APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-20 | INDIO 111 CORRIDOR SPECIFIC PLAN 19 ADOPTED 9.21.22 |B-21 {Signatures on Following Page}
20 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written.
“CITY”
CITY OF INDIO, a California municipal
corporation
By:
Bryan H. Montgomery, City Manager
ATTEST:
Cynthia Hernandez, CMC, City Clerk
APPROVED AS TO FORM:
Steven P. Graham, City Attorney
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-22 | INDIO 111 CORRIDOR SPECIFIC PLAN 21 ADOPTED 9.21.22 |B-23 DEVELOPER:
HCL INDIO LAND DEVELOPMENT, LLC,
a Delaware limited liability company
By HAAGEN COMPANY LLC, its manager
By _________________________________
Alexander Haagen III
Its Manager
Dated:________________________________
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY AND SITE PLAN
Real property in the City of Indio, County of Riverside, State of California, described as follows:
PARCEL 1: (APN: 614-100-001)
THE NORTHERLY 150 FEET OF THE SOUTH HALF OF THE WEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN.
EXCEPTING THEREFROM THE WESTERLY 42 FEET. PARCEL 2: (APN: 614-100-002)
THE SOUTH HALF OF THE WEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN.
EXCEPTING THEREFROM THE NORTH 150 FEET.
ALSO EXCEPTING THE SOUTH 25 FEET AS CONVEYED TO THE CITY OF INDIO BY INSTRUMENT RECORDED JANUARY 22, 1954 IN BOOK 1547, PAGE 323 AND OCTOBER 3, 1955 IN BOOK 1801, PAGE 247, OF OFFICIAL RECORDS.
ALSO EXCEPTING THE WEST 42 FEET OF THE NORTH 150 FEET AS CONVEYED TO THE CITY OF INDIO BY DEED RECORDED SEPTEMBER 21, 1962 AS INSTRUMENT NO. 88559, OF OFFICIAL RECORDS.
PARCEL 3: (APN: 614-100-003)
THE WEST HALF OF THAT PORTION OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 00° 13' 20" EAST ON THE WEST LINE
OP THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 140.00 FEET TO THE SOUTHWEST CORNER OF PARCEL 1 CONVEYED TO HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 9, 1953 AS INSTRUMENT NO. 6258, OFFICIAL RECORDS;
THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-24 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-25 FEET TO THE WEST LINE OF PARCEL 2 CONVEYED TO THE HOUSING AUTHORITY
OF THE COUNTY OF
RIVERSIDE, BY DEED ABOVE REFERRED TO;
THENCE SOUTH 00° 14' 10" WEST ON THE WEST LINE OF SAID PARCEL 2, CONVEYED TO THE HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, 140.00 FEET TO THE
SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE SOUTH 89° 28' 30" WEST, ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11 FEET TO THE POINT OF BEGINNING.
PARCEL 4: (APN: 614-100-004)
THE EAST HALF OF THAT PORTION OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 0° 13' 20" EAST ON THE WEST LINE OF
THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 140 FEET
TO THE SOUTHWEST CORNER OF PARCEL 1 CONVEYED TO HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 9, 1953 AS INSTRUMENT NO. 6258 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH
LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11 FEET TO THE WEST LINE OF PARCEL 2 CONVEYED TO THE
HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, BY DEED ABOVE REFERRED TO;
THENCE SOUTH 0° 14' 10" WEST ON THE WEST LINE OF SAID PARCEL 2, CONVEYED TO THE HOUSING AUTHORITY OF THE COUNTY OF RIVERSIDE, 140 FEET TO THE
SOUTH LINE OF SAID
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 89°
28' 30" WEST ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 132.11 FEET TO THE POINT OF BEGINNING.
PARCEL 5A: (APN: PORTION 614-100-005)
ALL THAT PORTION OF THE EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF THE EAST HALF OF SOUTHWEST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION
WHICH BEARS NORTH
00° 13' 20" EAST, 140 .00 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00° 13' 20" EAST, ALONG THE WEST LINE OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 529.12 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 89° 31' 45" EAST, ALONG THE NORTH LINE OF THE EAST HALF OF
SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID
SECTION, 332.21 FEET TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 00° 14' 10" WEST, ALONG THE EAST LINE OF THE EAST HALF OF
SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 124.08
FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MT. ZION CHURCH OF GOD IN CHRIST, ET AL., BY DEED RECORDED SEPTEMBER 24, 1951, IN
BOOK 1305, PAGE 126 OF OFFICIAL RECORDS;
THENCE SOUTH 89° 28' 30" WEST AND PARALLEL WITH THE SOUTH LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 140.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND SO CONVEYED TO MT. ZION CHURCH OF GOD IN CHRIST, ET AL; THENCE SOUTH 00° 14' 10" WEST, AND PARALLEL WITH THE EAST LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST
QUARTER OF SAID
SECTION, 405.00 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL
OF LAND
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-26 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-27 CONVEYED TO JESSE NOBLES, A WIDOWER, BY DEED RECORDED APRIL 5, 1950, IN BOOK
1162, PAGE 75 OF OFFICIAL RECORDS.
THENCE SOUTH 89° 28' 30" WEST AND PARALLEL WITH THE SOUTH LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 192.11 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM ALL THAT PORTION THEREOF PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF THE EAST HALF OF SOUTHWEST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION WHICH BEARS NORTH 00° 13' 20" EAST, 140.00 FEET FROM THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 192.11 FEET FOR THE POINT OF BEGINNING, SAID
POINT BEING ON THE WEST LINE
OF SAID PARCEL OF LAND SO CONVEYED TO JESSE NOBLES, BY THE HEREINABOVE REFERRED TO DEED;
THENCE NORTH 0° 14' 10' EAST, AND PARALLEL WITH THE EAST LINE OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 528.95 FEET TO A POINT ON THE NORTH LINE THEREOF;
THENCE SOUTH 89° 31' 45" WEST, ALONG THE NORTH LINE OF THE EAST HALF OF
SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 60.00 FEET; THENCE SOUTH 00° 14' 10" WEST AND PARALLEL WITH
THE EAST LINE OF THE EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST
QUARTER OF SAID SECTION,
529.00 FEET TO A POINT WHICH BEARS SOUTH 89° 28' 30" WEST FROM THE POINT OF BEGINNING;
THENCE NORTH 89° 28' 30" EAST AND PARALLEL WITH THE SOUTH LINE OF THE
EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST
QUARTER OF SAID
SECTION, 60.00 FEET TO THE POINT OF BEGINNING;
PARCEL 5B: (APN: PORTION 614-100-005)
ALL THAT PORTION OF THE EAST HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE EAST HALF OF SOUTHWEST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION
WHICH BEARS
NORTH 89° 28' 30" EAST 192.08 FEET FROM THE SOUTHWEST CORNER THEREOF,
SAID POINT BEING THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
CONVEYED TO JOSEPH
MCGEE, JR., ET AL., BY DEED RECORDED FEBRUARY 23, 1950, IN BOOK 1149, PAGE 435 OF OFFICIAL RECORDS;
THENCE NORTH 0° 14' 10" EAST AND PARALLEL WITH THE EAST LINE OF THE EAST
HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 668.95 FEET TO THE POINT ON THE NORTH LINE THEREOF;
THENCE SOUTH 89° 31' 45" WEST, ALONG THE NORTH LINE OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 60.00 FEET;
THENCE SOUTH 0° 14' 10" AND PARALLEL WITH THE EAST LINE OF THE EAST HALF
OF SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER
OF SAID
SECTION 669.00 FEET TO A POINT ON THE SOUTH LINE THEREOF; THENCE NORTH 89° 28' 30" EAST ALONG THE SOUTH LINE OF THE EAST HALF OF
SOUTHWEST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION, 60.00 FEET TO THE POINT OF BEGINNING;
PARCEL 6: (APN: 614-100-006)
THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-28 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-29
COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;
THENCE NORTH, ALONG THE EAST LINE OF THE SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 233.60 FEET, TO THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED; THENCE WEST,
PARALLEL WITH THE SOUTH LINE OF THE SAID EAST HALF OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 140.00 FEET;
THENCE NORTH, PARALLEL WITH THE EAST LINE OF THE SAID EAST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 311.14 FEET;
THENCE EAST, PARALLEL WITH THE SOUTH LINE OF THE SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 140.00 FEET, TO A POINT ON THE EAST
LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;
THENCE SOUTH, ALONG THE SAID EAST LINE OF THE SAID EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, A DISTANCE OF 311.14 FEET, TO THE POINT OF BEGINNING.
