well as the “Total Allowed Number of Approvals” (regardless of LU Type) allowed in each subarea. Note that in most cases, the “Total Allowed Number of Approvals” is intentionally less than the sum of the “Allowed Number of Approvals by Type” caps. The City shall track the number of such approvals and not allow any more than the allowed number by type or the total allowed number of approvals within each Subarea.

Subareas 13, 14, and 27 have “no limit” on new approvals of such Limited Uses due to existing small parcel sizes and development patterns making the potential for future largerscale infill in those places somewhat unlikely.

Single-Use ( Pad ) Commercial Office / light industrial Sub-Area
Allowed Number of Approvals
by Limited Use Type
Total Allowed
Number of Approvals
Single-Use (Pad) CommercialOffice / Light IndustrialAdaptive Reuse 1 2 2
No Limit
(New primary buildings on an adaptive reuse site are subject to the applicable limits in this table according to their type) 3 2 2 2 3
3 2 2 2
4 2 2 2
5 2 2 2
6 3 3 4
7 2 2 2
8 2 2 2
9 2 2 2
10 2 2 2
11 2 2 2
12 2 2 3
13 No Limit No Limit
14 No Limit No Limit
15 1 1 1
16 N/A
17 3 3 4
18 3 3 4
19 1 1 1
20 1 1 1
21 1 1 1
22 N/A
23 1 1 1
24 2 2 2
25 2 2 2
26 2 2 2
27 No Limit No Limit
Table 3.14-1: Allowed Number of Approvals

CHAPTER 3 | THE CODE
230 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 231 Office Building with main
lobby facing Boulevard 111
Main Building entrance
from the sidewalk
Landscape Frontage
Interior active uses should be display along
the primary facade along the boulevard Outdoor dining adjacent to main building
This interim development example features a palm-lined sidewalk along Blvd 111, with windows and an entry fronting onto Blvd 111.

3.14.B. General to All

1. Standards. The following standards apply to all new
“Limited Use” buildings to help ensure that they contribute to the pedestrian-oriented character of the Corridor.
a. Building Use Specific land uses allowed for “Limited Uses” in the MU-C Zones are listed in Section 3.5, along with the planning permit type required for approval
of each use. Any use not listed in this section shall be considered “Not Permitted.”
b. Locations. Concentrations of commercial uses should
be at the same node locations specified in the General
Standards for the Mixed-use Corridor Zone.
c. Building Placement
i.

Buildings shall be oriented toward the sidewalk,
meaning that the primary entrance (and/or a walkup service window) is provided directly from the sidewalk.
ii.

Building facades shall be located parallel to and
near the frontage sidewalk to promote visibility
and pedestrian access into businesses and to help
provide spatial definition of the public realm.
iii. If located on a corner lot, the building shall be located at the corner, fronting both streets.
iv. The Frontage Buildout requirements listed in Table

3.8-1 may be waived for provided buildings are in
conformance with the requirements of the rest of this
Section.
d. Access
i. Simple and direct pedestrian access to the main
building entrance from the sidewalk must be
provided. The main entrance shall not be located on
a façade facing opposite the Corridor and must be
located to face Highway 111 or a pedestrian-oriented
open space that is open to and directly accessible
from Highway 111.
ii. Secondary pedestrian access to the building may be
provided from adjacent parking lots.
iii. The walkway leading from the sidewalk to the main
entrance shall be wide and welcoming, per the Public
Frontage Standards of Section 3.7.C.4.
iv.Setback areas shall be designed per the on-site
sidewalks, landscaping, and lighting standards of
Section 3.13, Site Standards and Guidelines.
e. Building Height. Building height: 16’ minimum (to
eaves).
f. Building Massing, Frontage, and Facades
i. The architecture of the building shall provide large openings that clearly convey that the façade facing
the street - particularly facades facing 111 - is the
front of the building, regardless of where the main
building entry is located.
ii. For Façade fenestration requirements see Section

3.10.B.3.
iii. Facades over 100’ in width are subject to the Façade Standards in Section 3.10.A.3.
g. Parking & Circulation
i. The visual impact of surface parking shall be
mitigated to maintain the desired street character
(see UDC Chapter 3.03, Parking Standards).
ii. Surface parking shall generally be located behind
the building and screened by the building mass, low
walls, pergolas, and/or landscaping.
iii. A limited amount of on-site parking is permissible along the side of the building, adjacent to the front
sidewalk along 111 as a Parking Court (see Section

3.11.D.3.a.), but is prohibited from being located
between the building and the Corridor sidewalk, per
UDC Chapter 3.03, Parking Standards.
iv. Vehicular entrances to the site shall be located as far as practical from street intersections to allow
adequate stacking room.
v. Vehicular entrance curb cuts shall be limited to one per adjacent street, and wherever possible should be
located on common property lines to provide access
from one driveway to at least two properties.
vi. To further reduce traffic congestion and parking
demand, sidewalks for comfortable pedestrian
access shall be provided between adjacent buildings
and properties. And wherever feasible, reciprocal
vehicular access between adjacent parking areas
shall also be provided.

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232 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 233

3.14.C. Specific to Freestanding Commercial & Drive-Through

1. Intent and Applicability. The intent of these
standards is to ensure that:
a. New freestanding commercial buildings shall
contribute to the overall pedestrian experience and
quality of life withing the Corridor, while minimizing
any negative impacts to the mixed-use urban character
envisioned for the Corridor.
b. New buildings that provide drive-through facilities
operate efficiently while minimizing the negative
impacts on traffic, pedestrian safety, and street
character. No part of a drive-through facility may
interfere with clear and safe pedestrian access to
the building’s main entrance, nor detract from the
building’s frontage character facing the Corridor.

2. Freestanding Commercial Building Standards
a. Frontage
i. Active uses (retail, dining, bar, etc.) shall be located along the street-facing façade, with fenestration
as required in Section 3.10.B and 3.10.C to render
business activity clearly visible from the street.
ii. Active outdoor spaces (dining, gathering, etc.) are encouraged, and when provided shall be located so
as to be clearly visible from 111 and/or other street.
iii. Outdoor dining areas shall be defined by low fences and/or low landscaping. Where adjacent to the drivethrough stacking aisle, a landscape buffer of at least six (6) feet in width shall be provided. See Section

3.13 (Site Standards) for additional requirements.
iv. Encroachments. Sun-shading devices (awnings,
canopies, porches, pergolas, umbrellas, trees, etc.)
shall be provided over any active outdoor spaces
to provide a more comfortable, user-friendly
environment. See requirements in Section 3.10.D
(Projecting Architectural Elements), and Section 3.13
(Site Standards).

3. Drive-Through Facilities Standards
a. Permit requirements. Drive-through facilities - as
defined in the UDC - shall require a Conditional Use
Permit and are permitted only within the Mixed-Use
Corridor Zone.
b. Access
i. To the greatest extent possible, driveways providing access to our egress from a drive-through service
lane shall also provide access to the customer
parking lot.
ii. Drive-through lanes adjacent to the building shall
be screened from the Highway 111 Corridor and all
sidewalks by the building mass, low walls (3’ – 4 tall), pergolas, and/or landscaping. See Figures 3.14-2
for preferable configurations. Drive-through lanes
elsewhere on the site shall be screened from the
street in the manner required for parking lots.
iii. Locating the drive-through lane between a building and the Highway 111 Corridor sidewalk is strongly
discouraged. However, if there is no other
alternative, a clearly marked pedestrian walkway
shall provide clear access from the sidewalk, across
the drive-through lane, to the building entrance
(see Figure 3.14-3). The pedestrian walkway shall be
designed as a crosswalk, including signage and visual
cues such as striping or material changes.
c. Frontage
i. If a drive-through lane is located between the
building and the Corridor sidewalk, the drive-through
shall be integrated into the building design via a
“faux” façade or screen wall built between the drivethrough lane and the sidewalk that shall either be built to look like an extension of the primary building and made of the same material, or be built as an
arcade or pergola addition to the primary building.

The façade or screen wall must present a generally
open, fenestrated appearance meeting the intent
of Façade requirements in Section 3.10.B while also
substantially screening views of idling vehicles, by
spanning the entire length of the primary façade(s)
facing the sidewalk (see Figure 3.14-3).
d. Parking
i. Drive-through lanes shall be physically separated
from the parking lot by low walls (3’ to 4’ tall),
pergolas, and/or landscaping (See Figures 3.14-2 and

3.14-3).
ii. If a drive-through lane is located between the
building and the parking lot, a clearly marked
pedestrian crossing across the travel lane shall
connect the parking lot to the building entrance.

Boulevard 111
Alley
Adjacent parcel
Adjacent parcel
Boulevard 111
Alley
Secondary street
Adjacent parcel
Lot between parcels facing Boulevard 111 Corner Lot along Boulevard 111 Active Frontage facing Boulevard 111
Clear visibility access from Boulevard 111
Secondary access from parking lot
Drive consolidation, one curb cut per street
Active Frontage along Boulevard111 and
Secondary street
Clear human access from Boulevard 111
Secondary access from parking lot
Drive consolidation, one curb cut per street
Building
Frontage
Public/Private pedestrian
public realm
Screen Wall
Landscape area
Main access
Secondary access
Drive-Through
Vehicular access
Active Frontage facing main
street Main entrance facing
street Side Entrance Facing
Parking Lot
Preferred
Configuration
Preferred
Configuration
Figure 3.14-1 Free Standing Commercial
Street visibility
Free Standing Commercial facing Corner Lot

CHAPTER 3 | THE CODE
234 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 235 Boulevard 111 Alley Adjacent parcel
Adjacent parcel
Boulevard 111
Alley
Secondary street
Adjacent parcel
Active Frontage facing Boulevard 111
Clear visibility access from Boulevard 111
Secondary access from parking lot
Drive-through perpendicular to the main street
Drive consolidation, one curb cut per street
Active Frontage facing Boulevard 111
Clear corner visibility access from Boulevard 111
Secondary access from parking lot
Drive through perpendicular to the main street and
not facing the secondary street
Drive consolidation, one curb cut per street
Building
Frontage
Public/Private pedestrian
public realm
Screen Wall
Landscape area
Main access
Secondary access
Drive-Through
Vehicular access
Active Frontage along the corner
facing two main streets
Drive through exit
Outdoor seating area
Sun-shade devices to
protect from the sun.

Lot between parcels facing Boulevard 111 Corner Lot along Boulevard 111 Figure 3.14-2 Free Standing Commercial & Drive Through
Street visibility
Free Standing Commercial with Drive-Through
Boulevard 111
Alley
Adjacent parcel
Adjacent parcel
Active Frontage facing Blvd 111
Clear visibility access from Boulevard 111
Secondary access from parking lot
Drive through perpendicular to the main street
Drive consolidation, one curb cut per street
Building
Frontage
Public/Private pedestrian
public realm
Screen Wall
Landscape area
Outdoor seating area and main
entrance visible from street
A screen wall has been build
between Drive through Drive through exit
Lot between parcels facing Boulevard 111
Figure 3.14-3 Free Standing Commercial & Drive Through
Street visibility
Free Standing Commercial with Drive-Through
Constrained ! sites only
Preferred
Configuration
Preferred
Configuration

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236 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 237

3.14.D. Specific to Office/Light Industrial Buildings

1. Intent and Applicability. The intent of these
standards is to ensure that new freestanding Office/Light Industrial Buildings contribute to the active public realm environment of the Highway 111 Corridor.

2. Standards
a. Access
i. Ground floor offices shall take access directly from the front sidewalk and/or from a Lobby Entry (See
Section 3.10.C.4.c and 3.10.D.4.e).
ii. Additional access may be provided from an adjacent
parking lot through a secondary entrance that
leads directly into the same lobby space as the main
entrance from the front sidewalk.
b. Frontage
i.Façade fenestration is subject to the standards for
the Mixed-Use Corridor Zone. (See Section 3.10.B)
ii. At ground level, the most active uses (waiting room, reception) shall be located near the street-facing
façade, and be visible from the Corridor. The most
private uses (examination rooms) shall not be located
on the Corridor-facing façade.
iii. The setbacks of ground floor offices at or near the level of the sidewalk may feature a dooryard or
simple landscaping, or they may be designed as
extensions of the sidewalk if privacy is not desired.

Raised ground floor offices may use a Terrace, Porch,
or Stoop. See Section 3.10.D, Projecting Architectural
Elements.

Ground Floor entrance connected to
sidewalk
Ground Level facade is completely transparent to
make the interior active uses visible to exterior
Parking Located at the back screened
by the building
Lobby entrance connected
with the parking entrance
View from the back of building where the parking is located . The building lobby has an entrance from the parking lot.

The whole Ground Floor facade is provided with large windows that allow all ground floor uses be visible from the street
View from main street where the office building has the main entrance and Ground level facade has it’s most active uses This page intentionally left blank

CHAPTER 3 | THE CODE
238 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 239 Opening cut to create a new courtyard
entrance into the complex

3.14.E. Specific to Adaptive Re-use Commercial/Industrial Buildings

1. Intent and Applicability. The intent of these
standards is to promote and make feasible the adaptive
reuse of valued existing buildings so that they can continue to connect Indio to its history while also contributing to its quality of life.

2. Standards
a. Big Box Re-use
i. Big Box to Office: Conventional office spaces benefit from natural light. To bring in more light:
ii. Introduce windows per the requirements of Section

3.10.B)
(a) Cut an opening or skylights in the roof to create a courtyard or atrium to bring light into the center of
the floor plan,.
iii. Big Box to Specialized Uses (indoor recreation
or entertainment, theater, library, medical
facilities): Some uses do not require natural light for operations and only need simple reconfiguration of
the interior.
b. Former Industrial / Light Industrial building Re-use Like the Big Box condition, though some ceilings may
be lower than Big Box standards, which are typically
higher than 20’. Lower ceilings (16’ or lower) may make it suitable for uses such as art gallery/hospitality/event space (example images) private uses (examination
rooms) should not be located on the Corridor-facing
facade.

Courtyard example of a reconversion of a old Shopping Mall into a office campus
Adaptive reuse of a warehouse into a restaurant.

Adaptive Reuse of a Big Box Store into an office campus Prioritizing pedestrian improvements
Outdoor Dining / gathering spaces along frontage of the building Building frontage improvements with large windows and
comfortable side access
Controlled entry points with traffic signals
Simple improvements to existing parking lots and building facades can significantly enliven and renew older strip shopping centers c. Strip Mall Re-Use
i. Pedestrian-Prioritizing Sidewalk Improvements.

Along the Corridor, sidewalks shall be wide and
protected by landscaping and bollards to be a
suitable gathering environment.
ii. Extra Outdoor Dining/Gathering Space. Existing
buildings can better engage the public realm through
the addition of indoor/outdoor spaces such as dining
terraces.
iii. Building Frontage Improvements. Street-facing
frontages shall be designed to take full advantage
of their prime positioning by having large windows,
outdoor seating, and comfortable access from the
sidewalk.
iv. Controlled Entry Points. Entrance drives shall
be controlled with traffic signals where feasible or
guided by medians so that there aren’t too many left
turns that can cause traffic conflicts.

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240 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 241

3.14.F. Specific to Non-Conforming Parking Lots / “Parking Blocks” Figure 3.14-4 Conceptual Parking Block Configuration Figure 3.14-5 Conceptual Parking Half-Blocks Configuration 400’ Maximum
See § 3.14.F.2
111 Blvd
111 Blvd
111 Blvd
111 Blvd
Street
Alley
Street
Alley
Alley
Street
AlleyAlleyAlley
StreetStreet
StreetStreet
A B
A + B = 400’ Maximum
See § 3.14.F.2
MU-C Zone MU-C Zone NG NG
Street
Street

1. Intent and Applicability
It is anticipated that in the early phases of the evolution of the Corridor from the current low-density, suburban pattern to the more compact and intense urban patterns defined by the Mixed-Use Corridor Zone, it may economically infeasible to construct the structured parking facilities envisioned to support higher development intensities. In order to support near-term investment in new infill development—while also providing the infrastructure and block structure to support long-term realization of the envisioned Mixed-Use Corridor Zone—this section provides standards for such surface parking lots as a fourth type of Limited Use.