PARCEL 7: (APN: 614-100-007)
PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED AUGUST 8, 1968 IN BOOK 1, PAGE 34 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 8: (APN: 614-100-008)
PARCEL 1 AS SHOWN ON PARCEL MAP RECORDED AUGUST 8, 1968 IN BOOK 1, PAGE 34 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 9: (APN: 614-100-009)
THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 79.00 FEET WEST OF THE SOUTHEAST CORNER OF SAID
EAST HALF OF THE SOUTHWEST QUARTER OP THE NORTHWEST QUARTER OF THE
NORTHWEST
QUARTER, SAID POINT BEING THE SOUTHWEST CORNER OF THAT PARCEL
CONVEYED TO CHRISTOPHER HARDIN AND KATHERINE HARDIN, HUSBAND AND
WIFE, BY DEED RECORDED
FEBRUARY 5, 1954, AS INSTRUMENT NO. 6181, OFFICIAL RECORDS; THENCE NORTH 00° 45' 50" EAST, ON THE WEST LINE OF SAID PARCEL CONVEYED TO CHRISTOPHER HARDIN AND WIFE, 78.00 FEET, MORE OR LESS, TO THE SOUTH
LINE OF THE PARCEL CONVEYED TO JESSE NOBLES, A WIDOWER, BY DEED RECORDED AUGUST 9, 1956 AS INSTRUMENT NO. 55641, OFFICIAL RECORDS;
THENCE WESTERLY, PARALLEL WITH THE SOUTH LINE OF SAID SECTION AND ALONG THE SOUTH LINE OF SAID PARCEL CONVEYED TO NOBLES, 61.00 FEET,
MORE OR LESS, TO THE EASTERLY LINE OF THE PARCEL CONVEYED TO THE
HOUSING AUTHORITY OF THE COUNTY OF
RIVERSIDE BY DEED RECORDED DECEMBER 9, 1953, AS INSTRUMENT NO. 6258, OFFICIAL RECORDS; THENCE SOUTH 0° 14' 10" WEST, ALONG SAID EASTERLY LINE
78.00 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE
EASTERLY, ALONG SAID SOUTH LINE 61.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL 10: (APN: 614-100-010)
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OP
SECTION
26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-30 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-31
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26;
THENCE WEST ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER, 664.40 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 00° 45' 50" EAST, 78.00 FEET;
THENCE WESTERLY AND PARALLEL TO THE SOUTHERLY LINE OF SAID SECTION 26, 79.00 FEET;
THENCE SOUTH 60° 45' 50" WEST, 78.00 FEET MORE OR LESS TO THE SAID SOUTHERLY LINE; THENCE EAST, ALONG SAID SOUTHERLY LINE 79.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 11: (APN: 614-100-011)
THE NORTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH, ALONG THE WEST LINE THEREOF, 95.00 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO ATKIN WHITE, ET AL, BY DEED RECORDED APRIL 20, 1963 IN BOOK 574, PAGE 553, OFFICIAL RECORDS; THENCE EAST ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID WEST
HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH ALONG THE SAID EAST LINE, 95.00 FEET TO THE NORTH LINE OF
SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST, ALONG SAID NORTH LINE, 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 12: (APN: 614-100-012)
ALL THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION;
THENCE SOUTH ALONG THE WEST LINE THEREOF, 95.00 FEET TO THE NORTHWEST
CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO ATKIN WHITE, ET AL, BY DEED RECORDED APRIL 20, 1943 IN BOOK 574, PAGE 553, OFFICIAL RECORDS; THENCE EAST, ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR
LESS TO THE EAST LINE OF SAID WEST HALF OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH ALONG SAID EAST LINE 95.00 FEET TO THE NORTH LINE OF SAID
WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST, ALONG SAID LINE (NORTH LINE), 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THE NORTHERLY ONE-HALF THEREOF. PARCEL 13: (APN: 614-100-013) PARCELS 1 AND 2 OF PARCEL MAP RECORDED IN BOOK 1 PAGE 64 OF PARCEL
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA
PARCEL 14: (APN: 614-100-021)
A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-32 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-33
COMMENCING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION
26, 192 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST 166
FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTERLINE OF THE WEST HALF
OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION
26; THENCE SOUTH ALONG SAID CENTERLINE 97 FEET; THENCE WEST 166 FEET,
MORE OR LESS, TO SAID WEST LINE OF SAID WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG SAID WEST LINE 97 FEET TO THE POINT OF COMMENCEMENT.
PARCEL 15: (APN: 614-100-022)
THE SOUTH 60.00 FEET OF ALL THAT PORTION OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE CITY OF INDIO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN
BY UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF SOUTHEAST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION,
95.00 FEET SOUTH OF THE NORTHWEST CORNER THEREOF;
THENCE EAST, 168.00 FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTER
LINE OF THE WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26;
THENCE SOUTH ALONG SAID CENTER LINE, 254.00 FEET;
THENCE WEST, 168.00 FEET; MORE OR LESS, TO THE WEST LINE OF SAID WEST
HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26;
THENCE NORTH ALONG SAID WEST LINE, 254.00 FEET TO THE POINT OF BEGINNING.
PARCEL 16: (APN: 614-100-023)
THE NORTHERLY ONE-HALF OF THAT PORTION OF THE WEST HALF OF THE WEST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, BY METES AND BOUNDS:
BEGINNING AT A POINT ON THE WESTERLY LINE OP SAID "WEST HALF OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 230.00 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF;
THENCE CONTINUING NORTHERLY ON SAID WESTERLY LINE TO A POINT 349.00
FEET SOUTH OF THE NORTHWEST CORNER OF SAID WEST HALF OF THE WEST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EAST, 168.00 FEET, MORE OR
LESS, TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON SAID EAST LINE TO A POINT 230.00 FEET NORTH OF SOUTHEAST
CORNER OF SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST TO THE POINT OF BEGINNING.
PARCEL 17: (APN: 614-100-024)
THE SOUTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID WEST HALF OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 230 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE CONTINUING NORTHERLY, ON SAID WESTERLY LINE, TO A POINT 349 FEET SOUTH OF THE NORTHWEST CORNER OF
SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EAST 168 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ON SAID EAST LINE, TO
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-34 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-35 A POINT 230 FEET NORTH OF THE SOUTHEAST CORNER OF SAID WEST HALF OF
THE WEST HALF OF THE SOUTHEAST CORNER
OF SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST, TO THE POINT OF BEGINNING.
PARCEL 18: (APN: 614-100-018)
THAT PORTION OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF 711E NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 147.00 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;
THENCE NORTH, ALONG SAID WEST LINE, 83.00 FEET; THENCE EAST 168.00 FEET,
MORE OR LESS, TO THE EAST LINE OF SAID WEST HALF OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH, ALONG SAID EAST LINE, 83.00 FEET; THENCE WEST 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY.
PARCEL 19: (APN: 614-100-019)
ALL THAT PORTION OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, DISTANT WESTERLY THEREON, 336.00 FEET FROM THE SOUTHEAST CORNER THEREOF;
THENCE NORTHERLY, ALONG THE WEST LINE OF THE WEST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26, A DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT ALSO BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO PRECILLA JOHNSON, BY DEED RECORDED AUGUST 29, 1966 AS INSTRUMENT NO. 87273 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID LAND CONVEYED TO PRECILLA JOHNSON, 122.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 89° 27' 00" EAST, ALONG THE NORTHERLY LINE OF SAID LAND
CONVEYED TO
PRECILLA JOHNSON, 146.00 FEET OT THE NORTHWEST CORNER OF THE RIGHT-OFWAY FOR STREET PURPOSES CONVEYED TO THE CITY OF INDIO BY DEED RECORDED OCTOBER 3, 1955
IN BOOK 1801 PAGE 253 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 18° 00' 00" WEST, 49.00 FEET;
THENCE SOUTH 00° 12' 45" WEST, 934 FEET TO THE NORTHERLY LINE OF THE LAND CONVEYED TO EMMA LEE PAIGE, BY DEED RECORDED APRIL 2, 1953 IN BOOK 1457 PAGE 490
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE WESTERLY, ALONG SAID LAST MENTIONED NORTHERLY LINE OF THE LAND
CONVEYED TO EMMA LEE PAIGE, 49.16 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID LAND
CONVEYED TO EMMA LEE PAIGE,
66.00 FEET TO A LINE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26,
AND PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE WESTERLY,
ALONG SAID LAST MENTIONED PARALLEL LINE, TO THE TRUE POINT OF BEGINNING.
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-36 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-37 PARCEL 20: (APN: 614-100-020)
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION
26; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, 200.00 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 00° 46' 15" EAST, 91.00 FEET; THENCE WEST,
50.00 FEET; THENCE SOUTH 00° 46' 15" WEST, 91.00 FEET TO THE SOUTHERLY LINE
OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EASTERLY ON SAID
SOUTHERLY LINE,
50.00 FEET TO THE POINT OF BEGINNING.
PARCEL 21: (APN: 614-101-001)
ALL THAT PORTION OF THE EAST HALF OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY
UNITED STATES GOVERNMENT SURVEY, PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION;
THENCE SOUTH ALONG THE EAST LINE OF SAID WEST HALF OF SOUTHEAST
QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION,
47.5 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MALISSIE LASTER, ET AL. BY DEED RECORDED APRIL 13, 1943, IN BOOK 574, PAGE 439 OF OFFICIAL RECORDS; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE WEST LINE OF
SAID EAST HALF OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID WEST LINE, 47.5 FEET TO THE NORTH LINE OF SAID EAST HALF OF WEST HALF
OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION; THENCE EAST ALONG SAID NORTH LINE, 168.00 FEET. MORE OR LESS, TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RIVERSIDE COUNTY RECORDS.
PARCEL 22: (APN: 614-101-002)
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 47.50 FEET SOUTH OF THE NORTHEAST CORNER OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 95.00 FEET; THENCE WESTERLY AND PARALLEL WITH THE NORTH LINE OF SAID SECTION, 168.00 FEET,
MORE OR LESS, TO THE WESTERLY LINE OF THE EAST HALF OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTHERLY ON SAID WESTERLY LINE, 95.00 FEET; THENCE EASTERLY 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION LYING WITHIN LARKSPUR STREET.
PARCEL 23: (APN: 614-101-003)
NORTH HALF OF THAT CERTAIN PARCEL OF REAL PROPERTY, PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT 142.50 FEET SOUTH FROM THE NORTHEAST CORNER OF
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, OF THE SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 95.00 FEET, TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION, A DISTANCE OF 168.00 FEET, THENCE AT A RIGHT ANGLE NORTH 95.00 FEET TO A POINT; THENCE EAST TO THE POINT OF BEGINNING.
ALSO SHOWN AS PARCEL 1 ON PARCEL NAP RECORDED IN BOOR 1, PAGE 40 OF PARCEL NAPS, RIVERSIDE COUNTY RECORDS.
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-38 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-39 PARCEL 24: (614-101-004)
THE SOUTH HALF OF THAT CERTAIN PARCEL PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 142.5 FEET SOUTH OF THE NORTHEAST CORNER
OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO BASE AND
MERIDIAN; THENCE SOUTH 95 FEET TO A POINT; THENCE WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF THE SAID SECTION A DISTANCE OF 168 FEET; THENCE NORTH 95 FEET TO A POINT; THENCE EAST TO THE POINT OF BEGINNING.
PARCEL 25: (APN: 614-101-005)
THE NORTH HALF OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, 285.00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF;
THENCE NORTH ON SAID EAST LINE, 47.50 FEET;
THENCE WEST, 168.00 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF
OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH, ON SAID EAST LINE, 47.50 FEET; THENCE EAST 168.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE CITY OF INDIO, BY DEED RECORDED JANUARY 7, 1971, AS INSTRUMENT NO, 1478, OF OFFICIAL RECORDS.
PARCEL 26: (APN: 614-101-006)
ALL THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3
SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 332.50
FEET SOUTH OF THE NORTHEAST CORNER THEREOF, SAID POINT BEING THE
NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO FLETCHER MAKES AND CLARA V. MAKES, HUSBAND AND WIFE, BY DEED RECORDED APRIL 13, 1943 IN BOOK 574, PAGE 442 OF OFFICIAL RECORDS; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR
LESS, TO THE WEST LINE OF SAID EAST HALF OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH ALONG SAID WEST LINE 71.25 FEET MORE OR LESS TO THE
SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO LILLY CHAPPELL, BY DEED RECORDED MAY 13, 1953 AS INSTRUMENT NO. 23479, OFFICIAL RECORDS;
THENCE EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL 168.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE SOUTHERLY 71.25 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN
PARCEL OF
LAND CONVEYED TO FLETCHER MAKES AND CLARA V. MAKES, BY DEED RECORDED APRIL 13,
1943 IN BOOK 574, PAGE 442, OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING.
PARCEL 27: (APN: 614-101-007)
PARCEL 1 OF PARCEL MAP ON FILE IN BOOK 1 PAGE 41 OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS.