Such parking lots may be located within the same block as the buildings and uses that they are intended to serve, or in an adjacent block, across one or more streets from the uses that they are intended to serve. In some very limited cases, in order to support near-term implementation of the complete public realm network and block structure intended for the MixedUse Corridor (MU-C) Zone, up to an entire block may initially be occupied by a surface parking lot. Appropriately designed, landscaped, and screened from public views—in accordance with the parking lot design standards of this Plan and the UDC— such a parking lot could contribute to the envisioned evolution of the 111 Corridor. Parking lots that occupy significant portions of selected city blocks are not uncommon in well-established downtowns and other commercial and mixed-use centers.

As new street networks and block structures are defined for each Subarea through the Master Planned Development
process, approval of parking lots that do not conform to the standards of Section 3.12 may be granted through the AUP or CUP process, upon the findings in Section 3.14.F.2 below.

2. Standards & Guidelines. The following shall apply:
a. Framework. The proposed parking lot shall lie within a block that is in conformance with an approved
Subarea Master Public Realm & Connectivity Plan that
defines a street network and block pattern meeting
the requirements of Section 3.6 and Section 3.7 and the intent of the MU-C Zone. Non-conforming parking lots
may fill a portion of or an entire block.
b. Maximum Length Along Blvd 111. Such lots may span
no more than 400’ of length along 111 Blvd (see Figure

3.14-4).
c. Adjacent Parking Lots. Non-conforming parking lots
which fill only a portion of their respective blocks may be adjacent to each other, provided that they do not
exceed the maximum length along Blvd 111 when
added together (see Figure 3.14-5). Blocks which are
filled with parking, or “parking blocks,” may not be adjacent to each other. A Limited Use parking block shall be no less than 500 feet from any other Limited Use parking block. i. Exception. Parking blocks in support of Adaptive-Reuse are exempt from this Standard.
d. Lot Configuration for Phased Development. Through
the Master Planned Development process, the applicant
must establish a block plan for the block in which the
parking lot is proposed. That block plan shall define lots that are consistent with one or more development types
allowed in the MU-C Zone. The proposed parking lots shall be designed within one or more lots of the block in which it is proposed, such that other lots within the block may be developed with buildings conforming to the standards of Section 3.8, Building Placement & Access without
significantly restructuring the proposed parking lot.
e. In blocks that are sized and configured to accommodate surface parking lots and/or future parking structures within the interior of the block, the proposed parking lot should occupy that area, extending into surrounding streetfronting lots only to the extend necessary to meet nearterm parking requirements. f. Whenever possible, such parking lots should not be
located on corner sites, which should be built with or
reserved for buildings whenever possible.
g. Like all street-adjacent parking lots, proposed parking lot shall be screened from street views by walls and
landscaping as required in Section 3.12.D, and vehicular and pedestrian access from adjoining streets to the parking lots shall provided as required in Section 3.12.D.

3. Required Findings. The following required findings shall be made prior to the approval of a Limited Non-Conforming Parking Lot:
a. That constructing adequate parking facilities that conform to the Standards of Section 3.12 would be financially
infeasible under current market conditions.
b. That the proposed parking lot, the block within which it is located, and the adjoining street network are configured to facilitate the future development that is consistent with the vision and standards of this Plan.
c. That in order to reduce the number of parking spaces to a practical minimum, whenever possible such parking lots shall be shared by more than one property or business or use through shared parking agreements or managed by a
parking district.
d. That the proposed parking lot meets all other applicable parking lot design standards of this Plan and the UDC.

4 IMPLEMENTATION
CHAPTER 4 | IMPLEMENTATION
ADOPTED 9.21.22 | 243
This Chapter Covers:

4.1 Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .244

4.2 Private Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .245

4.3 Economic Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .249

4.4 Public Realm Funding Phasing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .253

4.5 Anti-Displacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .254

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244 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 245

4.2 | Private Development
A. Introduction A. Introduction
Private development along the 111 Corridor should support housing goals along with economic development goals and work to bring the corridor to a more human scale that feels safer for active transportation.

Under the SB2 grants that funded the 111 CSP, the City is required to add a minimum of 500 new housing units. The Corridor should be able to support significantly more housing that should be stepped to transition between the Corridor and adjacent single-family neighborhoods.

The Corridor should allow for commercial retail uses in key nodes and support job-generating uses that promote citywide sustainable economic development goals.

B. Development Program
As noted in Chapters 1 and 2, much of the Corridor is currently occupied by older, one-story buildings and vacant land. At the same time, the vision for the future also includes multi-story housing and mixed-use buildings that provide community
activity nodes offering commercial amenities well-connected to adjacent neighborhoods.

Aside from affordable housing, which relies on federal and other subsidies, private development must be rooted in sound economic conditions. It is likely that two and three-story housing adjacent to – and connected to – existing neighborhoods will precede multi-story mixed-use development along the Corridor.

Such new housing along with the existing neighborhoods, will build a critical mass of customers that can support new retail concentrated in nodes, or centers, along the Highway 111 frontages. Following this development pattern, the summary amounts estimated and analyzed, in the Highway 111 Corridor Specific Plan’s Finding of Consistency with the 2040 General Plan’s Environmental Impact Report (EIR) are as follows:
a. Non-Residential. Up to 550,000 square feet
b. Residential. Up to 5,200 dwellings
City staff will monitor quantities of new development by subarea annually. It is anticipated that the General Plan will be updated approximately every 10 years, and future updates and EIRs will take into account all 111 CSP development at that time, plus that projected by potential future Highway 111 Corridor Specific Plan EIR updates.

4.1 | Introduction
Government Code Section 65451 requires that a Specific Plan provide a program of implementation measures necessary to carry out its proposed land uses, infrastructure, development standards, and other criteria. Chapters 1, 2, and 3 present the vision, land use and urban design principles, and development standards necessary to revitalize Highway 111.

The 111 Specific Plan has been prepared to attract and shape new investment, economic development, and housing (a
minimum of 500 units consistent with project grant funding requirements) within the CSP, systematically transforming it from a sparsely developed highway commercial strip to a beautiful city center boulevard. The CSP is intended to deliver large quantities of diverse housing choices, new employment, new commercial and recreational amenities serving local, citywide and regional customers, and high-quality public gathering places within a series of human-scale, walkable, transit-ready neighborhoods, centers and districts along the Corridor.

The intensities, patterns, and forms of development envisioned and required by this plan are different in a number of important respects from prevalent development practices in the Coachella Valley in recent decades, the implementation of which will require customized implementation strategies. In particular, the placemaking goals of the CSP - and of the General Plan on which it is based – require very close coordination of the planning and design of new buildings and site improvements with that of the infrastructure and public realm network that supports that development. They also require close coordination of each new development project with existing and future adjacent development projects so that the built results deliver a seamless city center fabric, rather than a string of separate projects connected by a highway.

Achieving this ambitious vision will require new levels of coordination between all City departments and new levels of collaboration between the City and property owners and developers. The procedures and processes necessary to
systematically implement this Plan’s goals, vision, policies and standards are presented in Section 3.2, Code Administration.

This Chapter identifies the strategies and related policies to make this happen. The strategies are categorized into four topics: Private Development, Economic Development, Public Realm, and Anti-displacement.

CHAPTER 4 | IMPLEMENTATION
246 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 247 C. Policy and Strategies
STRATEGY 4.2.1: Promote the Use of CEQA
Guideline 15183 Exemption to Incentivize
Residential and Other New Development that
Provide Corridor-Wide Benefits.

Private development that adheres to the objective standards outlined in the CSP may be eligible for CEQA exemption under Guideline 15183, which allows a streamlined environmental review process for projects consistent with existing zoning and the General Plan.

STRATEGY 4.2.2: Adopt Administrative Policy
to Prioritize New Development that Provides
Corridor-Wide Benefits.

Residential development will help the Corridor build a critical mass to support additional retail and commercial uses.

Similarly, result of commercial parcels that provide public realm improvements that would benefit the entire Corridor (e.g., active transportation network segments) should be eligible for development organizational prioritization that could include express permitting and/or a concierge service that provides Corridor developers with dedicated staff to walk developers through City process.

STRATEGY 4.2.3: Analyze the Reduction of NonDevelopment Impact Fees for New Development.

One way to incentive development under current market
conditions, would be to reduce City-generated development fees for planning, building, and engineering services. The City should analyze the impacts of reducing fees. If the reductions do not significantly impact the City’s ability to provide services, it could offer affordable housing projects a 75 percent fee reduction and market-rate development a 45 percent reduction over a short period (e.g., five years) to make development along the corridor more attractive to the development community.

STRATEGY 4.2.4: Evaluate the Feasibility of
Reducing Development Impact Fees for New
Development.

The City does not currently receive impact fee revenues charged on new development. Any reductions in existing impact fees would require a vote of approval from the City Council and the City to pay collecting agencies from the General Fund. The City should explore the feasibility and potential fiscal impacts of development impact fee reductions for new development that provides affordable housing units or other identified CSPidentified public realm improvements to adjacent sites.

STRATEGY 4.2.5: Promote Affordable
Homeownership Opportunities along the
Corridor.

Parcels or portions of lots abutting single-family neighborhoods provide opportunities to develop affordable homeownership units. City staff should market the Specific Plan with these opportunities to developers that build affordable ownership units and provide staff assistance to interested developers.

While the City should not act as a broker, it can facilitate introductions between developers and property owners, where appropriate.

STRATEGY 4.2.6: Analyze the Potential of a
Housing Sustainability District or Workforce
Housing Opportunity Zone along the Corridor.

Affordable Housing can act as a catalyst for development and bring the population to an area that needs a critical mass of residents to support commercial uses. In addition, the Housing Element identifies a number of vacant and underutilized sites along the Corridor for affordable housing development. The City should evaluate the feasibility of adopting either a Housing Sustainability District (HSD) or Workforce Housing Opportunity Zone (WHOZ) along the corridor to promote and support
affordable housing development. Both designations would allow for ministerial review of housing development; however, the HSD requires that 20 percent of all district units be made affordable and that all district construction pays prevailing wages, while the WOHZ requires the adoption of a statute compliant Housing Development Plan (HDP). The City should evaluate which designations would be more appropriate for the Corridor.

STRATEGY 4.2.7: Promote Ground-Floor Retail in
Mixed-Use Center Overlay Areas .

Requiring ground-floor retail as part of all multifamily or office developments can result in a large amount of vacant groundfloor retail space. New retail will follow residential development.

To best support new retail along the corridor, the City should focus on short-term retail opportunities within the mixeduse center overlay areas which represent current and future centers of economic gravity where the corridor connects to existing neighborhoods.

STRATEGY 4.2.8: Allow Flexible Temporary Uses
in Ground-Floor Retail Spaces.

Until there are enough residents to support new retail along the corridor, the City should allow and encourage the use of flexible, temporary uses in ground floor spaces. Buildings should promote “retail ready” spaces that include minimum of 12-foot ceilings and are designed so that future compliance with the Americans with Disabilities Act of 1990 (ADA) for commercial use is not precluded. Temporary ground floor uses could include residential amenities, art gallery space, popup shops, or other short-term uses.

STRATEGY 4.2.9: Phased Development of
Subareas.

In the short-term, to build a critical mass that can support more intensive development along the corridor frontage, the City should allow for partial development of sites at lower intensities along the backs of parcels adjacent to existing residential neighborhoods. This provides density transitions that can appropriately step development intensity down from Corridor frontage sites to areas directly adjacent to single-family housing. On average, the CSP should achieve General Plan density/intensity goals.

STRATEGY 4.2.10: Adopt a Transfer of
Development Rights Program for the Corridor.

As a way to create value and encourage higher densities and intensities along the Corridor frontage, the City should adopt a transfer of development rights (TDR) program for each subarea (see Figure 3.4.2) or corridor segment (see Section 2.3) along the corridor. The program would allow parcels adjacent to singlefamily neighborhoods to sell excess development rights (density and/or FAR) to parcels along the corridor frontage. This would create value for parcels allowed to develop at lower intensities closer to existing single-family neighborhoods and promote higher densities/intensities along the Highway 111 Corridor.

STRATEGY 4.2.11: Hire a Housing Developer
Recruiter.

The City should consider hiring a consultant with ties to local, regional, and statewide multifamily residential developers to market the Corridor for development opportunities.

STRATEGY 4.2.12: Adopt a Development
Monitoring Program for tracking New
Development by Subarea.

The City should prepare and implement a Development
Monitoring Program (DMP), to systematically track the types, intensities and amounts of residential and commercial
development entitled and constructed within the Plan Area.

While the City does routinely review development in relation to General Plan
goals and objectives, because development within the
Downtown and 111 Corridor are top General Plan Priorities – classified in the “Make it Happen” priority level – a special program is warranted for the Corridor.

The vision for the amounts, types and intensities of development in the Corridor is ambitious and will require many years to be fully realized. As current and near-term market conditions are more likely to support lower development intensities than those envisioned in the long term, the standards of this Plan have been crafted to enable some development of Limited Uses as described in Section 3.14 to catalyze new development and bring early investment to the Corridor.

The DMP will provide the City with a tool to ensure that, over time, the amounts and types of development as envisioned by the General Plan and this Corridor Specific Plan are attained.

This program is intended to provide a reasonable degree of flexibility in the design and approval of individual development projects to meet current market conditions, while progressing steadily toward attainment of the community’s vision for the Plan Area. Key elements and actions of the DMP should include:
a. Master Table of “Development Targets”: Develop a
Master Table for the total number of dwelling units, square footages of retail uses, square footages of employment
uses, and potential targets for recreational uses and parks space. This master table will provide such totals on a
Subarea by Subarea basis - see Figure 3.4.2 – and for
the Plan Area overall. The Downtown Specific Plan Area
might also be considered for inclusion in this program, or a comparable program could be developed specifically for Downtown. While these are two distinct Specific Plans,
they are effectively one single real estate market, and the General Plan prioritizes them both in similar terms.

CHAPTER 4 | IMPLEMENTATION
248 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 249 b. General Plan EIR Consistency: The target totals in the Master Table should be closely correlated with the buildout estimates that informed the Project Description for the EIR Finding of Consistency prepared for the Corridor Specific Plan. The target totals might be further refined based on subsequent market analysis or policy direction from the City Council..
c. Ongoing Monitoring. On a continuous basis the City will tract the quantities and types of development in each
Subarea for which development applications have been
filed, for projects that have been entitled, and projects that are under construction or completed. The City will conduct a review – annually or some other interval,
as determined practical and effective – to compare
development totals for each Subarea to the target totals.

The development quantities – expressed as a percentage
of the target totals – will be compared to the percentage of the Subarea – by acreage – associated with the propose or built development.
d. Limited Uses. The DMP will define thresholds at which approval of Limited Land Uses approvable per the
requirements of Section 3.14 will no longer be considered. e. The DMP may also include provisions whereby developers of projects within the same Subarea – or potentially
also in adjacent or nearby Subareas – may buy or sell
“Credits” through the Transfer of Development Rights
(TDR) program recommended in Strategy 4.2.10.

4.3 | Economic Development
A. Introduction
Job-generating commercial uses along the Corridor should focus on providing living-wage opportunities for Indio residents.

These can include internships and apprenticeships for Indio students and residents, as well as higher paying jobs for workers at a variety of skill levels. Economic development opportunities can also focus on promoting small businesses and protecting the health of existing retail along the Corridor.

B. Policy and Strategies
STRATEGY 4.3.1: Adopt a Policy Prioritizing the
CSP as a Jobs Corridor
City staff should actively market and prioritize the Highway 111 Corridor for job-generating uses. Businesses looking for appropriate sites should be directed to first evaluate sites along the Corridor for development. City staff should create and maintain a database of CSP sites appropriate for jobgenerating uses documenting key site characteristics of interest to commercial users including visibility, access, developable area, easements, etc. City staff should also provide business concierge services to businesses locating along the corridor that provides guidance and assistance throughout the development and permitting processes.