PARCEL 28: (APN: 614-101-008)
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-40 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-41
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 242.50
FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG SAID EAST LINE, 47.50 FEET;
THENCE WEST PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 168.00 FEET TO THE WEST LINE
OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 47.50 FEET;
THENCE EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 168.00 FEET TO THE POINT OF BEGINNING.
PARCEL 29: (APN: 614-101-009)
ALL THAT PORTION OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION, 195 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG SAID EAST LINE, 47.5 FEET; THENCE WEST, 168 FEET; THENCE SOUTH 47.5 FEET; THENCE EAST TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON THE LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF SAID COUNTY.
PARCEL 30: (APN: 614-101-010)
ALL THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO
THE OFFICIAL PLAT THEREOF,
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 26, 147.5 FEET NORTH OF THE SOUTHEAST CORNER THEREOF;
THENCE NORTH ALONG SAID EAST LINE, 47.5 FEET;
THENCE WEST 168.00 FEET, MORE OR LESS, TO THE NORTH AND SOUTH CENTER
LINE OF SAID WEST HALF OF SOUTHEAST QUARTER OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH ALONG SAID CENTER LINE 47.5 FEET;
THENCE EAST, 168.00 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP ON FILE IN BOOK 5, PAGE 14 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 31: (APN: 614-101-011)
THAT PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OP SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE
NORTHERLY ALONG
THE EAST LINE OF SAID WEST 1/2, 100.00 FEET, SAID POINT BEING THE NORTHEAST
CORNER OF A PARCEL OF LAND CONVEYED TO TRUSTEES OF THE AFRICAN
METHODIST EPISCOPAL
CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE WESTERLY ALONG THE
SOUTHERLY LINE OF
SAID TRACT OF THE LAND CONVEYED TO LONNIE CHATAM, 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY AND PARALLEL WITH SAID EAST LINE, 20.00 FEET, THENCE WESTERLY AND PARALLEL WITH SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID EAST 1/2 OF THE WEST 1/2 OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG SAID WEST LINE, 20.00 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-42 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-43 PARCEL 32: (APN: 614-101-012)
THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID EAST HALF OF THE WEST HALF
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100.00 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; SAID POINT BEING THE NORTHEAST CORNER OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO THE TRUSTEES OF THE AFRICAN METHODIST EPISCOPAL CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL AND WESTERLY
EXTENSION
THEREOF, 168.00 FEET, MORE OR LESS, TO THE WEST LINE OF SAID EAST HALF OF
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID WEST LINE, 47.5 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOE DAVIS AND LUCY M. DAVIS, HUSBAND AND WIFE, BY DEED RECORDED MARCH 10, 1943 IN BOOK 570 PAGE 600 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EAST ALONG THE SOUTH LINE OF SAID PARCEL, 168.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID EAST HALF OF
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE, 47.5 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION CONVEYED TO FRED JOHNSON, ET AL, BY DEED RECORDED OCTOBER 16, 1947 AS INSTRUMENT NO. 1741, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTHERLY ALONG THE EAST LINE OF SAID WEST HALF, 100.00 FEET, SAID POINT BEING THE NORTHEAST CORNER OF A
PARCEL OF LAND CONVEYED TO TRUSTEES OF THE AFRICAN METHODIST EPISCOPAL CHURCH BY DEED RECORDED FEBRUARY 4, 1942 IN BOOK 527 PAGE 518 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID TRACT OF LAND CONVEYED TO LONNIE CHATAM, 140.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY AND PARALLEL WITH SAID EAST LINE, 20.00 FEET; THENCE WESTERLY AND PARALLEL WITH SAID SOUTHERLY LINE, 28.00 FEET, MORE OR
LESS, TO THE WEST LINE OF SAID EAST HALF OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE SOUTHERLY ALONG SAID WEST LINE, 20.00 FEET; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 28.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 33: (APN: 614-101-013)
THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PROPERTY CONVEYED TO FIRST A.M.E. CHURCH BY DOCUMENT RECORDED MAY 18, 1976 AS INSTRUMENT NO. 68316 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE PROPERTY CONVEYED TO SAID CHURCH, 168.00 FEET, MORE OR LESS,
TO THE WEST LINE OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE SOUTHWEST
CORNER OF SAID EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE,
168.00 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE SOUTHERLY 25.00 FEET THEREOF AS CONVEYED TO THE CITY OF INDIO BY DOCUMENT RECORDED APRIL 26, 1957 IN BOOK 2078 PAGE 367 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 34: (APN: 614-101-014)
THE WEST ONE-HALF OF THE NORTH ONE-HALF OF THE WEST ONE-HALF OF THE NORTH 2.00
ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26 OF TOWNSHIP 5 RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-44 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-45 PARCEL 35: (APN: 614-101-016)
THE WEST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH TWO
ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL 36: (APN: 614-101-017)
THE WEST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH 2
ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 37: (APN: 614-101-018)
THE EAST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE NORTH 2 ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 38: (APN: 614-101-019)
THE WEST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES OF THE EAST
QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT ANY PORTION LYING WITHIN THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26.