STRATEGY 4.3.2: Hire Economic Development
Recruiter
The City should hire an economic development recruiter to assess and market sites along the Corridor to businesses. The recruiter should have experience with key industries located along the corridor including healthcare, government, and education, and have experience attracting new industries to similar locations.

STRATEGY 4.3.3: Target Key Industries for Growth.

The City should meet with representatives from key Corridor industries once a quarter to understand issues related to possible expansion, employment needs, and location factors to support the continued success of these industries, as well as any new or emerging industries. Discussions should include information related to critical adjacencies to customers or suppliers to inform City economic development staff about potential industries to target for future location, desirable workforce skills, and potential internship and apprentice programs. Key industries currently located along the Corridor for initial outreach include
a. Healthcare in subareas surrounding the JFK Hospital, b. Government in the southerly blocks of downtown across 111 from the County Justice Center,
c. Education in subareas around JFK Hospital and the Justice Center, and
d. Boutique auto technology and service use in the east end.

C. Policy and Strategies (continued)

CHAPTER 4 | IMPLEMENTATION
250 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 251 STRATEGY 4.3.4: Connect Corridor Businesses to
Workforce Development Organizations
The City should facilitate connections between Corridor businesses and institutions and workforce development
organizations, like College of the Desert, to promote the coordination of training programs and workforce development to support Corridor businesses.

STRATEGY 4.3.5: Annual Tour of East End
Industrial Uses
The City should coordinate a tour of commercial and industrial spaces located along the east end of the Corridor to promote the continued use of this area for job-generating services.

STRATEGY 4.3.6: Lobby for and Support
Legislation Provides Tax Incentives for New
Development.

The City should lobby for and support state legislation that could provide a property or other tax incentives to new development that creates or promotes economic growth. This could include new tax increment financing legislation, extensions or leveraging of Opportunity Zones, as well as other policies and programs under consideration.

STRATEGY 4.3.7: Adopt and Implement a Façade
and Frontage Improvement Program.

The City should evaluate the viability of implementing a Façade and Frontage Improvement Program within the 111 CSP. The program could provide matching grant funds or low-cost loans to property owners and tenants to improve and/or restore commercial building and property frontages along Highway 111.

Funds should be limited to those improvements that conform to the Development Standards and Design Guidelines of the CSP.

STRATEGY 4.3.8: Provide Business Support
Through Branding and Coordinated Marketing.

Coordinated branding and marketing of the 111 CSP can
strengthen existing retail and promote the success of new retail. The City should facilitate discussions with property owners and tenants about coordinated marketing campaigns that focus on existing and emerging retail nodes, rather than the entire corridor.

STRATEGY 4.3.9: Attend Annual Conferences
Related to Development and Business Attraction.

Form relationships with local chapters of the Urban Land Institute (ULI), International Economic Development Council (IEDC), and the International Council of Shopping Centers (ICSC) and attend one conference per year to meet developers, economic development practitioners, and/or expanding
retailers; stay apprised of land use, regulatory, and other trends that can assist City staff in successfully positioning and supporting 111 CSP businesses; and, market 111 CSP
opportunities.

A. Introduction
As a State Highway, the 111 Corridor public realm favors highspeed automobile traffic with little consideration for active transportation users. The 111 CSP envisions a Corridor with the ability to promote a wide range of users and mobility options for safe travel. Because the 111 CSP is not in need of new utilities to meet development capacity over the planning horizon, Public Realm improvements are focused on mobility improvements that will enhance the Corridor’s desirability and implement General Plan 2040 goals. Broadband improvements along
with others identified as part of ongoing efforts around the 2022-2024 Strategic Plan are included above, and should be prioritized along the Corridor.

B. Potential Improvments
Public realm improvements identified in Sections 3.6 and 3.7 of the CSP, particularly those related to street beautification, gathering places, and active transportation improvements will affect placemaking along the corridor, enhancing the desirability for people to live, work, and play, and creating a critical mass of people to support Corridor businesses. Areas for prioritization should match those identified as centers of economic gravity, namely the Mixed-Use Center Overlay areas.

4.4 | Public Realm Funding and Phasing
C. Policy and Strategies (continued)

CHAPTER 4 | IMPLEMENTATION
252 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | 253 C. Policy and Strategies
STRATEGY 4.4.1: Complete a Master Plan of
Arterial Streets for the 111 CSP.

The City should prepare a Master Plan of Arterial Streets (MPAS), to guide the design and help coordinate the phasing and financing of future improvements to Highway 111 and other major streets within the Plan Area.

This Plan defines that need for – and standards and procedures for – achieving a high level of coordination between the design of future infrastructure and public realm network within the private lands surrounding Highway 111 and existing major streets. In order to achieve the Plan’s vision for the systematic improvement of Highway 111 itself and other existing major streets, the City must take the lead in redesigning those public rights of way as multimodal urban streets that balance high quality facilities for pedestrians, bicycles and transit with accommodation for private automobiles. Key elements of the MPAS should include:
a. A master plan drawing identifying all segments of
all streets that are covered by the Master Plan. It is
recommended that these include – but need not be limited to the entire length of Highway 111 within the Indio City Limits and those portions of Indio Boulevard, Jackson
Street, Monroe Street, Clinton Street, Madison Street, and Jefferson Street, and Dr. Carreon Street for a few hundred feet to the south of Highway 111.
b. Geometric design of proposed lane configurations and medians, including wherever possible bicycle lanes and
curbside parking lanes. To the extent possible, bicycle and parking facilities and medians should be accommodated
by reconfiguration of vehicular lanes rather than moving existing curbs.
c. Design of new, wider sidewalks, separated from the curb by street tree and landscaping bands. In some cases,
sidewalks shown may encroach into private property, in
which case at the time of development or redevelopment
of those parcels the City should require the dedication of right of way – or the recordation of an irrevocable, unconditional public access easement – and the
construction of the sidewalk and associated landscaping. d. Design of new signalized intersections as shown on Figure

3.6.1. e. Prototypical designs for unsignalized intersections of arterial streets and cross streets, including right-in/rightout intersections and ingress and egress to and front side access lanes.
f. Conceptual landscape designs for medians and street
frontages.
g. Coordinated signage and branding.

It is additionally recommended that the MPAS include budget level cost estimates for street improvements by segment and by improvement type. This would be useful to the City in considering undertaking selected improvements as catalytic capital projects to help stimulate private development interest, creating a specific funding and financing strategy, and applying for funding grants.

STRATEGY 4.4.2: Create Enhanced Infrastructure
Financing District(s) to Pay for Improvements.

The City should begin creating one or more Enhanced
Infrastructure Financing Districts (EIFDs) to create a local funding source for public realm improvements. This source diverts future tax increments on parcels within its boundaries from the General Fund to a fund that can be used to pay for infrastructure improvements. EIFDs require voter approval but can be non-contiguous. The City should engage an EIFD consultant to evaluate possible boundaries, revenues, and fiscal impacts to the City’s General Fund from one or more EIFDs located within the 111 CSP. Priority areas should include those existing centers of economic gravity, including Midtown, the Downtown Gateway, and the Opportunity Zone.

STRATEGY 4.4.3: Evaluate the Potential to Create
One or More Business Improvement Districts in
the CSP.

The City should begin the process of speaking with businesses in the economic gravity centers to evaluate the potential to create Business Improvement Districts. BIDs require businesses to vote to tax themselves to pay for additional security and cleanliness, coordinated marketing strategies, and other services that can support a cluster of businesses. The services that a BID can provide differ from the improvements eligible under an EIFD. BID boundaries would also likely be smaller, covering the key retail nodes identified but excluding portions of the 111 CSP between nodes or off the Corridor.

STRATEGY 4.4.5: Pursue Federal, State, and
Regional Funding to Support Public Realm
Improvements.

Portions of the improvements could be eligible for funding from the sources listed below. The Funding and Financing Appendix provides additional information about funding sources and their applicability to the 111 CSP. The inclusion below indicates that the City would be eligible and competitive to receive funding. a. Regional Sources
i. Local Transportation Funds (LTF). Local Transportation Development (LTF) Funds are equal to one-quarter
cent of the statewide retail sales tax receipts. The
funds are returned to each county by the State
Board of Equalization based on the pro-rata share of
statewide retail sales and use taxes collected within
each area. Administration of LTF funds is undertaken
by the Coachella Valley Association of Governments
(CVAG). LTF can be used for the administration of the
Transportation Development Act (TDA), pedestrian
and bicycle facilities, the public transit system (both operations and capital), and streets and road projects. b. State Sources
i. Infrastructure State Revolving Loan Fund (ISRF). The California Infrastructure and Economic Development
Bank (I-Bank) loans money (ranging from $50,000
to $25 million) to public agencies and non-profits
for infrastructure projects that promote economic
development and revitalization.
ii. Caltrans Active Transportation Program (ATP).

The Caltrans Active Transportation Program (ATP)
consolidates funding from various transportation
programs at both the State and federal levels, including the federal Transportation Alternatives Program (TAP),
Bicycle Transportation Account (BTA), and State Safe
Routes to School. The goal of the ATP is to encourage
increased use of active modes of transportation,
including walking and biking, as well as the safety and mobility of non-motorized users.
c. Federal Sources
i. Infrastructure Investment and Jobs Act
Appropriations. Apply for direct appropriations from
the federal government via the Infrastructure Investment and Jobs Act. Local governments are eligible for funding for a wide range of projects through the $1.2 trillion
infrastructure act signed into law in 2021. Remaining
American Rescue Plan Act (ARPA) funds can also be used
to support infrastructure investment.
ii. Community Development Block Grants. For cities
that participate in the Community Development Block
Grant (CDBG) entitlement program, the Department
of Housing and Urban Development (HUD) offers
grants that can support a wide array of infrastructure
improvements, so long as they provide benefits to lowand moderate-income persons, prevent or eliminate slums or blight, and help to remediate urgent threats
to the health or welfare of the community for which
other funds are not available.
iii. Land and Water Conservation Fund. The Land and
Water Conservation Fund (LWCF) provides matching
funds to state and local government agencies that
contribute to developing public outdoor recreational
facilities.

CHAPTER 4 | IMPLEMENTATION
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4.5 | Anti-Displacement
A. Introduction
As implementation of the 111 CSP succeeds in making the Corridor more desirable for both commercial and residential uses and attracting new private investment, prices and rents in neighboring communities are likely to increase, leading to the potential displacement of existing residents. The following policies and strategies can help lessen the impact of gentrification and price pressures on the residents of adjacent communities.

B. Policy and Strategies
STRATEGY 4.5.1: Require Development
Agreements and/or Community Benefits
Agreements.

The City should consider requiring Development Agreements or Community Benefits Agreements for future market-rate development in cases where developers are asking the City for unique variances or concessions. This requirement can be phased in over time as market conditions change. Community Benefit Agreements may require developers to meet with the local community and agree to provide public benefits to benefit adjacent development and the community.

STRATEGY 4.5.2: Provide Technical Support to
Homeowners.

An effective strategy for maintaining local control of
neighborhoods involves providing technical support and
education to homeowners. This includes information on legal rights around foreclosure, home finance classes, and education on the value of their homes and the impacts of selling to future occupants vs. investors. This could also include providing support to tenants who have the opportunity to purchase condominium conversions of their rental units.

STRATEGY 4.5.3: Evaluate Local Density Bonus
Program
The City should evaluate the potential for a local density bonus program to deliver more affordable units than currently provided under state density bonus laws. The City can hire a consulting firm to evaluate program specifics on potential development feasibility and specify a program that developers would voluntarily undertake.

STRATEGY 4.5.4: Monitor Neighborhood
Displacement Risks.

The City should track key metrics to determine which
neighborhoods are at risk for gentrification and displacement.

Metrics include price appreciation rates, changing household incomes and demographics, and number of investor purchases.

As neighborhood risk increases, the City can step up antidisplacement strategies.

APPENDIX A : INFRASTRUCTURE
APPENDIX A | INFRASTRUCTURE
ADOPTED 9.21.22 | A-1
Appendix A Covers:

A.1 Background Report for Infrastructure Analysis. . . . . . . . . . . . . . . . . . . . . . . A-2 A.2 Transportation Memorandum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-36

APPENDIX A | INFRASTRUCTURE
A-2 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | A-3 Technical Memorandum
Date June 27, 2022
Prepared By: MSA consulting,
34200 Bob Hope Drive
Rancho Mirage, California 92270
Phone: (760) 320-9811
Subject: Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
The purpose of this Technical Memorandum (TM) is to present the background information for water, wastewater, stormwater, electric power, gas, communications, solid waste, and irrigation systems relevant to the environmental review process for the Highway 111 Corridor Specific Plan study area in the City of Indio. The findings and analysis are based on utility research and coordination with the various service purveyors, including Indio Water Authority (IWA), Valley Sanitary District (VSD), Imperial Irrigation District (IID), Southern California Gas Company (SoCal Gas), Charter Communications, and Frontier Communications. Relevant reference documents include the City of Indio General Plan 2040, Downtown Indio Specific Plan, and City of Indio Master Drainage Plan Update and other public resources cited herein. It is worth noting that the provided figures and maps are intended to be single-line diagrams of existing and master-planned backbone utilities focused on the Specific Plan area for planning-level purposes. Public utility companies have discretion and control on the level of detail that can be shared and published for their respective infrastructure. Moreover, the information provided in this assessment is not intended to preclude future development from undertaking the necessary project-specific utility research and cost estimates.

The Highway 111 Corridor Specific Plan area (“Specific Plan” or “SP”) covers approximately 944 acres (1.47 square miles) within the City of Indio. This extent follows the east-west alignment of Highway 111, starting from approximately 770 feet west of Jefferson Street (also the City’s westerly limits), to Indio Boulevard at its eastern limit. The northerly and southerly limits vary in distance from the Highway 111 axis and consist of developed and vacant properties. Developed parcels include residential, educational, commercial, institutional, and open space uses. Relevant landmarks include the Indio Grand Marketplace, Riverside County Fairgrounds, the John J. Benoit Detention Center, and Larson Justice Center. An eastern portion of the Specific Plan is adjacent to the Downtown Indio Specific Plan, which covers the proper downtown district. The north-south segment of the Coachella Canal crosses the SP area between Madison Street and Clinton Street. For planning purposes, Specific Plan has been divided into three primary segments: West, Midtown, and East with respective sub-areas. Where applicable, this analysis will organize its findings based on the three primary segments. A map overview of the Specific Plan location is provided in Figure 1.

Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
June 2022/Page 2
Figure 1 – Highway 111 Corridor Specific Plan
The Proposed Project (Preferred Alternative) would allow for potential development and redevelopment under three primary zoning designations. It is understood that the Proposed Project would not impose development standards on existing land uses, such as existing homes, businesses, and school sites. The three proposed zoning designations are: DU “Neighborhood Edge” (Low), DU “Neighborhood General” (Med), and DU “MU Corridor” (High). Based on the allowable uses and densities, the Specific Plan is estimated to include up to 5,157 dwelling units and 914,487 square feet of non-residential uses (retail/restaurant, commercial, industrial, hotel/lodging, and civic). The West segment would allow for up to 2,714 dwelling units and 333,727 square feet of non-residential uses among the three zoning designations. The Midtown segment would allow for up to 1,778 dwelling units and 518,025 square feet of non-residential uses among the three zoning designations. The East segment would allow for up to 666 dwelling units and 62,735 square feet of non-residential uses among the three zoning designations.

Additional detail on the proposed zoning and associated development standards is provided in the Specific Plan.

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1.0 WATER SERVICES AND GROUNDWATER MANAGEMENT
Existing Services:

Water service to the Highway 111 Corridor Specific Plan is provided by Indio Water Authority (IWA). The existing water distribution system by IWA covers approximately 38 square miles, consisting of 20 groundwater wells, seven storage reservoirs, one large main pressure zone, and two smaller development-based zones. These facilities are served by approximately 326 miles of distribution system pipes, ranging in diameter from 2 to 24 inches. The Coachella Valley Groundwater Basin is the primary groundwater source for the region, City of Indio and IWA. Based on a widely accepted estimate by the California Department of Water Resources (DWR), the Coachella Valley Groundwater Basin has an approximate storage capacity of 39.2 million acre-feet (AF) of water within the first 1,000 feet below ground surface. The Coachella Valley Groundwater Basin is divided into four subbbasins: Indio, Mission Creek, Desert Hot Springs, and San Gorgonio. The City of Indio and Specific Plan area are particularly underlain by the Indio Subbasin (also known as Whitewater River Subbasin), which is estimated by DWR to have approximately 29.8 million AF of storage, equivalent to approximately 76 percent of the total groundwater in the Coachella Valley Groundwater Basin.

The 2002 Coachella Valley Groundwater Management Plan was prepared in collaboration with other local stakeholders with a focus on reducing overdraft, preventing groundwater level decline, protecting groundwater quality, and preventing land subsidence. The subsequent 2010 Coachella Valley Groundwater Management Plan Update was prepared to document the accomplishments in reducing overdraft and address changed conditions since 2002. In 2014, the California Legislature signed a threebill legislative package into law, collectively known as the Sustainable Groundwater Management Act (SGMA), allowing local agencies to manage groundwater resources in a sustainable manner. SGMA required that a Groundwater Sustainability Plan (GSP) or Alternative Plan to a GSP (Alternative Plan) be adopted for basins and subbasins designated by the DWR as medium- and high-priority basins. Basin prioritization is based on a variety of factors such as population, number of wells, and other information determined to be relevant by DWR. The Indio Subbasin was designated as a medium-priority subbasin by DWR.

IWA and other local water purveyors collectively represent the Indio Subbasin Groundwater Sustainability Agencies (GSAs). In January 2017, the GSAs submitted to DWR the 2010 Coachella Valley Water Management Plan (2010 CVWMP), accompanied by an Indio Subbasin Bridge Document, as a SGMA-compliant Alternative Plan. On July 17, 2019, DWR approved the Alternative Plan with a requirement to submit an Alternative Plan Update by January 1, 2022 and every five years thereafter.

Based on the Indio Subbasin SGMA documentation, the combined strategies have resulted in significant groundwater storage increases across the subbasin, thus allowing the region to comply with the framework for sustainable management.

In 2019, IWA was among the six urban water suppliers in the Coachella Valley to collaborate on the preparation of the 2020 Coachella Valley Regional Urban Water Management Plan (2020 RUWMP) with regional and individual agency content. The 2020 RUWMP describes the region’s water supplies and anticipated demands through 2045, along with each agency’s programs to encourage efficient water use.

Highway 111 Corridor Specific Plan
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In June of 2021 IWA’s Water Shortage Contingency Plan (WSCP) was prepared to outline each agency’s actions that could be taken during a water shortage to reduce demands. According to the WSCP, drought conditions are not expected to affect the region’s Colorado River water supply due to the agency’s high priority allocation. Colorado River water is not the primary source of urban water supply since it is used for groundwater replenishment and non-potable uses. If a reduction in Colorado River water supply occurred, local agencies would initially reduce deliveries to groundwater replenishment projects.

Drought conditions in the Sierra Nevada would have an effect on the State Water Project (SWP) water allocation and reduce the exchange water received by local agencies. Since the SWP exchange water is used for replenishment of the groundwater basin and is not a direct source of urban water supply, water use restrictions due to drought involving the SWP water supply would likely be implemented only as a result of a prolonged drought. During dry periods when less imported water is available, groundwater production is expected to exceed the amount of recharge, and the volume in storage will be reduced.

However, these reductions can be reversed in years when additional imported water is available. The Coachella Valley Groundwater Basin is deemed to be a large basin which provides a buffer during dry periods, thus allowing the agencies to develop long-term plans and programs to manage regional water supplies.

On March 28, 2022, the California Governor called on all water agencies to consider moving to Level 2 of their Water Shortage Contingency Plans and take conservation actions to reduce water-use by all domestic water customers. IWA is understood to have aligned with the Stage II Water Shortage Contingency Plan and State water restrictions, as listed below per the Agency’s web site:
• Watering so much that it runs into the sidewalk, driveway, or other non-landscape areas. • Timely repair of broken sprinklers.
• Water during and after 48 hours of measurable rainfall. • Running water to wash vehicles. Use of buckets and shutoff nozzles on hoses is allowed. • Outdoor water use is prohibited during daylight hours for spray irrigation, except for leak checks. • Restaurants can serve water upon request.
• Reduce outdoor water use by 10%.
• Watering of "non-functional" turf in commercial, industrial, and institutional areas, i.e. areas not used for human recreational areas, except for health of trees and non-turf plantings.

It is worth noting that at the time of this assessment, the Level 2 Water Shortage Contingency Plan actions do not involve a limitation on land development activities, such as those that may be undertaken within the Specific Plan scope.

Local water purveyors collaborate with the operation and maintenance of three replenishment facilities serving the Indio Subbasin: Whitewater River Groundwater Replenishment Facility, the Thomas E. Levy Groundwater Replenishment Facility, and the Palm Desert Groundwater Replenishment Facility.

Artificial replenishment, or recharge, is recognized by the water districts as one of the most effective methods available for preserving local groundwater supplies, reversing aquifer overdraft and meeting demand by domestic consumers. Local agencies are known to have percolated over 650 billion gallons of water back into the aquifer. In the central part of the Coachella Valley, groundwater recharge is provided by the recently constructed first phase of the Palm Desert Groundwater Replenishment Facility, operated by CVWD. According to the CVWD web site, this facility is expected to add up to 25,000

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acre-feet of Colorado River water annually into the aquifer. Combined with water conservation and efficiency requirements, individual development projects can contribute to groundwater sustainability by implementing the required stormwater runoff retention and infiltration facilities. Local development standards require on-site retention facilities sized to contain and infiltrate project-related stormwater runoff up to the controlling 100-year storm event, thus contributing toward groundwater recharge instead of producing a condition of urban runoff discharge. The established groundwater replenishment facilities described above for the Indio Subbasin are not located on or near the Specific Plan area.

Therefore, from the aspect of land use and location, project implementation is not deemed to be in conflict with any existing or planned groundwater recharge facility or associated infrastructure.

Figure 2 provides a visual representation of existing water main lines along Highway 111. North-south trending laterals and mains are also present within the Specific Plan area.

Figure 2 – Existing Water Facilities Along Highway 111
Implications for Future Development:

Information obtained from utility research indicates that the entire span of Highway 111 within the SP area is improved with existing water delivery main lines, providing service via lateral lines to the properties on the north and south side of this corridor. According to the Indio General Plan 2040, IWA’s existing distribution system is deemed sufficient to meet Indio’s current and future demands, which by association would include the allowable development under the proposed Specific Plan. Additional Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
June 2022/Page 6
pumping, booster systems, and pressure zones will continue to be implemented through Capital Improvement Programs (CIPs) as needed to satisfy the system’s performance criteria.

The proposed Specific Plan Amendment will establish a combination of land uses with site-specific development standards to guide the development of the property in a manner that is consistent with the City of Indio General Plan. The proposed land uses and associated improvements are expected to incorporate water conservation measures, including the use of low-flow plumbing fixtures, droughttolerant (native) outdoor landscaping, and water-efficient irrigation systems. As a standard condition for service connections, the project operators will be expected to furnish the appropriate rate payment to IWA based on the meter size, ongoing flow charges, agency fees, and groundwater recharge fees.

Per IWA’s 2020 Regional Urban Water Management Plan (UWMP), the district had a 2020 target water use demand of 262 gallons per capita per day (gpcd). IWA’s actual per capita daily water use was 225 which is below the below the 2020 target. IWA achieved its 2020 water use target but continues to implement demand management measures to reduce per capita water use. New development is accounted for in IWA’s projected water use. Demand projections prepared for the UWMP considered the incorporation of codes and standards. The proposed project would connect primarily into the existing infrastructure along Highway 111. Water main lines will be extended to adequately serve the project in addition to an internal network of private lines to serve on-site development. The infrastructure and design components for future development are required to be consistent with IWA requirements and water management plan, including water conservation guidelines to mitigate impacts to public water supplies. Examples of these water conservation methods include water conserving plumbing fixtures, drought tolerant landscaping, and drip irrigation systems as well as on-site stormwater infiltration. Additional domestic water improvements necessary to serve this development will be identified by IWA and included as conditions of approval by the City of Indio during the City’s standard review process.

Extending water services to future development within the SP scope is expected to be a predictable processto be undertaken at the project-specific level with IWA. One of the potential challenges to water services improvements is the age of existing water line infrastructure outside of the Highway 111 corridor. Pursuant to California Senate Bill 610, certain project thresholds prompt the requirement for a Water Supply Assessment/Water Supply Verification process through the local water agencies. The project thresholds are as follows:
(1) A proposed residential development of more than 500 dwelling units. (2) A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space.
(3) A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space.
(4) A proposed hotel or motel, or both, having more than 500 rooms. (5) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.
(6) A mixed-use project that includes one or more of the projects specified in this subdivision.

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(7) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500-dwelling unit project.

2.0 WASTEWATER SERVICE
Existing Services:

Valley Sanitary District (VSD) provides wastewater collection and treatment and water reclamation services to an area of 12,768 acres, which includes a population of approximately 76,000, mainly serving the City of Indio. VSD operates and maintains 246 miles of sanitary sewer line and delivers over 6 million gallons per day (gpd) of wastewater to its 11 million gallons per day (mgd) wastewater treatment plant (WWTP) on Van Buren Street and Enterprise Way.

Two wastewater treatment plants (WWTP) provide, receive, and treat wastewater within the VSD service area. One WWTP is owned by VSD and the other is owned by the Coachella Valley Water District (CVWD). Most of the communities within the VSD service area receive sanitation service from one of these plants. The treatment plant owned by CVWD, CVWD WRP-7, treats a small percentage of the City’s wastewater. WRP-7, located at Avenue 38 and Madison Street, is a tertiary treatment facility that recycles the effluent it produces for non-potable uses for CVWD customers. VSD’s WWTP serves 96 percent of the City of Indio’s population. Most of the effluent from this WWTP is discharged to the Coachella Valley Stormwater Channel (CVSC) and a small percentage is sent to tribal lands for irrigation.

VSD WWTP consists of an activated sludge treatment process which treats approximately 6.5 million gallons per day (mgd) of wastewater with a maximum capacity of 10 mgd, a biological treatment pond process which treats all waste solids and approximately 0.5 mgd of wastewater, and a constructed wetlands treatment process. Overall, VSD WWTP treats approximately 7 mgd of wastewater and has a maximum capacity of 12 mgd. This plant has already completed the first part of a two-part expansion project which increased the capacity of the activated sludge treatment process to its current maximum.

The second part of the expansion project will further increase the maximum capacity of the activated sludge process to 18 mgd alongside other improvements.

Collection System Master Plan (CSMP) for Valley Sanitary District (VSD) was prepared in 2013. In March of 2019, a CSMP review was prepared to review and revise the sewer system capital improvements projections from the 2013 CSMP. The review involved modeling to identify potential areas of concern at various planning horizon conditions: existing conditions (2017), interim planning horizon conditions (2035), and build-out conditions. The model results indicate that no improvements are needed for the existing conditions (2017) and interim planning horizon conditions (2035). However, certain projects are still required to address the capacity deficiencies predicted by the model for build-out conditions. These projects are recommended no sooner than the planning horizon according to the results of this CSMP Review; however new development, changes in zoning and population, and changes in usage trends could cause areas to exceed design capacity sooner which would necessitate a project earlier than the interim horizon (2035). It is recommended that VSD initiate a new Master Plan Update and flow monitoring effort prior to 2035, ideally in the next four to eight years, in order to confirm these results and update model flows with field data. Areas of concern identified in this review should be prioritized for flow monitoring and should be monitored by operations staff in the meantime to ensure no capacity issues develop.

Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
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One potential improvement project within the Specific Plan area is the Highway 111 Interceptor, which would involve a pipe connecting the north side of Highway 111 to the Requa Interceptor to relieve Dr.

Carreon and increase the Highway 111 capacity in order to accommodate the jail expansion. The overall CSMP Review found one potential area of concern on Highway 111 between Oasis Street and Calhoun Street for the build-out conditions. At this point, only monitoring is recommended to consider implementation as part of future capital improvement projects.

Information obtained from utility research indicates that a majority of the Highway 111 span within the SP area is improved with existing sewer lines providing service to properties on the north and south side of this corridor. VSD is currently undergoing multiple projects to expand and improve various parts of its system. The Collection System Rehabilitation Program is a $60 million, ten-year project to repair and reconstruct approximately 100 miles of sewer collection system pipes. The design phase of this project began in 2019 and construction will begin in 2020. At the time of this assessment, approximately 2,255 lineal feet of pipe have been rehabilitated. Figure 3 provides a visual representation of existing sewer facilities within the Specific Plan.

Figure 3 – Existing Sewer Facilities
Implications for Future Development:

Future development under the Specific Plan would connect into the existing sewer main on Highway 111 and provide wastewater services to the site through a series sewer laterals. Future projects will undergo review by VSD and City staff to ensure wastewater capacity and compliance with the current wastewater

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treatment requirements, in consideration of the CSMP. Additionally, sewer and water installation and connection fees in place at the time of development will be collected by VSD. No new or expanded treatment facilities are expected as a result of project implementation, nor is the project expected to exceed wastewater capacity. Extending sewer services to future development within the SP scope is expected to be a similarly predictable process to be undertaken at the project-specific level in coordination with VSD.

3.0 STORMWATER AND FLOOD CONTROL
Existing Services:

The City of Indio and the Coachella Valley region are known to have some of the driest and hottest climate in California. The mean annual precipitation in the City is 3.3 inches, occurring mostly from November through April, and August through September, but its distribution and intensity can be sporadic in nature. Local thunderstorms may contribute all the average seasonal precipitation at one time or only a trace of precipitation for the entire season. At the Indio Fire Station, the record low annual precipitation was 0.35 inches in 1990, and 10.85 inches for a record high in 1939. The period of records is from 1894 to 2012 based on the data per National Oceanic and Atmospheric Administration (NOAA) National Weather Service.

In this context, Coachella Valley Stormwater Channel (CVSC) is the primary regional flood control facility serving the City of Indio and other areas of the Coachella Valley. As a partially lined, engineered extension of the Whitewater River, CVSC accepts agricultural irrigation return water and conveys treated wastewater, urban runoff, and stormwater runoff to the Salton Sea. Across the City of Indio, CVSC is physically improved with an engineered levee system that is operated and maintained by CVWD. The SP boundary does not include any portion of CVSC, but it is a relevant regional facility due to the local drainage conditions.

The La Quinta Evacuation Channel is another regional drainage facility in the western part of the City and Specific Plan vicinity. Completed in the late 1980’s, the channel was built to provide approximately 4.5 miles of protection by conveying stormwater in a northeasterly direction to confluence with CVSC.

Within the SP boundary, the existing channel has a 220-foot right-of way. Based on the facility as-built plans, the top of the channel slope has a design elevation of 50 feet above sea level. The unimproved bank descends approximately 18 feet in elevation at a 3.5-to-1 slope to the channel invert, which has a design width of 50 feet at an elevation of approximately 31 feet above sea level.

Additional existing regional drainage facilities, which are less relevant to the SP due to distance, include the East Side Dike along the foothills of north Indio, Waste Way 3 at the northeast area of the City, and a recently completed Phase I portion of the North Indio Regional Flood Control Channel. Phase II of the Channel is expected to be completed in 3-5 years.