PARCEL 39: (APN: 614-101-020)
THE WEST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES
OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL 40: (APN: 614-101-021)
THE EAST HALF OF THE EAST HALF OF THE SOUTH HALF OF THE NORTH 2 ACRES
OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26 OF TOWNSHIP 5 RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL 41: (APN: 614-101-022)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE EASTERLY ON THE NORTHERLY
LINE OF SAID SOUTH 1 ACRE 254.00 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SAMUEL R. CLARK AND LAURA CLARK, BY DEED DATED SEPTEMBER 16,
1948, THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY AND PARALLEL WITH
THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 132.00 FEET MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SOUTH 1 ACRE; THENCE EASTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE 76.00 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID SOUTH 1 ACRE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 132.00
FEET MORE OR LESS, TO THE NORTHEASTERLY CORNER OF SAID SOUTH 1 ACRE; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTH ACRE
76.00 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
PARCEL 42: (APN: 614-101-023)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS METES AND BOUNDS AS FOLLOWS:
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-46 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-47 BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EASTERLY ON THE NORTHERLY LINE OF SAID SOUTH 1 ACRE, 200 FEET
TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO FELEX MC GEE AND EVA MC GEE BY DEED RECORDED APRIL 4, 1947 IN BOOK 826 PAGE 380 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ON THE SAID NORTHERLY LINE 54 FEET; THENCE SOUTHERLY AND PARALLEL WITH THE
EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 133.63 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SOUTH 1 ACRE; THENCE WESTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE 54 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO SUSIE WHITMON BY DEED RECORDED JANUARY 7, 1946 IN BOOK 721 PAGE 414 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTHERLY
AND PARALLEL WITH
THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, ALONG EASTERLY LINE OF SAID PARCEL OF LAND
CONVEYED TO SUSIE WHITMON AND CONTINUING ALONG THE EASTERLY LINE
OF SAID PARCEL OF LAND CONVEYED TO FELEX MC GEE AND EVA MC GEE, A TOTAL OF 133.63 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 43: (APN: 614-101-024)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST,
SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED BY METES AND BOUNDS, AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTH 1 ACRE OF THE NORTH 3.00
ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;
THENCE EASTERLY ON THE NORTHERLY LINE OF SAID SOUTH 1 ACRE, 150.00 FEET
TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED TO THE GRANTEES BY DEED RECORDED MARCH 28, 1944 IN BOOK 622, PAGE 113 OF OFFICIAL RECORDS, THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ON SAID NORTHERLY LINE 50.00 FEET; THENCE SOUTHERLY AND
PARALLEL WITH THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, 75.00 FEET TO A POINT ON THE
NORTHERLY LINE OF THAT PARCEL OF LAND CONVEYED TO WALTER PRATT AND EDDIE G. KNIGHT BY DEED RECORDED SEPTEMBER 17, 1943 IN BOOK 596, PAGE 316 OF OFFICIAL RECORDS;
THENCE WESTERLY ALONG SAID LAST MENTIONED NORTHERLY LINE 50.00 FEET
TO THE SOUTHEAST CORNER OF SAID LAND PREVIOUSLY CONVEYED TO THE GRANTEES HEREIN; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND TO THE TRUE POINT OF BEGINNING.
PARCEL 44: (APN: 614-101-025)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH 2.00 ACRES OF SAID EAST HALF; THENCE EAST 100 FEET ON THE SOUTH LINE OF SAID NORTH 2.00 ACRES TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING EAST 50.00 FEET ON SAID SOUTH LINE;
THENCE SOUTH 75.00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF; THENCE WEST 50.00 FEET, PARALLEL WITH THE EAST LINE OF SAID NORTH 2.00 ACRES;
THENCE NORTH 75 .00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF TO THE TRUE POINT OF BEGINNING.
PARCEL 45: (APN: 614-101-026)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2 ACRES OF SAID EAST HALF; THENCE WEST 130.00 FEET ON THE NORTH LINE OF SAID SOUTH 2.00 ACRES
TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF INDIO RECORDED FEBRUARY 1, 1962 AS INSTRUMENT NO. 10152 OF OFFICIAL RECORDS;
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-48 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-49 THENCE NORTH 00° 14' 30" EAST, 15.00 FEET ON THE EAST LINE OF LAST SAID LAND TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET ON THE NORTHERLY LINE OF LAST
SAID LAND TO THE BEGINNING OF A CURVE THEREIN, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
THENCE NORTHWESTERLY 17.62 FEET ON SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 50° 27' 18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY 54.14 FEET ON LAST SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 88° 38' 00" TO THE TRUE POINT OF BEGINNING, A
RADIAL TO SAID
POINT BEARS NORTH 43° 42' 30" WEST;
THENCE NORTH 55° 42' 40" WEST TO THE WEST LINE OF SAID EAST HALF;
THENCE NORTH ON SAID WEST LINE TO THE SOUTHWEST CORNER OF THE NORTH
2.00 ACRES OF SAID EAST HALF;
THENCE EAST 100.00 FEET ON THE SOUTH LINE OF SAID NORTH 2.00 ACRES; THENCE SOUTH 75.00 FEET, PARALLEL WITH THE EAST LINE OF SAID EAST HALF; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID NORTH 2.00 ACRES TO
THE NORTHEAST CORNER OF THE LAND CONVEYED TO JAMES HAMPTON AND QUILLAR HAMPTON BY DEED RECORDED FEBRUARY 8, 1962 AS INSTRUMENT NO. 12456 OF OFFICIAL RECORDS; THENCE SOUTH 20° 33' 30" EAST, 25.26 FEET ON THE
EASTERLY LINE OF LAST SAID LAND TO THE MOST EASTERLY CORNER THEREOF
AND THE NORTHERLY LINE OF SAID LAND
DESCRIBED IN DEED TO THE CITY OF INDIO, SAID NORTHERLY LINE BEING A NONTANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET;
THENCE SOUTHWESTERLY ON SAID CURVE AND SAID NORTHERLY LINE TO THE TRUE POINT OF BEGINNING.
PARCEL 46: (APN: 614-101-027)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID EAST HALF, 267.25 FEET NORTHERLY FROM THE SOUTHEAST CORNER;
THENCE SOUTH 89° 28' 12" WEST ALONG THE CENTER LINE OF VIOLA COURT, 130.00 FEET; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID EAST HALF, 15.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET;
THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 20.00 FEET, A DISTANCE OF 17.62 FEET;
THENCE CONTINUING WESTERLY ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 35.00 FEET, A DISTANCE OF 28.61 FEET; THENCE NORTH 23° 33' 30" WEST, 25.26 FEET;
THENCE EASTERLY 85.83 FEET; THENCE SOUTHERLY PARALLEL TO THE EASTERLY LINE OF SAID EAST HALF, 43.46 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 47: (APN: 614-101-028)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2.00 ACRES OF SAID EAST HALF; THENCE WEST 130.00 FEET ON THE NORTH LINE OF SAID SOUTH 2.00 ACRES
TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO THE CITY OF INDIO RECORDED FEBRUARY 1, 1962 AS INSTRUMENT NO. 10152 OF OFFICIAL RECORDS;
THENCE NORTH 00° 14' 30" EAST, 15.00 FEET ON THE EAST LINE OF LAST SAID LAND TO THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 89° 28' 12" WEST, 36.40 FEET ON THE NORTHERLY LINE OF LAST
SAID LAND TO THE BEGINNING OF A CURVE THEREIN CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET;
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-50 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-51 THENCE NORTHWESTERLY 17.62 FEET ON SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 50° 27' 18" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY 54.14 FEET ON LAST SAID CURVE AND SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 88° 38' 00" TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS NORTH 43° 42' 30" WEST;
THENCE NORTH 55° 42' 40" WEST TO LINE WEST LINE OF SAID EAST HALF;
THENCE SOUTH ON SAID WEST LINE TO THE NORTHWEST CORNER OF THE SOUTH
2.00 ACRES OF SAID EAST HALF;
THENCE EAST ON THE NORTH LINE OF SAID SOUTH 2 ACRES TO THE MOST WESTERLY CORNER OP SAID LAND DESCRIBED IN DEED TO THE CITY OF INDIO;
THENCE NORTHEASTERLY ON THE NORTHERLY LINE OF LAST SAID LAND TO THE TRUE POINT OF BEGINNING.