In November of 2019, the City of Indio Master Drainage Plan (MDP) Update was completed to provide a comprehensive storm water strategy for addressing flood protection for both existing and future development within the City, including the SP area. The MDP reviewed existing conditions and flood prone areas to identify drainage facilities and opportunities for implementing Best Management Practices (BMPs), ground water recharge, green infrastructure, and water quality mitigation and Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
June 2022/Page 10
treatment. The alignment and location of the facilities proposed in the MDP update are conceptual.

Precise locations and size of the facilities will be dictated by site-specific conditions and other factors such as environmental, engineering, and economic considerations.

Based on the MPD inventory, the Specific Plan area is served by existing facilities (catch basins and lines) in portions of the West, Midtown, East areas. At the West, existing storm drain lines are located at portions of Highway 111 and Shields Road to convey runoff northerly to the La Quinta Evacuation Channel and CVSC. In the Midtown area, existing storm drain lines along 46th Avenue, Highway 111, Arabia Street, and Oasis Street are designed to convey flows into a regional retention basin located on County-owned property. At the easternmost portion of the SP area, storm drain lines exist along segments of Highway 111 and Indio Boulevard. At this eastern part of the SP, the MDP has identified a flood-prone area between Smurr Avenue and Calhoun Street. Figure 4 below identifies the existing and proposed storm drain facilities according to the MDP.

Figure 4 – Existing and Proposed Storm Drain Facilities Based on MDP Implications for Future Development:

The MDP proposes various storm drain improvements to serve the City and portions of the SP area. In particular, a 30-inch storm drain line is proposed for a segment of Jefferson Street to convey flows northerly to the La Quinta Evacuation Channel. This improvement would benefit the west-end of the SP area. To address the flood-prone area at the east-end of Highway 111, storm drain lines are also

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proposed for Highway 111 (between Jackson Street and Sage Street), Marylin Street, and Lorraine Street. These improvements would function with the proposed facilities within the Indio Downtown Specific Plan area to convey runoff into the South Jackson Soccer Park Basin. Outside of the SP area, other proposed storm drain facilities are planned to convey flows into CVSC. While these future improvements are designed to improve local stormwater management, the City of Indio requires new land development projects to retain the 100-year, 24-hour volume storm event on-site. Therefore, stormwater retention facilities are required to be factored into the site design of future development within the Specific Plan scope, such that new development projects do not result in a stormwater runoff discharge condition capable of impairing the storm drain system capacity operated by the City.

4.0 ELECTRIC POWER, GAS AND COMMUNICATION SERVICES
Electric Power
Imperial Irrigation District (IID) provides electric service to the Specific Plan area. IID is regulated by the California Public Utilities Commission (CPUC) and Federal Energy Regulatory Commission (FERC).

Electrical power is generated by a combined system of gas and coal production, oil, hydroelectricity, nuclear production, solar and wind technology, and energy purchase. Information obtained from utility research indicates that existing underground, overhead, and transmission lines are located along a majority of the SP area. Figure 5 provides a visual representation of the existing IID Electric Power Facilities.

Figure 5 – Existing IID Electric Power Facilities
Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
June 2022/Page 12
Implications for Future Development:

IID is understood to be experiencing challenge due to a lack of power transmission capacity affecting the eastern Coachella Valley, limiting the agency’s ability to issue will serve letters to land development projects depending on size and location. Electric power service may be considered one of the biggest challenges to land development activities in the Eastern Coachella Valley and Specific Plan area. The most common solution to new development is the implementation of new substation infrastructure, which may be cost prohibitive depending on the project size and funding. In recent months, IID has begun coordinating with various City leaders and stakeholders to identify potential solutions. A tentative capital improvement plan has been drafted to prioritize substation and distribution infrastructure needs.

However, no formal plan and course of action has been finalized in the ongoing recent efforts.

Future development within the Specific Plan scope will require coordination with IID to determine their capacity to serve the specific project. As a standard practice, IID is only enabled to provide capacity determinations based on project-specific load demands. Depending on project size, future development projects may require additional substation and distribution infrastructure with the associated costs. A preliminary estimate identifies a potential cost of $25 million of necessary infrastructure improvements per each of the three Specific Plan areas (West, Midtown and East). The sharing of such costs will vary based on the infrastructure investments made by the City and IID at the time of future development proposals.

As a condition of approval by the City, land development projects with on-site or adjacent overhead electric distribution lines are required to convert these facilities from overhead to underground (“undergrounding”), a process that involves an improvement cost with associated utility conflict challenges. For reference, electric distribution lines are those with a voltage of 33 kV or less and represent a majority of the existing electric lines operated by IID within the SP area. As a result, most land development projects within the SP area would likely be required to incur the cost and associated utility coordination of undergrounding on-site or adjacent facilities in order to satisfy the conditions of approval.

Natural Gas
Existing Services:

Southern California Gas Company (SoCal Gas), a publicly regulated utility, is the natural gas service provider to the City of Indio and Specific Plan. SoCal Gas has regional and local distribution lines in the City and its SOI and provides natural gas for space heating, domestic and commercial hot water, cooking, and air conditioning applications. Together, CPUC and FERC regulate SoCal Gas’ natural gas distribution and conveyance activities. FERC is an independent federal agency that regulates the interstate transmission of electricity, natural gas, and oil. CPUC regulates natural gas rates and natural gas services, including in-state transportation over the utilities' transmission and distribution pipeline systems, storage, procurement, metering, and billing. The availability of natural gas services is dependent upon current conditions of gas supply and regulatory policies.

Information obtained from utility research indicates that existing underground gas lines are located along the roadway network in a majority of the SP area. Refer to Figure 6 for a visual representation of existing facilities within the Specific Plan.

APPENDIX A | INFRASTRUCTURE
A-14| INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |A-15 Highway 111 Corridor Specific Plan
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June 2022/Page 13
Figure 6 – Existing Gas Facilities
Implications for Future Development:

Extending gas services to future development within the SP scope is expected to be a predictable process to be undertaken at the project-specific level in coordination with SoCal Gas.

Telecommunications
Existing Services:

Telecommunications services in the City of Indio are provided by various companies, in addition to satellite connection options. Charter Spectrum provides telephone, cable and internet service.

Telephone service, formerly provided by Verizon, is now offered by Frontier Communications. Both companies are regulated by the California Public Utilities Commission (CPUC.) A wide array of products and telecommunication services for residential and commercial uses are offered by both, including internet services, wireless services, television technology utilizing digital fiber optic technology, and satellite technology.

Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
June 2022/Page 14
Information obtained from utility research indicates that a variety of telecommunication facilities exist along roadways included within the Specific Plan. Refer to Figure 7 for a visual representation of existing facilities within the Specific Plan.

Figure 7 – Telecommunication Facilities (Charter and Frontier) Implications for Future Development:

Extending telecommunication services to future development within the SP scope is expected to be a predictable process to be undertaken at the project-specific level in coordination with Charter Spectrum and Frontier Communications.

5.0 SOLID WASTE SERVICES
Solid waste disposal and recycling services for the City of Indio is provided by Burrtec. Solid waste and recycling collected from the proposed project will be hauled to the Edom Hill Transfer Station. Waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Disposal Site, El Sobrante Sanitary Landfill and Lamb Canyon Disposal Site. Cal-Recycle data indicates the Bandlands Disposal site has 7,800,000 cubic yards of remaining capacity, the El Sobrante Landfill has a remaining capacity of 3,884,470 tons of solid waste, and Lamb Canyon Disposal has a remaining solid waste capacity of 19,242,950 cubic yards.

As part of its long-range planning and management activities, the Riverside County Waste Management

APPENDIX A | INFRASTRUCTURE
A-16| INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |A-17 Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
June 2022/Page 15
Department (RCWMD) ensures that Riverside County has a minimum of 15 years of capacity, at any time, for future landfill disposal. The 15-year projection of disposal capacity is prepared each year by as part of the annual reporting requirements for the Countywide Integrated Waste Management Plan. The most recent 15-year projection by the RCWMD indicates that no additional capacity is needed to dispose of countywide waste through 2024, with a remaining disposal capacity of 28,561,626 tons in the year 2024.

Burrtec Waste and Recycling Services provides solid waste recycling programs. The programs include recycling grass clippings and other landscape materials into compost for reuse as fertilizer, as well as backyard pick-up service for newspapers, glass, plastic, tin, and aluminum from residential areas.

Commercial recycling includes the above materials plus cardboard and green waste. In addition, Burrtec Waste and Recycling Services also provides free Household Hazardous Waste (HHW) pick-ups for residents. This includes paint, oils, pesticides, cleaners, and more.

The California Integrated Waste Management Act of 1989 (AB 939) requires each city or county’s source reduction and recycling element to include an implementation schedule showing that a city or county must divert 50 percent of solid waste from landfill disposal or transformation on an after January 1, 2000.

SB 1016, passed in 2008, required the 50 percent division requirement to be calculated in a per capita disposal rate equivalent. AB 341, passed in 2012, required that California increase its diversion rate to 75% by 2020.

The California Department of Resources Recycling Recovery (CalRecycle) tracks and monitors solid waste generation rates on a per capita basis. Per capita solid waste generation rates and total annual solid waste disposal volumes for the City of Indio between 2014 and 2018 are shown in Table 2 below.

Information for subsequent years, 2019 and 2020, is not available from this source.

Table 2 Waste Generation and Disposal for City of Indio Year Waste Generation Rates (Pounds/Person/Day) Total Disposal Tonnage Per Resident Per Employee (Tons/Year)
2014 3.70 20.20 55,326
2015 4.50 22.80 69,226
2016 4.60 23.70 72,938
2017 4.80 24.40 75,776
2018 4.90 24.40 79,284
Source: CalRecycle. 2020. Jurisdiction Per Capita Disposal Trends. Available at:
https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/ReviewReports/DisposalTonnageTrend As shown in Table 2, per capita waste generation and total annual disposal tonnage in Indio have increased between 2014 and 2018. The City’s per capita disposal rate appears to satisfy the target rate established by CalRecycle of 10.6 pounds/person/day for residents and but the target rate of 24.2 pounds/person/day for employees is slightly exceeded. The California Integrated Waste Management Act, also known as AB 939, requires that each city and county in California reduce the amount of waste disposed to the landfill by 50% from 1990 levels by the year 2000, and to maintain the 50% level thereafter. Municipalities face penalties of up to $10,000 per day for failure to comply. That is why diversion from construction sites, commercial and industrial, multi-family residential, single-family residential is deemed very important to the City of Indio.

Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
June 2022/Page 16
Implications for Future Development:

Securing solid waste services to future development within the SP scope is expected to be a predictable process to be undertaken at the project-specific level in coordination with Burrtec.

6.0 IRRIGATION INFRASTRUCTURE (BUREAU OF RECLAMATION)
The eastern Coachella Valley’s agricultural areas have historically been served by an irrigation system owned by the Bureau of Reclamation (BOR) and managed by Coachella Valley Water District (CVWD). A segment of the 122-mile Coachella Canal crosses the SP area between Madison Street and Clinton Street.

This facility is designed to deliver nearly a million acre-feet of water in a year, primarily for agricultural uses in the eastern Coachella Valley. Water is conveyed entirely by gravity flow. At the point that it crosses the SP area, flows have a north-to-south direction. The Canal’s lateral distribution system delivers water at the highest point of every 40 acres of eligible land within the district's service area.

Within the SP area, this distribution system stemming from the Coachella Canal includes irrigation lines along segments of Avenue 46, Highway 111, Arabia Street, and Dr. Carreon Boulevard. The implications of existing irrigation facilities to land development projects within the SP area imply potential time resources due to the necessary coordination with CVWD. Avoiding the disturbance of existing irrigation facilities would prevent the coordination time and associated resources.

Figure 8 – Existing Irrigation Facilities

APPENDIX A | INFRASTRUCTURE
A-18| INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |A-19 Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
June 2022/Page 17

7.0 INFRASTRUCTURE COST IMPLICATIONS
Given the extent of the Specific Plan area and allowable uses that may be developed according to various factors, such as parcel configuration, ownership and market demand, the assessment of potential infrastructure and service costs is provided in a categorical, rather than quantitative, manner to distinguish potential influence of such utility and service costs on future development under. Certain utilities and services are expected to involve a predictable process with utility research and coordination at the project-specific level. Actual costs for utility relocations and new facilities can only be determined upon the completion of an approved design by the utility agency.

Solid Waste: Obtaining solid waste services would involve project-specific coordination with Burrtec to account for the services commensurate with the land use and size (e.g. commercial establishments or residential dwelling units). Burrtec services would likely involve construction-related solid waste and recycling management. Service fees would be set for the enrollment of new service accounts directly with the operators or owners at the occupancy stage. The potential cost levels of solid waste services are not known to be an impairment to carrying out land development.

Telecommunications: Obtaining telecommunication services would involve project-specific coordination with Charter Spectrum and Frontier Communications. Such service purveyors are understood to extend service infrastructure based on project-specific needs, rather than a master-planned approach, so future projects may incur an initial development fee furnished by the developer or by the account holders enrolling in such services. The potential cost levels of telecommunications improvements are not known to be an impairment to carrying out land development.

Irrigation (Bureau of Reclamation): Although future development may not involve the construction of new agricultural irrigation infrastructure, certain proposed projects occupying land with existing irrigation delivery facilities, such as stand pipes and underground lines owned by the Bureau of Reclamation, may incur a potential cost for proper disposition of such facilities, such as protection or abandonment. Coordination for disposition would start with CVWD as the manager of such facilities, but may also involve the Bureau of Reclamation for certain approvals. The handling of existing irrigation delivery infrastructure on a site may pose a significant cost based on the scale and nature of a future project, as well as the disposition method for existing facilities to be undertaken.

Water: Obtaining water services would involve project-specific utility research and coordination with IWA to determine the expected demand costs according to the scale of development. Projects of certain sizes, such as those involving more than 500 residential dwelling units, may trigger a requirement for a Water Supply Assessment/Water Supply Verification process pursuant to California Senate Bill 610. This project-specific assessment would undergo the review and approval process under IWA and may represent an additional cost to development. Future rate payers will incur the conventional service fees, which also include groundwater recharge fees. The potential cost levels of water improvements, including meter fees and service lines, are not known to be an impairment to carrying out development.

Wastewater: Obtaining wastewater services would involve project-specific utility research and coordination with VSD to identify the necessary extent of connections and fixtures to serve the site, along with the associated impact fees. The potential cost levels of wastewater (sewer) improvements are not known to be an impairment to carrying out development.

Highway 111 Corridor Specific Plan
Background Report for Infrastructure Analysis
June 2022/Page 18
Stormwater: In a general sense, future project proposals would not require public stormwater services and would not rely on public MS4 infrastructure to carry out development, but would incur costs through the City’s requirement for private on-site storm drainage and retention system improvements. In certain cases, a project may be required to accept and infiltrate runoff from off-site tributary street areas. The most common method of retention consists of surface basins sized according to the project size. The potential cost levels of stormwater improvements are not known to be an impairment to carrying out development.

Gas: Obtaining gas services would involve project-specific utility research and coordination with Southern California Gas to determine the associated costs for extending the utilities to the site, future rate payers will incur the conventional service fees. The potential cost levels of gas line improvements and services are not known to be an impairment to carrying out development.

Electric Power: Electric power potentially represents the highest cost implications for utility infrastructure, in part due to a recognized deficiency in electric transmission capacity that is affecting the service reliability and capacity to serve new development in the Eastern Coachella Valley. As a result, certain new projects are being required to contribute toward the cost of new substation and delivery facilities. IID and Eastern Coachella Valley communities have begun coordinating on identifying the areas of need. A preliminary estimate indicates a potential cost of approximately $25 million for substation and delivery facilities for each segment of the Specific Plan area. The distribution of costs would be based on timing and scale of future development, as well as the progress of IID’s efforts to construct the needed infrastructure.
.

HWY 111
48TH AVE

MILES AVE

MONROE ST

JEFFERSON ST
I-10

MADISON ST

JACKSON ST
46TH AVE

CLINTON ST
46TH ST

GOLF CENTER PKWY

DR CARREON BLVD

WESTWARD HO DR

DOCTOR CARREON BLVD

JACKSON ST

INDIO BLVD

MADISON ST

FRED WARING DR
0 700 1,400 2,100 2,800
FT
DATE: 6/20/2022
HIGHWAY 111 CORRIDOR SPECIFIC PLAN
WEST

MIDTOWN MIDTOWN
EAST

SHIELDS RD

ARABIA ST

OASIS STCALHOUN ST

MONROE ST

YOUNGS LN

CHEYENNE RD

REQUA AVE

KING ST

BLISS AVE

LA QUINTA

EVACUATION CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

UNION PACIFIC RR

COACHELLA CANAL

DOWNTOWN
48TH AVE
HWY 111

MILES AVE
I-10

MONROE ST
44TH AVE

JEFFERSON ST

MADISON ST

FRED WARING DR

JACKSON ST
46TH AVE

VAN BUREN ST

CLINTON ST

GOLF CENTER PKWY

WESTWARD HO DR

DOCTOR CARREON BLVD

JACKSON ST

INDIO BLVD

MADISON ST
0 750 1,500 2,250 3,000
FT
DATE: 3/10/2021

EXISTING WATER FACILITIES
HIGHWAY 111 CORRIDOR SPECIFIC PLAN
LEGEND
HIGHWAY 111 CORRIDOR PLAN BOUNDARY

WATER MAIN LINES
DATA SOURCES: RIVERSIDE COUNTY
IT-GIS (JAN. 2021), USGS, ESRI

SHIELDS RD

ARABIA ST

OASIS STCALHOUN ST

MONROE ST

YOUNGS LN

CHEYENNE RD

REQUA AVE

KING ST

BLISS AVE

LA QUINTA

EVACUATION CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

UNION PACIFIC RR

COACHELLA CANAL
48TH AVE
HWY 111

MILES AVE
I-10

MONROE ST
44TH AVE

JEFFERSON ST

MADISON ST

FRED WARING DR

JACKSON ST
46TH AVE

VAN BUREN ST

CLINTON ST

GOLF CENTER PKWY

WESTWARD HO DR

DOCTOR CARREON BLVD

JACKSON ST

INDIO BLVD

MADISON ST
0 750 1,500 2,250 3,000
FT
DATE: 3/10/2021

EXISTING VALLEY SANITARY DISTRICT (VSD) SEWER FACILITIES HIGHWAY 111 CORRIDOR SPECIFIC PLAN
LEGEND
HIGHWAY 111 CORRIDOR PLAN BOUNDARY

EXISTING SEWER (VSD) FACILITIES
DATA SOURCES: RIVERSIDE COUNTY
IT-GIS (JAN. 2021), USGS, ESRI

SHIELDS RD

ARABIA ST

OASIS STCALHOUN ST

MONROE ST

YOUNGS LN

CHEYENNE RD

REQUA AVE

KING ST

BLISS AVE

LA QUINTA

EVACUATION CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

UNION PACIFIC RR

COACHELLA CANAL

DOWNTOWN
48TH AVE
HWY 111

MILES AVE
I-10

MONROE ST
44TH AVE

JEFFERSON ST

MADISON ST

FRED WARING DR

JACKSON ST
46TH AVE

VAN BUREN ST

CLINTON ST

GOLF CENTER PKWY

WESTWARD HO DR

DOCTOR CARREON BLVD

JACKSON ST

INDIO BLVD

MADISON ST
0 750 1,500 2,250 3,000
FT
DATE: 3/10/2021

EXISTING AND PROPOSED STORM DRAIN FACILITIES BASED ON MDP HIGHWAY 111 CORRIDOR SPECIFIC PLAN
LEGEND
HIGHWAY 111 CORRIDOR PLAN BOUNDARY

EXISTING LINES

PROPOSED LINES

FLOOD-PRONE AREAS
DATA SOURCES: RIVERSIDE COUNTY
IT-GIS (JAN. 2021), USGS, ESRI
BASIN

SHIELDS RD

ARABIA ST

OASIS STCALHOUN ST

MONROE ST

YOUNGS LN

CHEYENNE RD

REQUA AVE

KING ST

BLISS AVE

LA QUINTA

EVACUATION CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

UNION PACIFIC RR

COACHELLA CANAL

DOWNTOWN
48TH AVE
HWY 111

MILES AVE
I-10

MONROE ST
44TH AVE

JEFFERSON ST

MADISON ST

FRED WARING DR

JACKSON ST
46TH AVE

VAN BUREN ST

CLINTON ST

GOLF CENTER PKWY

WESTWARD HO DR

DOCTOR CARREON BLVD

JACKSON ST

INDIO BLVD

MADISON ST
0 750 1,500 2,250 3,000
FT
DATE: 3/10/2021

EXISTING IMPERIAL IRRIGATION DISTRICT (IID) ELECTRIC FACILITIES HIGHWAY 111 CORRIDOR SPECIFIC PLAN
LEGEND
HIGHWAY 111 CORRIDOR PLAN BOUNDARY

ELECTRIC FACILITIES
DATA SOURCES: RIVERSIDE COUNTY
IT-GIS (JAN. 2021), USGS, ESRI

SHIELDS RD

ARABIA ST

OASIS STCALHOUN ST

MONROE ST

YOUNGS LN

CHEYENNE RD

REQUA AVE

KING ST

BLISS AVE

LA QUINTA

EVACUATION CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

UNION PACIFIC RR

COACHELLA CANAL

DOWNTOWN
48TH AVE
HWY 111

MILES AVE
I-10

MONROE ST
44TH AVE

JEFFERSON ST

MADISON ST

FRED WARING DR

JACKSON ST
46TH AVE

VAN BUREN ST

CLINTON ST

GOLF CENTER PKWY

WESTWARD HO DR

DOCTOR CARREON BLVD

JACKSON ST

INDIO BLVD

MADISON ST
0 750 1,500 2,250 3,000
FT
DATE: 3/10/2021

EXISTING SOUTHERN CALIFORNIA GAS (SOCAL GAS) COMPANY FACILITIES HIGHWAY 111 CORRIDOR SPECIFIC PLAN
LEGEND
HIGHWAY 111 CORRIDOR PLAN BOUNDARY

GAS LINES
DATA SOURCES: RIVERSIDE COUNTY
IT-GIS (JAN. 2021), USGS, ESRI

SHIELDS RD

ARABIA ST

OASIS STCALHOUN ST

MONROE ST

YOUNGS LN

CHEYENNE RD

REQUA AVE

KING ST

BLISS AVE

LA QUINTA

EVACUATION CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

UNION PACIFIC RR

COACHELLA CANAL

DOWNTOWN
48TH AVE
HWY 111

MILES AVE
I-10

MONROE ST
44TH AVE

JEFFERSON ST

MADISON ST

FRED WARING DR

JACKSON ST
46TH AVE

VAN BUREN ST

CLINTON ST

GOLF CENTER PKWY

WESTWARD HO DR

DOCTOR CARREON BLVD

JACKSON ST

INDIO BLVD

MADISON ST
0 750 1,500 2,250 3,000
FT
DATE: 3/10/2021

EXISTING TELECOMMUNICATION FACILITIES (CHARTER AND FRONTIER) HIGHWAY 111 CORRIDOR SPECIFIC PLAN
LEGEND
HIGHWAY 111 CORRIDOR PLAN BOUNDARY

EXISTING TELECOMMUNICATIONS
DATA SOURCES: RIVERSIDE COUNTY
IT-GIS (JAN. 2021), USGS, ESRI

SHIELDS RD

ARABIA ST

OASIS STCALHOUN ST

MONROE ST

YOUNGS LN

CHEYENNE RD

REQUA AVE

KING ST

BLISS AVE

LA QUINTA

EVACUATION CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

COACHELLA VALLEY STORMWATER CHANNEL

UNION PACIFIC RR

COACHELLA CANAL

DOWNTOWN
48TH AVE
HWY 111

MILES AVE
I-10

MONROE ST
44TH AVE

JEFFERSON ST

MADISON ST

FRED WARING DR

JACKSON ST
46TH AVE

VAN BUREN ST

CLINTON ST

GOLF CENTER PKWY

WESTWARD HO DR

DOCTOR CARREON BLVD

JACKSON ST

INDIO BLVD

MADISON ST
0 750 1,500 2,250 3,000
FT
DATE: 3/10/2021

EXISTING BUREAU OF RECLAMATION FACILITIES
HIGHWAY 111 CORRIDOR SPECIFIC PLAN
LEGEND
HIGHWAY 111 CORRIDOR PLAN BOUNDARY

BOR COACHELLA CANAL

BOR IRRIGATION FACILITIES
DATA SOURCES: RIVERSIDE COUNTY
IT-GIS (JAN. 2021), USGS, ESRI

APPENDIX A | INFRASTRUCTURE
A-36| INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |A-37

MEMORANDUM
Date: April 19, 2022
To: Anna Choudhuri, Rincon
From:

CC:

Jason D. Pack, P.E.

Biling Liu
David Sargent, Sargent Town Planning
Peter VanderWal, Sargent Town Planning
Andrew Krizman, Sargent Town Planning
Subject: Highway 111 Corridor Plan
OC20-0758
The Highway 111 Corridor Plan proposes specific design guidance related to land use and the transportation network along the Highway 111 corridor in the City of Indio. As part of that effort, Fehr & Peers reviewed the land use associated with the project to verify that the traffic (including the number of trips and associated VMT from the project) fits within the envelope of what was evaluated as part of the City’s CEQA document prepared for the Indio General Plan. The purpose of this memorandum is to summarize the results of that review.

Corridor Plan Description
Table 1 compares the proposed development under the Highway 111 Corridor Plan to what is allowable under the City’s General Plan zoning. This comparison was completed by Sargent Town Planning.

As shown in Table 1, the Highway 111 Corridor Plan reduces the number of units within the corridor by approximately 3,400 units and reduces the non-residential development by approximately 1,472,000 square feet.

In addition to the reduced land use, the corridor plan includes additional local roadway connectivity in the study area. Roadway connectivity (e.g. increasing the number of intersections per square April 19, 2022

mile) promotes accessibility, creates a more walkable and bikeable network, and reduces VMT compared to a less-connected roadway network.

Table 1 – Plan Comparison
Highway 111 Corridor Plan City of Indio General Plan
Increase of approximately 5,200 Dwelling
Units
Increase of 8,600 Dwelling Units (in Connected
Neighborhood, Mid-Town, and Mixed-Neighborhood)
Increase of approximately 550,000 sq. ft. of
non-residential sq. ft.

Increase of approximately 2,022,000 non-residential sq. ft. of employment use (in the Workplace Employment
District, Public and Institutional, Mid-Town, Mixed Use Neighborhood, and Connected Neighborhood)
VMT Comparison
The proposed reduction in residential units and non-residential square footage reduction when compared to what is allowed under the General Plan will both decrease the total number of trips generated in the corridor plan area and will decrease the total VMT generated in the area.

Additionally, the increased intersection density (e.g. improved roadway network) along with improved sidewalks and bicycle infrastructure will also reduce the number of trips in the area (since biking and walking will be easier) and will reduce the average trip length in the area since land uses are more connected1. All these project attributes will reduce both the number of trips and the VMT generated by those trips relative to what is allowed by the adopted General Plan. As such, the project, from a transportation perspective, would result in fewer impacts to that resource category.

This reduction would also likely improve resource categories that rely on transportation data (like Air Quality, Noise, Energy, and Greenhouse Gas assessment)); however, experts in those areas should review the results to verify that conclusion.

If you have any questions or concerns, please contact Jason Pack at 949.308.6312. 1 Cervero, R., & Kockelman, K. (1997). Travel demand and the 3Ds: Density, diversity, and design.

Transportation Research Part D: Transport and Environment, 2(3), 199–219. https://doi.org/10.1016/S1361- 9209(97)00009-6

APPENDIX B : INDIO MARKETPLACE AGREEMENT
APPENDIX B | INDIO MARKETPLACE AGREEMENT
ADOPTED 9.21.22 | B-1
Appendix B Covers:

B.1. Development Agreement between HCL Indio Land Development, LLC & City of Indio . . . . . .B-2 “Exhibit A” - Legal Description of Property and Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-23 “Site Plan” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-57 “Exhibit B” - Project Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-58 “Exhibit C” - Description of Off-Site Public Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-62 “Exhibit D” - Legal Description of Park Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-63

APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-2 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 | B-3 B.1. Development Agreement - HCL Indio Land Development, LLC 1 RECORDING REQUESTED By
WHEN RECORDED MAIL TO:

City of Indio
Attn: City Clerk
Indio City Hall
100 Civic Center Mall
Indio, CA 92210
No Recording Fee, Government Code Section 6103 (Above Space for Recorder’s Use Only)

DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this 5thst day of October 2022, by and among the City of Indio, a California municipal corporation (the “City”), and HCL Indio Land Development, LLC, a Delaware limited liability company (“Developer”). The City and the Developer are individually referred to herein as a “Party” and collectively referred to as the “Parties.”

RECITALS
This Agreement is made and entered into with regard to the following facts, each of which is acknowledged as true and correct by the Parties to this Agreement:

A. California Government Code Section 65864, et seq. (the “Development Agreement Statute”) authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; B. Developer has the right to acquire that certain real property located in the City of Indio, California and described in Exhibit A attached hereto and incorporated herein by reference and hereinafter is referred to as the “Property.” Developer intends to construct and develop or cause the construction and development of the Project, which generally includes multi-family housing, townhomes, hotel and retail shops and associated parking lots on the Property; C. Developer has applied to the City for approval of this mutually binding Agreement, pursuant to the provisions of the Development Agreement Act and other applicable laws; D. Developer desires to develop the Property in accordance with the provisions of this Agreement, the Applicable Rules and those laws and regulations of other agencies exercising jurisdiction over the Property.

E. Developer has applied for, and City has approved, this Agreement in order to create beneficial development of the Property and a physical environment that will conform to and complement City’s goals, create development beneficial to the community including additional housing, and otherwise provide for the development of the Property in accordance with City’s best interests;
2 F. To provide such certainty, the City desires, by this Agreement, to provide the Developer with assurance that the Developer can proceed with development of the Project with the uses, density and other land use characteristics specified in the Project Approvals. The Developer would not enter into this Agreement, or agree to provide the public benefits and improvements described therein without the City’s agreement that the Project can be developed, during the Term of this Agreement, with the uses, density and other land use characteristics specified in the Project Approvals;
G. The City has determined that, as a result of the development of the Project in accordance with the Project Approvals and this Agreement, substantial benefits will accrue to the public, including without limitation, the provision of housing and the development of hospitality uses and retail on property that has been vacant for over 20 years; H. The City Council has specifically considered and approved the impact and benefits of this Project upon the welfare of the City and has concluded this Agreement is in the City’s best interest;
I. The following actions have been taken with respect to this Agreement and the Project:
(1) On August 24, 2022, pursuant to the requirements of the Development Agreement Act, the Planning Commission of the City of Indio conducted a hearing on the Developer’s application for this Agreement and the proposed Finding of Consistency (CEQA) (the “Environmental Document”) and following the hearing the Planning Commission recommended that the City Council approve this Agreement;
(2) On September 21, 2022 after a duly noticed public hearing and pursuant to the California Environmental Quality Act (Cal. Pub. Resources Code, § 21000 et seq.) (“CEQA”), as amended, the City Council adopted Resolution 2035 adopting the Environmental Document for this Agreement;
(3) On September 21, 2022, following a duly noticed public hearing, the City Council introduced Ordinance No. 1783 and on October 5, 2022 held the second reading and adopted Ordinance No. 1783 approving this Agreement, a copy of which is on file in the City Clerk’s Office at City Hall, which ordinance includes the findings pertaining thereto, including those relating to the CEQA documentation for the Project and this Agreement’s consistency with City’s General Plan and each element thereof and the Specific Plan relating to the Project; (4) All actions taken by City have been duly taken in accordance with all applicable legal requirements, including CEQA, and all other requirements for notice, public hearings, findings, votes and other procedural matters.