PARCEL 48: (APN: 614-101-029)
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH 89° 27' 00" EAST, 996.10 FEET ON THE SOUTH LINE THEREOF TO THE
SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 00° 13' 37" EAST, 162.42 FEET ON THE WEST LINE OF SAID EAST ONEHALF TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00° 13' 37" EAST, 104.94 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 1 ACRE OF THE SOUTH 3 ACRES OF THE EAST ONEHALF OF SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION;
THENCE NORTH 89° 28' 12" EAST, 88.39 FEET ALONG SAID SOUTH LINE TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 89° 28' 12" WEST; THENCE SOUTH AND SOUTHEASTERLY, 33.25 FEET ON SAID CURVE THROUGH A CENTRAL ANGLE OF 54° 26' 18";
THENCE SOUTH 53° 17' 35" WEST, 129.06 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL 1 ON A MAP FILED IN BOOK 47, PAGE 32 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 49: (APN: 614-101-030)
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTH 2.00 ACRES OF THE
EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF;
EXCEPTING THEREFROM BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SAID SOUTH 2.00 ACRES; THENCE WESTERLY ON THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTH 2.00 ACRES 77.43 FEET; THENCE SOUTHEASTERLY ON A CURVE CONCAVE TO THE NORTHEAST WHOSE RADIUS IS 35.00 FEET AND WHOSE CENTRAL ANGLE IS 140° 29' 00" AND AN ARC LENGTH OF 85.75 FEET; THENCE NORTHEASTERLY ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS IS 20.00 FEET AND WHOSE CENTRAL ANGLE IS 50° 29' 00" AND AN ARC LENGTH OF 17.68 FEET; THENCE NORTHERLY ON A NON-TANGENT LINE A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHERLY 2.00 ACRES OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF;
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST; THENCE SOUTH 00° 11' 00" WEST ALONG THE WEST LINE OF
SAID SECTION
1,338.63 FEET TO THE CENTER LINE OF DATE STREET; THENCE NORTH 89° 27' 00" EAST ALONG THE CENTER LINE OF DATE STREET, 1,328.07 FEET TO THE CENTER LINE OF MARIGOLD LANE; THENCE NORTH 00° 14' 30" EAST ALONG THE CENTER
LINE OF MARIGOLD
LANE, 267.25 FEET; THENCE SOUTH 89° 28' 12" WEST ALONG THE CENTER LINE OF VIOLA COURT, 243.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING 89° 28' 12" WEST, 88.39 FEET;
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-52 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-53 THENCE SOUTH 00° 13' 37" WEST, 104.94 FEET; THENCE NORTH 53° 17' 35" EAST, 129.06 FEET; THENCE NORTHWESTERLY ALONG A 35.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 54° 26' 18" AN ARC LENGTH OF 33.25 FEET TO THE TRUE POINT OF BEGINNING;
SAID LAND IS SHOWN AS PARCEL 2, AS SHOWN BY MAP ON FILE IN BOOK 47 PAGE 32 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 50: (APN: 614-101-031)
THE NORTH 75.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTH 2.00 ACRES
OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. SAID NORTH 75.00 FEET BEING MEASURED ON THE EAST LINE OF SAID EAST HALF.
EXCEPT THE EAST 81.00 FEET.
ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF INDIO, BY DEED RECORDED SEPTEMBER 23, 1957 AS INSTRUMENT NO. 68227 OF OFFICIAL RECORDS.
PARCEL 51: (APN: 614-101-032)
THAT PORTION OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH 2 ACRES OF THE EAST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA; THENCE WEST ALONG THE NORTH LINE OF SAID SOUTH 2 ACRES
81.00 FEET; THENCE SOUTH PARALLEL WITH SAID EAST LINE 75.00 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE 81.00 FEET TO A POINT IN SAID EAST LINE; THENCE NORTH ALONG SAID EAST LINE, 75.00 FEET TO THE POINT OF BEGINNING.
PARCEL 52: (APN: 614-101-033)
THE EAST 81.00 FEET OF THE NORTHEAST QUARTER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7
EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT THE NORTH 75.00 FEET, MEASURED ON THE EAST LINE OF SAID EAST HALF.
PARCEL 53: (APN: 614-101-034)
THE NORTHEAST QUARTER OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THE NORTH 75.00 FEET, MEASURED ON THE EAST LINE OF SAID EAST HALF. ALSO EXCEPT THE EAST 81.00 FEET.
PARCEL 54A: (APN: PORTION 614-101-035)
THAT PORTION OF THE SOUTH 1.00 ACRE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE NORTH 00° 46' 40" EAST 100.00 FEET;
THENCE EAST 50.00 FEET;
THENCE SOUTH 00° 46' 40" WEST, 100.00 FEET;
THENCE WEST 50.00 FEET TO THE POINT OF BEGINNING.
PARCEL 54B: (APN: PORTION 614-101-035)
THAT PORTION OF THE SOUTH 1.00 ACRE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-54 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-55
MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE SOUTH 89° 27' 00" WEST, 331.95 FEET;
THENCE NORTH 00° 13' 37" EAST, 100.00 FEET TO THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL;
THENCE CONTINUING NORTH 00° 13' 37" EAST, 31.24 FEET;
PARCEL 55: (APN: 614-101-036)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EAST ALONG THE SOUTH LINE THEREOF,
50.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 100.00 FEET; THENCE EAST, 50.00 FEET;
THENCE SOUTH, 100.00 FEET TO THE SOUTH LINE OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION
26; THENCE WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 56: (APN: 614-101-037)
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE EAST ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 100 FEET, TO THE TRUE POINT BEGINNING; THENCE NORTH 100 FEET; THENCE WEST 100 FEET, TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH ON SAID WEST LINE, 33.68 FEET, MORE OR LESS, TO THE
SOUTHWEST CORNER OF THE LAND CONVEYED TO BILL WOOD BY DEED FILED FOR RECORD AUGUST 8, 1938 AS INSTRUMENT NO. 4346 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE EAST ON THE SOUTH LINE OF THE
PARCEL CONVEYED TO BILL WOOD ON THE EASTERLY EXTENSION THEREOF, 236.98 FEET, TO A POINT 95 FEET WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE
SOUTH PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 133.62 FEET, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE WEST ON SAID SOUTH LINE, 136.95 FEET, TO THE TRUE POINT OF BEGINNING; EXPECTING THEREFROM THE SOUTH 25 FEET THEREOF AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED FEBRUARY 5, 1947 IN BOOK 818 PAGE 227 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXPECTING THEREFROM THAT PORTION AS CONVEYED TO JAMES B.
HAMPTON AND QUILLAR K. HAMPTON, HUSBAND AND WIFE AS JOINT TENANTS, DESCRIBED AS FOLLOWS:
A PORTION OF THE SOUTH 1 ACRE OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 89° 27' WEST 331.95FEET; THENCE NORTH 00° 13' 37' EAST 100 FEET TO THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING NORTH 00° 13' 37" EAST, 31.24 FEET; THENCE SOUTH 89° 27' WEST, 50.00 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
PARCEL 57A: (APN: PORTION 614-101-038)
THE EAST 91.00 FEET OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-56 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-57 EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF. ALSO EXCEPT THE EAST 75.00 FEET.