J. Pursuant to Section 65867.5 of the Development Agreement Act, the City Council has found and determined that: (i) this Agreement implements the goals and policies of City’s General Plan and the Highway 111 Corridor Specific Plan, provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within City; (ii) this

APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-4 | INDIO 111 CORRIDOR SPECIFIC PLAN 3 ADOPTED 9.21.22 | B-5 Agreement is in the best interests of and not detrimental to the public health, safety and general welfare of City and its residents; (iii) adopting this Agreement is consistent with City’s General Plan, and each element thereof, and the Highway 111 Corridor Specific Plan, and constitutes a present exercise of City’s police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Sections 65867 and 65867.5 of the Development Agreement Act.

NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Act, as it applies to the City, and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT

1. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context requires:

1.1 “Agreement” means this Development Agreement, including all exhibits attached hereto and all amendments and modifications hereto.

1.2 “Applicable Rules” means the rules, regulations, ordinances, resolutions, codes, guidelines, and officially adopted procedures and official policies of the City governing the use and development of real property, including, but not limited to, the City’s Zoning Regulations and building regulations, adopted as of the Effective Date. Among other matters, the Applicable Rules set forth and govern the permitted uses of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction guidelines, standards and specifications applicable to the development of the Property.

1.3 “Authorizing Ordinance” means Ordinance No. 1783 approving this Agreement.

1.4 “Conditions of Approval” shall mean those conditions of approval imposed by the City upon the Project Approvals.

1.5 “Developer Fees” shall mean those fees established, adopted, or imposed by the City pursuant to Section 66000-66008, of the Government Code of the State of California or the California Subdivision Map Act to offset the impact of development on the City’s capital facilities. Such fees may include impact fees, linkage fees, exactions, assessments, fair share charges, or other similar impact fees imposed by the City on or in connection with new development. Developer Fees shall also include fees levied by other public entities and required to be collected by the City. Developer Fees do not mean or include Processing Fees.

1.6 “Development Agreement Act” means Article 2.5 of Chapter 4 of Division 1 of Title 7 (Sections 65864 through 65869.5) of the California Government Code (as the same may be amended and/or re-codified from time to time).
4 1.7 “Director” means the City’s Community Development Director.

1.8 “Discretionary Action” or “Discretionary Approval” means an action which requires the exercise of judgment, deliberation or a discretion on the part of the City, including any board, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which is defined herein as a Ministerial Permit or Ministerial Approval.

1.9 “Effective Date” means the date the Authorizing Ordinance becomes effective.

1.10 “Ministerial Permit(s)” or “Ministerial Approval(s)” means a permit or approval, including, but not limited to, building permits, grading permits, and certificates of occupancy, which requires the City, including any board, agency, commission or department or any officer or employee thereof, to determine whether there has been compliance with applicable rules, statutes, ordinances, conditions of approval, and/or regulations, as distinguished from an activity which is included in the definition of Discretionary Action or Discretionary Approval.

1.11 “Mortgage” means any mortgage, deed of trust, encumbrance, sale leaseback or other security interest encumbering all or any portion of the Property, whether now or hereafter existing, given by Developer for the purpose of securing funds to be used for financing or refinancing the Property or any portion thereof, financing or refinancing the construction of improvements thereon and/or any other expenditures reasonably necessary and appropriate to develop the Project.

1.12 “Mortgagee” means the holder of the beneficial interest under any Mortgage.

1.13 “Processing Fees” means all processing fees and charges required by the City that are applied uniformly to all construction or development related activity including, but not limited to, fees for land use applications, building permit applications, building permits, grading permits, hauling permits, encroachment permits, demolition permits, subdivision or parcel maps, lot line adjustments, street vacations, inspections, certificates of occupancy and plan check.

Processing Fees shall not mean or include Developer Fees. In addition, any and all fees payable under the current Applicable Rules shall be deemed to be included within the term “Processing Fees” and not to be included within the term “Developer Fees,” whether the same are payable upon issuance of a building permit, upon connection of a utility or upon issuance of a certificate of occupancy.

1.14 “Project” means the development project as described in Exhibit B as modified by the Project Approvals.

1.15 “Project Approvals” shall include, collectively, this Agreement, the Highway 111 Corridor Specific Plan approved by the City with respect to the Project and shall include any Subsequent Project Approvals (as hereafter defined).

APPENDIX B | INDIO MARKETPLACE AGREEMENT
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1.16 “Property” means the real property described in Exhibit A attached hereto.

1.17 “Reserved Powers” means the power and authority of the City to enact regulations and/or take Discretionary Action if the same is expressly found by the City to be necessary to protect residents of the City, those employed in the City, or visitors to the City, from a condition that is dangerous to public health or safety or if the same is required to comply with California or federal laws (whether enacted previous or subsequent to the Effective Date of this Agreement).

1.18 “Specific Plan” means the Highway 111 Corridor Specific Plan dated August 2022 and approved by the City Council pursuant to Resolution No. 10326 on September 21, 2022.

1.19 “Subsequent Land Use Regulations” means any change in or addition to the Applicable Rules adopted after the Effective Date of this Agreement, including, without limitation, any change in any applicable general or specific plan, zoning, subdivision, or building regulation, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever by the City Council, Planning Commission or any other board, agency, commission or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project.

1.20 “Subsequent Project Approvals” shall mean further Discretionary Actions or Discretionary Approvals, Ministerial Permits and Ministerial Approvals required to carry out the Project, including design review. Following adoption or approval, a Subsequent Project Approval shall become a Project Approval.

1.21 “Zoning Regulations” shall mean the official zoning regulations of the City adopted as of the Effective Date of this Agreement.

2. Recitals of Premises Purpose and Intent.

2.1 State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property, Section 65864 of the Development Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
“(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and a commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. “(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, 6 rules and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.”
Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties.

2.2 The Project. The Developer intends to develop or cause to be developed the Property as described in the Project Approvals and the final plans submitted to the City, subject to the Applicable Rules, the Project Approvals, and the Conditions of Approval. The Parties hereby agree that, for the Term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, provisions for reservation or dedication of land for public purposes and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development of the Property shall be those set forth in the Project Approvals, the Applicable Rules and this Agreement, including the Conditions of Approval.

3. Property Subject to Agreement. This Agreement shall apply to all of the Property.

4. Application of Agreement. This Agreement shall apply to the development and use of the Property. Such development shall be in accordance with the Project Approvals as the same may lawfully be amended from time to time other than by initiative and this Agreement.

5. Term and Effective Date.

5.1 Term. The term of this Agreement shall commence on the Effective Date and shall continue for 10 years thereafter (the “Term”), unless the Term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the Parties to this Agreement after the satisfaction of all applicable public hearing and related procedural requirements.

5.2 Effective Date. This Agreement shall become effective upon the date thirty (30) days after the adoption of the Authorizing Ordinance takes effect (“Effective Date”).

6. Timing of Development. The Parties acknowledge that Developer cannot at this time predict when or if the Property will be developed. Such decisions depend upon numerous factors that are not within the control of Developer. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, (the Pardee Case) that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right to develop the Property consistent with the Project Approvals and the Conditions of Approval in such order and at such rate and at such times as Developer deems appropriate within the exercise of its sole and subjective business judgment during the Term of this Agreement. This

APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-8 | INDIO 111 CORRIDOR SPECIFIC PLAN 7 ADOPTED 9.21.22 | B-9 provision shall be broadly construed to provide Developer the greatest amount of time and flexibility (in light of the Pardee Case and/or any other similar or distinguishing cases) as necessary or appropriate to permit Developer to complete the development of the project irrespective of later adopted rules, regulations or initiatives which would otherwise restrict the Developer’s time to complete the Project.

7. Permitted Uses; Density; Building Heights and Sizes; Required Dedications.

The City and Developer hereby agree that the permitted uses of the Property, the density and intensity of such uses, the maximum heights and sizes of the buildings and improvements to be constructed on the Property, and the reservation and dedication of land for public purposes, if any, required in connection with the development of the Property shall be as set forth in and consistent with the Project Approvals, as they may be lawfully amended from time to time other than by initiative. Developer shall not cause or permit any use of the Property that is not permitted by the Project Approvals, and shall not cause or permit the construction of any building or improvement that exceeds the maximum density, building heights and/or building sizes set forth in or otherwise required by the Project Approvals, as they may be lawfully amended from time to time other than by initiative.

8. Developer’s Rights and Limitations Regarding Development of the Property

8.1 Vested Rights. Developer shall have and is hereby vested with the rights during the Term of this Agreement to develop the Project in accordance with this Development Agreement, the Specific Plan and related Project Approvals, as they may be lawfully amended from time to time, other than by initiative, all of which are hereby incorporated in this Agreement by reference. Except as otherwise provided under the terms of this Agreement, the Parties agree that the permitted uses, the density and intensity of use, the subdivision requirements, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, provisions for reservation or dedication of land for public purposes, if any, and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development of the Property shall be those set forth in the Project Approvals, the Applicable Rules and this Agreement, including the Conditions of Approval for the Project.

8.2 Subsequent Project Approvals. City shall accept for processing, review and action all applications for Subsequent Project Approvals, and City staff shall use their reasonable efforts to process the applications in an expeditious manner, taking into account City’s staffing levels, and all requisite Processing Fees and Developer Fees shall be calculated and paid by Developer at such time as payment for the fees are due and payable, for all or a portion of the Property. City may use its sole and absolute discretion in deciding whether to approve or deny any Subsequent Project Approvals; provided, however, that in exercising the foregoing sole and absolute discretion, City shall not apply a standard different than used in evaluating requests of other developers. Unless otherwise requested by Developer, City shall not, without good cause, amend or rescind any Subsequent Project Approvals respecting the Property after City has granted the same.

8.3 Development in Accordance with Agreement and Applicable Law.

Developer shall commence and complete the Development in accordance with this Agreement 8 (including, without limitation, the Applicable Rules and the Project Approvals) and in compliance with all laws, regulations, rules, and requirements of all non-City governing entities with jurisdiction over the Property.

8.4 Priority Of Specific Plan. The City has determined that the Specific Plan is consistent with the General Plan and the Zoning Regulations. As such, the Parties agree that the Specific Plan shall be the primary document governing the development of the Property and, in the event of a conflict, shall prevail over any other of the existing Zoning Regulations except for this Agreement, which prevails over the Specific Plan.

9. Changes in Applicable Rules

9.1 Nonapplication of Changes in Applicable Rules. The adoption of any Subsequent Land Use Regulations after the Effective Date of this Agreement, or any change in, or addition to, the Applicable Rules (other than changes in Developer Fees following the third anniversary of the Effective Date and Processing Fees at any time or other changes as provided in this Agreement), including, without limitation, any changes in the General Plan or the Zoning Regulations (including any regulation relating to the timing, sequencing, or phasing of the Project or construction of all or any part of the Project), adopted after the Effective Date of this Agreement, including, without limitation, any such change by means of ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by any board, agency, commission or department of the City, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict in any way with the Project Approvals shall not be applied to the Project unless such changes represent an exercise of the City’s Reserved Powers.

9.2 Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes occurring from time to time in the provisions of the City’s building, mechanical, plumbing, fire, electrical regulations and similar regulations which are based on the recommendations of a multi-state professional organization and become applicable throughout the City, including, but not limited to, the California Building Code and other similar or related uniform codes.

9.3 Changes Mandated by Federal or State Laws or Regulations. Changes in, or additions to, the Applicable Rules adopted or made operative on or after the Effective Date of this Agreement shall apply to the Project, if such changes or additions are specifically mandated to be applied to developments such as the Project, by applicable State or Federal laws or regulations. Where City or Developer believes that such a change or addition exists, that Party shall provide the other Party hereto with a copy of such State or Federal law or regulation and a statement of the nature of its conflict with the provisions of the Applicable Rules and/or of this Agreement. The City’s determination shall be final and conclusive.

9.4 Regulation by Other Public Agencies. Other public agencies not subject to City’s control may possess authority to regulate aspects of the Property and the Development and this Agreement does not limit the authority of other public agencies.

APPENDIX B | INDIO MARKETPLACE AGREEMENT
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9.5 Changes in Processing Fees Under Applicable Rules. The Project shall be subject to any increase in Processing Fees imposed by the City, provided that such a change is applied on a Citywide basis.

9.6 Applicable Developer Fees. The Project shall be subject to the payment of Developer Fees of the type and in the amount in effect as of the Effective Date until the third (3rd) anniversary of the Effective Date, and thereafter for the balance of term of this Agreement, in the amount in effect at the time that the Developer Fee becomes due under the Applicable Rules or any law adopted after the Effective Date of this Agreement.

10. Relationship of the Parties. It is hereby specifically understood and acknowledged, that the Project is a private project and that neither the City nor the Developer shall be deemed to be the agent of the other for any purpose whatsoever. The City and the Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and the Developer joint venturers or partners. The City has not, and will not, provide any subsidy or financial assistance to the Developer in carrying out the Project.

11. Public Benefit and Conditions of Approval.

11.1 Construction of Public Improvements. As a condition of the City’s approval of the Project and the Specific Plan and City’s entry into this Agreement, Developer shall complete and install the following Public Improvements, at the Developer’s sole cost and expense except for the reimbursements by the City as set forth in this Section 11. As used in this Agreement, the term “Public Improvements” shall mean the following:

11.1.1 Off-Site Street Improvements. Roadway and street frontage improvements pursuant to City standards and as more fully described and depicted in Exhibit C attached hereto.

11.1.2 Off-Site Public Park Improvements. Park improvements on the 3.69 acre site owned by the City as described in Exhibit D attached hereto (“Park Site”).

11.2 Developer’s Obligations. Developer shall construct or cause to be constructed the Public Improvements at its sole cost and expense (except for the reimbursements as provided in this Section 11) pursuant to plans and specifications prepared by Developer and approved by City, which approval shall not be unreasonably withheld conditioned or delayed.

Developer will carry out the design and construction of the Public Improvements in conformity with all applicable laws, including all applicable state labor standards, the City’s engineering standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation (to the extent applicable) the Prevailing Wage Laws (Labor Code Sections 1720 et seq.), Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq. Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.

11.3 Reimbursement for the Public Improvements. The City shall pay Developer for those costs that Developer actually incurs or pays in planning, designing, 10 developing, permitting and constructing the Public Improvements (collectively, the “Eligible Costs”) but in no event more than $4,100,000. Developer shall be entitled to payment of Eligible Costs not more than once per month commencing on the first calendar month after the commencement of work on the Public Improvements. Developer shall provide the City with a request for reimbursement by the fifth day of any calendar month following commencement of construction of the Public Improvements, which request for funds shall include reasonable backup evidence (i.e. invoices, proof of payment, receipts, etc.) including reasonable evidence of the payment of prevailing wages and compliance with prevailing wage statutes of the costs incurred on the Public Improvements. The City shall notify Developer within five (5) business days following receipt of such request for funds if the City has any objections to the request for funds.

Any failure by the City to object to the request for funds within such five (5) day period shall be deemed the City’s approval of the request for funds. If the City objects to any element of the requested reimbursement, its shall notify Developer in writing specifying in detail the basis for such objection, and the parties agree to negotiate in good faith a resolution of such objection as expeditiously as possible. The City shall pay Developer (a) all undisputed amounts of Eligible Costs not later than the fifth day of the first calendar month following its receipt of a request for funds therefor in accordance with this subsection; and (b) any remaining amounts of Eligible Costs following resolution of such disputes not later than the fifth day of the first calendar month following such resolution.