PARCEL 57B: (APN: PORTION 614-101-038)
THE WEST 4.00 FEET OF THE EAST 95.00 FEET OF THE SOUTH 2.00 ACRES OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF.
PARCEL 58: (APN: 614-101-039)
THE EAST 75.00 FEET OF THE SOUTH 2.00 ACRES OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THAT PORTION IN THE NORTHEAST QUARTER OF SAID EAST HALF.
SITE PLAN
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-58 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-59
EXHIBIT B
PROJECT DESCRIPTION
HCL Indio Land Development LLC (the “Developer”) has proposed to acquire 15.35 acres of the City’s 19.04 acres for private development. This area will be comprised of new Parcels 1-5. The remaining 3.69 acres (Parcel 6) will be developed with a public park and public parking to be owned and operated by the City. Prior to the purchase and transfer of the parcels to Developer, a development agreement must be approved by the Indio City Council in accordance with California Government Code Title 17, Division 1, Chapter 4, Article 2.5, Development Agreements, Sections 65864-65869.5. The Development Agreement is intended to address required on-site and off-site improvements that are further described below.
Overview of Developer’s Development Vision for Parcels 1-5:
Developer proposes to develop Parcels 1 and 2 comprised of approximately 8.36 acres for multi-family residential land uses. Developer proposes to develop Parcel 3 comprised of approximately 4.23 acres as hospitality and retail land uses. Developer proposes to develop Parcels 4 and 5 that are approximately 1.38 acres and 1.39 acres, respectively, in size as surface parking lots for the benefit of Parcels 1-3 and the surrounding community. Developer’s proposed development of Parcels 1-5 will be required through entitlement processing to demonstrate compliance to the land use allowances and design and development standards of the Highway 111 Corridor Specific Plan.
Developer proposes that the design of the vehicular circulation through and around the site will incorporate all of the parcels and their respective developments as a cohesive master planned project. Each individual parcel is proposed to have its own personal design to allow for individual identity while maintaining certain architectural elements to link Parcels 1 through 5 architecturally. The roadway design, parking areas, pedestrian paths and landscaping will provide the design and circulation link between the parcels.
Developer is proposing that the on-site improvements have high architectural quality, be well landscaped, and be efficiently and aesthetically designed. The shape, scale, exterior design and exterior finishes of future buildings shall be coordinated throughout the development of each parcel and shall conform to the Highway 111 Corridor Specific Plan.
Developer proposes that the location and scale of future development shall take into consideration the adjacent property uses, guiding the placement and proximity of the improvements to the surrounding streets, developments, adjacent neighborhoods as well in accordance with relevant regulatory provisions of the Highway 111 Corridor Specific Plan.
The Project shall include the following:
To ensure that the development of the 19.04 acres meets the visions and policies of the City of Indio General Plan 2040 and is consistent with the Highway 111 Corridor Specific Plan, this Agreement shall include the following:
1. Parcel 1 (2.79 acres) may be combined with the adjacent 1.39 acre Parcel acquired from the owner, Indio Grand Marketplace LLC through a lot merger approved by the City of Indio to create a 4.18 acre Phase 1 residential development area.
2. Approximately 125 residential apartments shall be constructed on the combined
4.18 acre site and shall be constructed with three or four stories pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.
3. Parking for the residential apartments shall be fully contained within the boundaries of the 4.18 acres site, shall be a combination of covered and uncovered parking and shall be designed in accordance with the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.
4. The residential apartments may be rented at market rate prices.
5. The residential apartments shall exhibit high architectural quality pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations and shall have interior amenities to respond to consumer demands.
6. The residential apartments shall be supported with on-site amenities for the residents.
7. Parcel 2 comprised of approximately 5.57 acres shall be developed with approximately 170 residential units and shall be constructed with three or four stories pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations .
8. Parking for the Parcel 2 residential apartments shall be fully contained within the boundaries of the 5.57 acres site, shall be a combination of covered and uncovered parking and shall be designed in accordance with the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations.
9. The parcel 2 residential apartments may be rented at market rate prices.
10.The Parcel 2 residential apartments shall exhibit high architectural quality pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other local, state or federal regulations and shall have interior amenities to respond to consumer demands.
11.The Parcel 2 residential apartments shall be supported with on-site for the residents.
12.Parcel 3 comprised of 4.23 acres shall be to be developed with a hotel and multiple restaurant or retail pads. The hotel shall be a mid-to-higher level rated hotel product
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-60 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-61 with a minimum of 120 rooms. The hotel and restaurant or retail use shall be developed pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other applicable local or state or federal regulations.
13.Parcels 4 and 5 comprised of 1.38 acre and 1.39 acres, respectively, in size shall be comprised of surface parking spaces to provide overflow parking for Parcels 1-
3. The surface parking spaces shall be developed pursuant to the regulatory provisions of the Highway 111 Corridor Specific Plan and other applicable local or state or federal regulations.
(Intentionally Left Blank)
APPENDIX B | INDIO MARKETPLACE AGREEMENT
B-62 | INDIO 111 CORRIDOR SPECIFIC PLAN ADOPTED 9.21.22 |B-63
EXHIBIT C
DESCRIPTION OF OFF-SITE PUBLIC IMPROVEMENTS
1. On Monroe Street, Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall remove and replace existing concrete sidewalk and street lights; install a traffic signal and construct a site access driveway.
2. On John Nobles Avenue, Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall remove and replace existing concrete sidewalk, street lights, driveways and curb and gutter; and existing utility poles; and adjust existing water valves and sewer manholes as necessary.
3. On Rubidoux Street, Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall remove and replace existing concrete sidewalk, cross-gutter, driveways, curb ramp, and curb and gutter and install new street lights.
4. Developer shall carry out the design and construction of required 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.
5. Developer, pursuant to applicable City of Indio engineering standards and City approved engineering plans, shall construct public park improvements on Parcel 6 to be owned by the City comprised of hardscape, landscape, surface parking areas, signage and other related park improvements.