11.4 Labor Laws. Developer is aware of the requirements of California Labor Code Section 1770 et seq., and the implementing regulations, which require the payment of prevailing wage rates and the performance of other requirements on construction of “public works” under the applicable provisions of the Labor Code. If a third party having jurisdiction regarding the applicability the prevailing wage laws, a court of law or a valid administrative proceeding, determines that that the construction of the Project, or any portion thereof, are “public works” under the Prevailing Wage Laws, Developer shall have the right, but not the obligation, to forgo reimbursement by City, in which case the City shall have no obligation to reimburse Developer for the costs of constructing and installing the Public Improvements as set forth herein. Developer agrees to defend, indemnify and hold harmless the City and its elected officials, officers, employees, attorneys and agents free and harmless from any claim or liability including without limitation, reasonable attorneys’ fees and court costs, arising from any failure or alleged failure to comply with these provisions of the Labor Code. In addition, by its signature hereunder, Developer certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require ever employer to be insured against liability for Worker’s Compensation or undertake selfinsurance in accordance with the provisions of that Code. Developer agrees to comply with such provisions and to require its consultants to comply with such provisions before commencing any work on the Public Improvements.

11.5 Waiver. Developer, for itself and its contractors, hereby expressly agrees that City has satisfied its obligations under the prevailing wage laws to identify projects as being subject to the prevailing wage laws and any other obligations imposed upon the City under Labor Code Section 1726 and/or Section 1781 that are owed to or may be actionable by Developer and its contractors. Furthermore, Developer, for itself and its contractors hereby expressly waives any right of action against the City created under Labor Code Section 1726 and/or Section 1781, whether known, or unknown, foreseen or unforeseen relating to the Project and/or any Public

APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-12 | INDIO 111 CORRIDOR SPECIFIC PLAN 11 ADOPTED 9.21.22 |B-13 Improvement and shall indemnify and hold City harmless from any claims, penalties, actions or causes of action asserted against the City related thereto.

11.6 No Monetary Assistance. The parties acknowledge that this Agreement does not, and is not intended to, vest the Developer with any right to obtain monetary assistance from the City for design, construction or installation of any part of the Project. With the exception of certain Public Improvements described herein, the Project is a privately funded, privately constructed project which the parties understand, based on existing law, decisions of the California courts, and public works determinations of the Director of the Department of Industrial Relations, is not a “public work” within the meaning of Labor Code Section 1720 and is not subject to payment of prevailing wages or other compliance with the Prevailing Wage Laws (Labor Code Sections 1720 et seq.).

12. Default.

12.1 Notice. Failure by City or Developer to perform any term or provision of this Agreement for a period of thirty (30) days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30) day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period.

12.2 Remedies. Subject to the foregoing, after notice and expiration of the thirty (30) day period without cure, the notifying party, at its option, shall have all rights and remedies provided by law and/or may give notice of intent to terminate this Agreement pursuant to Government Code Section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) calendar days in the manner set forth in Government Code Sections 65867 and 65868. Following consideration of the evidence presented in said review before the City Council and a determination that a default exists, the Party alleging the default by the other Party may give written notice of termination of this Agreement to the other Party. Upon any such termination, the respective rights, duties and obligations of the Parties hereto shall without further action cease as of the date of such termination (except as to duties and obligations that arose prior to the date of such termination). In no event shall monetary damages be available against the City for any alleged default or breach by the City.

In no event shall consequential damages be available against Developer or any seller of any portion of the Property for any alleged default or breach of this Agreement.

13. Transfers of Interests in Property or Agreement.

13.1 Transfers. In the event of a proposed transfer of interest in any of the parcels of Property and this Agreement by Developer, Developer agrees to provide City at least thirty days written notice of such proposed assignment prior to the proposed transfer and shall provide satisfactory evidence that the assignee will assume in writing through an assignment and assumption agreement all obligations of Developer under this Agreement. Notwithstanding the foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any 12 transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property; and (ii) no such transfer shall relieve the Developer (transferor) of any obligations under this Agreement.

13.2 Assignment and Assumption of Obligations. For all proposed transfers of interest in the Property or in this Agreement, Developer shall provide to City an assignment and assumption agreement a form reasonably satisfactory to the City Attorney.

13.3 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its successors and assigns. Whenever the term “Developer” is used in this Agreement, such term shall include any other successors and assigns as herein provided.

14. Covenants. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land.

15. Periodic Review of Compliance.

15.1 Annual Reviews. The City shall conduct annual reviews to determine whether Developer is acting in good faith compliance with the provisions of this Agreement and Government Code Section 65865.1.

15.2 Special Reviews. In addition, the City Council of the City may order a special periodic review of Developer’s compliance with this Agreement at any time. The cost of such special reviews shall be borne by the City, unless such a special review demonstrates that Developer is not acting in good faith compliance with the provisions of this Agreement. In such cases, Developer shall reimburse the City for all costs, direct and indirect, incurred in conjunction with such a special review.

15.3 Procedure for Review. The Director shall conduct the review contemplated by this Section 15 to ascertain whether Developer has complied in good faith with the terms and conditions of this Agreement during the period for which the review is conducted.

The Director shall give Developer written notice that any such review has been commenced, and shall give Developer at least twenty (20) days after Developer’s receipt of such notice to provide to the Director such information as Developer deems relevant to such review. In addition, upon the written request of the Director, Developer shall furnish such documents or other information as requested by the Director.

15.4 Result of Review. If following such a review, the Director finds good faith compliance by Developer with the terms and conditions of this Agreement, the Director shall issue to Developer an executed certificate of compliance, certifying Developer’s good faith compliance with the terms and conditions of this Agreement through the period of such review. Such certificate shall be in recordable form, and shall contain such information as may be necessary to impart

APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-14 | INDIO 111 CORRIDOR SPECIFIC PLAN 13 ADOPTED 9.21.22 |B-15 constructive record notice of the finding of good faith compliance hereunder. Developer shall have the right to record such certificate of compliance in the Official Records of the County of Riverside.

If, following such a review, the Director finds that Developer has not complied in good faith with the terms and conditions of this Agreement, the Director shall specify in writing the respects in which Developer has failed to so comply. The Director shall provide Developer with written notice of such noncompliance as provided in section 12 and the City may follow the default procedures as set forth in section 12.

15.5 Effect on Default. Nothing in this section 15 shall be interpreted to prevent the City from providing Developer with a notice of default hereunder at any time, including any time other than during a periodic review under this section 15, or from terminating this Agreement pursuant to the provisions of section 12 following any event of default by Developer.

16. Indemnification.

16.1 Indemnity, Hold Harmless and Defend. Developer agrees to and shall indemnify, hold harmless, and defend, City and its respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefore, suffered or alleged to have been suffered by reason of the acts, errors and/or omissions, or a combination thereof, referred to in this Section 16, regardless of whether or not City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, City agrees, at no cost to City, to cooperate with Developer. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Developer to defend Developer and City in any such action.

16.2 Defense. In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the environmental review for the Project, Developer shall defend, at its own expense, the action or proceeding. In addition, Developer shall reimburse City for City’s actual costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or the environmental review and the Developer shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the City. Developer shall cooperate with City in any such defense as City may reasonably request and may not resolve such challenge without the agreement of City. In the event Developer fails or refuses to reimburse the City for its costs to defend any challenge to this Agreement, the Project Approvals or the environmental review, City shall have the right to terminate this Agreement, subject to the notice and cure requirements of Section 12 above. In all events, City shall have the right to resolve any challenge in any manner, in its sole discretion.

16.3 Deposit. In order to ensure compliance with this section, within twenty days after notification by the City of the filing of any claim, action or proceeding to attack, set 14 aside, void or annul this Agreement, any of the Project Approvals or the environmental review prepared and adopted for the Project, the Developer shall deposit with the City cash or other security in the amount of $25,000, 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 section. 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 fifteen (15) days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit or additional security is necessary to secure the obligations of this section, the Developer shall provide such additional security within fifteen (15) days of notice from the City Attorney. The City shall promptly notify the Developer of any claim, action or proceeding within the scope of this Section and the City shall cooperate fully in the defense of any such claim or action, but shall have the right to resolve any challenge, in any manner, in its sole discretion.

17. Mortgagee Protection.

17.1 Encumbrances on the Property. This Agreement shall not prevent or limit Developer from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance (“Mortgage”) in which the Property, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value in order to secure financing with respect to the construction, development, use or operation of the Property pursuant to the Project Approvals.

17.2 Developer’s Breach Does Not Defeat Mortgage Lien. No breach of this Agreement shall defeat or render void the lien of any Mortgage made in good faith and for value but, unless otherwise provided herein, the terms, conditions, covenants, restrictions, easements, and reservations of this Agreement shall be binding and effective against the holder of any such Mortgage whose interest is acquired by foreclosure, trustee’s sale or otherwise.

17.3 Holder Not Obligated to Construct or Complete Improvements. The holder of any Mortgage shall in no way be obligated by the provisions of this Agreement to construct or complete the improvements or to guarantee such construction or completion. In addition, the Mortgagee shall have no right to develop or operate the Property without fully complying with the terms of this Agreement, and to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance under this Agreement.

17.4 Notice of Default to Mortgagee. Whenever the City shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer hereunder, the City shall at the same time deliver a copy of such notice or demand to each holder of record of any Mortgage who has previously made a written request to the City therefor, or to the representative of such lender as may be identified in such a written request by the lender.

17.5 Right to Cure. The Mortgagee shall have the right, but not the obligation, to cure, correct or remedy the default, within sixty (60) calendar days after the receipt of the notice from City for monetary defaults, or within sixty (60) calendar days after Developer’s cure period

APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-16 | INDIO 111 CORRIDOR SPECIFIC PLAN 15 ADOPTED 9.21.22 |B-17 has expired for non-monetary defaults, or, for the defaults that cannot reasonably be cured, corrected or remedied within the period, the Mortgagee may cure, correct or remedy the default if the Mortgagee commences to cure, correct or remedy the default within the sixty (60) calendar day period, and continuously and diligently prosecutes the cure to completion. If the default is of a nature that can only be remedied or cured by the Mortgagee upon obtaining possession of the Property, the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within the time as is reasonably necessary to cure or remedy the default but in no event more than ninety (90) calendar days after obtaining possession. If a default cannot, with diligence, be remedied or cured within the ninety (90) calendar day period, then the period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences the cure or remedy during the ninety (90) calendar day period, and thereafter diligently pursues the cure to completion.

18. Estoppel Certificate. Within ten (10) business days following any written request, in accordance with the notice provisions of this Agreement, which either Party may make from time to time, the other Party shall execute and deliver to the requesting Party, a statement in writing: (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified stating the nature of such modification and certifying that this Agreement, as so modified, is in full force and effect) and; (ii) acknowledging that there are not any uncured defaults under this Agreement or specifying the dates and nature of such defaults if any are claimed. The failure to deliver such statement within such time shall be conclusive upon the Party which fails to deliver such statement that this Agreement is in full force and effect without modification except as may be represented by the requesting Party and that there are no uncured defaults in the performance of the requesting Party. Said statement(s) shall be in the form reasonably satisfactory to the City, the Developer and to any purchaser, lender, title company, governmental agency, or other person reasonably requesting such statement(s) in connection with sale, use, development, financing or marketing of the Project. The City and the Developer, for their own respective uses, shall also be entitled to obtain a statement of compliance at any reasonable time.

18. Amendment. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows:
(i) City and Developer, by mutual agreement, may terminate or amend the terms of this Agreement, and the amendment or termination shall be accomplished in the manner provided under California law for the enactment of Development Agreement amendments. (ii) Except as may be otherwise agreed to by the Parties, no amendment of this Agreement shall be required in connection with any Subsequent Project Approval except a Subsequent Project Approval proposed by initiative. Any Subsequent Project Approval issued after the Effective Date of this Agreement other than by initiative automatically shall be incorporated into this Agreement and vested hereby.

19. Miscellaneous Provisions.

19.1 Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall be binding upon and inure to the benefit of the Parties, any subsequent developer 16 of all or any portion of the Property or the Property, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which the Person acquired an interest in the Property. The provisions of this Agreement shall constitute mutual covenants that shall run with the land comprising the Property for the benefit thereof, and the burdens and benefits of this Agreement shall bind and inure to the benefit of each of the Parties to this Agreement and all successors in interest to the Parties to this Agreement for the Term of this Agreement.

19.2 Notices. Any approval, disapproval, demand, document or other notice (“Notice”) which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.

To City: City of Indio
100 Civic Center Mall
Indio, CA 92201
Attn.: City Manager
To Developer: HCL Indio Land Development, LLC
12302 Exposition Blvd
Los Angeles, CA 90064
Attention: Manager
With a copy to: Karavas Kiely Schloss & Whitman LLP
11400 West Olympic Boulevard, Suite 1480
Los Angeles, CA 90064
Attention: Michael J. Kiely
Any written notice, demand or communication shall be deemed received upon the date of delivery or inability to deliver or refusal of acceptance, as shown on the return receipt, if delivered by registered or certified mail, and on the next Business Day after delivery to a reputable overnight delivery service for overnight delivery.

19.3 Interpretation and Applicable Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning.

This Agreement and any dispute arising under this Agreement shall be governed and interpreted in accordance with the laws of the State of California and the venue for any legal actions brought by any Party with respect to this Agreement shall be the County of Riverside, State of California for state actions and the Central District of California for any federal actions. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of City, and in particular, City’s police powers. In this regard, the Parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abrogation of City’s governmental powers over the Property.

APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-18 | INDIO 111 CORRIDOR SPECIFIC PLAN 17 ADOPTED 9.21.22 |B-19

19.4 No Third Party Beneficiaries. The only parties to this Agreement are the City and the Developer and their successors-in-interest. There are no third party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other person whatsoever.

19.5 Independent Entity. In entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect.

19.6 Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection with this Agreement, or for any act or omission on the part of City.

19.7 Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the final, complete and exclusive statement of the terms of the agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous oral or written negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement. No Party has been induced to enter into this Agreement, by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

19.8 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply.

19.9 Attorneys’ Fees. In the event either Party hereto brings an action or proceeding for a declaration of the rights of the Parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing Party in any such action shall be entitled to an award of actual attorneys’ fees and costs incurred in such action or proceeding without regard to any rule of court or schedule of such fees maintained by the court, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment.

19.10 Waiver. The failure of either Party hereto to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this Agreement, or to exercise any election or option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by any Party hereto of any covenant, agreement, term, provision or condition of this Agreement shall be deemed to have been made unless expressed in writing and signed by an appropriate official or officer on behalf of such Party. 18 19.11 Compliance with Law. Notwithstanding any provisions of this Agreement, the Parties agree to comply with all federal, state and local laws and to act in good faith and reasonably in carrying out the terms of this Agreement.

19.12 Counterparts. This Agreement may be executed in one or more counterparts each of which will be deemed an original, but all of which constitute one and the same instrument.

19.13 Authorization. Each person executing this Agreement represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Agreement on behalf of the Party for which execution has been made.

19.14 Recordation. This Agreement shall be recorded by City with the County Recorder of Riverside County within the period required by California Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.

19.15 Alterations. No alteration, amendment or modification of this Agreement shall be valid unless evidenced by a written instrument executed by the Parties hereto with the same formality as this Agreement, and made in the manner required by the Development Agreement Act.

19.16 No Joint and Several Liability. At any time that there is more than one Developer, no breach of this Agreement by a developer shall constitute a breach by any other developer. Any remedy, obligation, or liability, including, but not limited to, the obligations to defend and indemnify City, arising by reason of the breach shall be applicable solely to the Developer that committed the breach. However, City shall send a copy of any notice of violation to all Developers, including those not in breach. In addition, a default by any Transferee shall only affect that portion of the Property owned by the Transferee and shall not cancel or diminish in any way Developer’s rights under this Agreement with respect to any portion of the Property not owned by the Transferee. The Transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by the Transferee, and any amendment to this Agreement between City and a Transferee shall only affect the portion of the Property owned by the Transferee.

19.17 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.

19.18 Time is of the Essence. Time is of the essence of this Agreement and every term or performance hereunder.

19.19 Authorization. Each person executing this Agreement represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Agreement on behalf of the Party for which execution has been made.