EXHIBIT D
LEGAL DESCRIPTION OF PUBLIC PARK SITE
(Legal description and parcel map currently being prepared and will be inserted in to the final document)
B-64 | INDIO 111 CORRIDOR SPECIFIC PLAN
Receive a presentation on the Highway 111 Corridor Specific Plan from th... Page 526 of 883 HIGHWAY 111
SPECIFIC PLAN
CITY COUNCIL
OCTOBER 7, 2026
BACKGROUND
• On September 21, 2022, the Indio City Council adopted the Highway 111 Corridor Specific Plan
• Since adoption, the plan was amended once on November 20, 2024, as part of a change in zoning for 10 parcels located within the plan area
PLAN AREA
The Plan area applies to properties approximately ¼ mile on either side of Highway 111 from Jefferson Street to Indio Boulevard (950 acres, 4-Stretch)
REGULATING ZONES
CORRIDOR SEGMENTS
SPECIFIC PLAN GOALS/VISION
Goals
Visionary planning & design, human scale (“placemaking”), connective land use patterns, strong visual identity, market-driven growth, and implementation focused
Vision
Transformation from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the City of Indio
Receive a presentation on the Highway 111 Corridor Specific Plan from th... Page 533 of 883
STANDARDS & GUIDELINES
• Development Standards & Guidelines apply to all new projects proposed in the Plan area
• Regulatory zones, overlays, subareas and applicable development standards and guidelines related to site design, allowed uses, building placement/height, parking, and signage apply to all new proposed development
IMPLEMENTATION
• Identifies strategies and related policies to implement the Plan • Strategies are categorized into private Development, economic development, public realm, and anti-displacement
DEVELOPMENTS TO DATE
Built:
• Starbucks opened earlier this year
• Mathis Digital Sign
Under Construction:
• Grand Marketplace Phase I
• Digital Sign (Mathis)
Approved:
• Urban Plaza Gas Station/Mini-Mart
• Liberty Star Affordable Housing (206 units and
3,000 sq. ft. commercial)
• Palmera Residential (346 Apartments)
DEVELOPMENTS TO DATE
Under Review:
• Vaja Boutique Hotel (119 Key)
Pending Review at Council:
• 7 Brew Drive-Thru Coffee
DEVELOPMENTS TO DATE
Recently Approved by Council:
• Grand Marketplace Phase II
• Development Standards (Required Building Heights)
• Development Review / Permitting (Master Planned Development Permit / Streamlining)
• Auto Oriented Land Uses / Limited Land Uses (Limited Approval for Near Term Development Patterns, Drive Through Development proposals are common)
• Residential Development (Limited Proposals, 500 units envisioned) • Signage (Requests for Larger Signs, Digital Signage)
CHALLENGES TO DATE
• Since Plan approval, we have seen a total of 8 limited uses proposed and/or approved.
• Some of these uses include drive-through restaurants, bank and a gas station.
• The goal is to restrict the number of limited uses in each sub-area. • The “Cap” is to ensure that these developments do not disrupt or impede the intended long-term urban character and patterns of the Corridor.
LIMITED LAND USES
• Staff Received input from the Community Services Commission on August 18, 2026, which included:
o The need for another park on the east side (Parks Master Plan) o More Shade
o Create Opportunities to Gather
o Human Scale / More walkability
COMMUNITY SERVICES COMMISSION
Staff Received input from the Planning Commission on Sept 9, 2026, which included:
o Limit Auto-Oriented Uses (as a limited land use)
o Do not increase signage allowance (including digital signs) o Encourage Mixed-Use projects
o Increase parks/green space along Highway 111
o Amend Minium Building Height Requirements:
-Reduce from 3 stories to 2 for East/West Gateways
-Maintain 3 story height requirement for Mid-Town Corridor
PLANNING COMMISSION
• The Community Development Department will be preparing future amendments to the Highway 111 Corridor Specific Plan.
• Input from the Community Services Commission, Planning Commission, and City Council will be addressed in the proposed amendments to the plan.
• A consultant will be hired to prepare amendments with the goal of improving the Plan and addressing areas that may not be in line with the current goals and vision for the Highway 111 corridor.
UPCOMING AMENDMENTS
STAFF RECOMMENDATION
• Review feedback received from both Commissions; and
• Provide additional input on future amendments to the plan.
City of Indio
City Council
October 7, 2026
STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Miguel Ramirez-Cornejo, Dir. of Economic Development Conflict: Yes Member: Elaine Holmes
Subject: Introduction and First Reading Ordinance No. XXX, Establishing a Six-Month Downtown Entertainment Zone Pilot Pursuant to SB 969
RECOMMENDATION:
Staff recommends that the City Council introduce by title only for first reading Ordinance No.
XXXXX, adding Chapter XX to the City of Indio Municipal Code to establish a six-month Downtown Entertainment Zone (DEZ) pilot program pursuant to Senate Bill 969. During authorized Citysponsored events, patrons could purchase alcoholic beverages from participating ABC-licensed establishments and consume them within designated public areas of the DEZ. Activations would be limited to specific areas and hours and would be subject to City-approved operational and publicsafety requirements. Staff would evaluate participation, operations, public-safety incidents, and economic effects before returning to City Council with recommendations regarding the program’s continuation, modification, or expiration. The purpose of the Ordinance is to support economic activity, activate public spaces, and advance the City's Strategic Plan goal of establishing Downtown Indio as a vibrant destination for community, culture, and commerce.
SUMMARY:
The proposed Ordinance creates a Downtown Entertainment Zone (DEZ) pilot program pursuant to Senate Bill 969, allowing patrons to purchase alcoholic beverages from participating, licensed businesses and consume them within designated public areas during City-sponsored or Cityapproved events and within approved activation hours. Staff proposes the six-month pilot program to evaluate the DEZ’s operational effectiveness, public safety, and economic benefits before City Council consideration of any future continuation or modifications.
BACKGROUND INFORMATION:
Entertainment Zone Legislation
Senate Bill 969 (2024), effective January 1, 2025, authorizes cities to establish Entertainment Zones, which are defined areas where patrons may consume alcoholic beverages in designated public areas, such as streets, sidewalks, or plazas, under controlled conditions. Entertainment Zones must be established by local ordinance and must comply with the regulations of the California Department of Alcoholic Beverage Control (ABC). Existing businesses may be eligible to participate in the sale of alcoholic beverages as part of an Entertainment Zone if they have an existing permanent business location (i.e., a brick-and-mortar business) within the designated Entertainment Zone and possess an active ABC license. Participating businesses may allow their patrons to leave AGENDA ITEM #13.1
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 545 of 883 the business premises with an open container of an alcoholic beverage for consumption within the boundaries of that Entertainment Zone.
Research and Peer-City Outreach
Staff conducted research to evaluate potential approaches to implementing an Entertainment Zone under the expanded authority provided by Senate Bill 969. This included reviewing adopted ordinances and pilot frameworks in other jurisdictions, as well as conducting direct outreach to California cities with experience implementing Entertainment Zones, including:
City of Upland
City of Redding
City of Mountain View
City of Santa Monica
City of Long Beach
These discussions provided staff with practical insight regarding business participation, public education, security, coordination with the California Department of Alcoholic Beverage Control (ABC), operating procedures, and lessons learned from actual Entertainment Zone activations.
Based on this research and peer-city outreach, staff found that Entertainment Zones can be implemented in a manner that supports downtown activation and local business engagement while maintaining appropriate operational and public safety controls. Peer cities generally reported that implementation challenges were primarily related to public education, business coordination, zone boundaries, signage, containers, and event-specific staffing rather than significant alcohol-related or public safety incidents. The proposed ordinance incorporates these lessons while tailoring the Entertainment Zone framework to the needs of Downtown Indio.
Downtown Indio has experienced significant growth in visitation and activity in recent years. Since 2023, Downtown Indio has seen a steady increase in visitors, from 200,500 visits per year to over 550,000 in the last 24 months. The proposed DEZ pilot program is intended to build upon this momentum by supporting local businesses, enhancing visitor experience, and further activating Downtown Indio during community events.
Consistent with Business and Professions Code section 25692, staff notified Indio Police Department of the proposed Entertainment Zone and requested feedback regarding potential health and safety impacts, mitigation strategies, boundaries, hours, authorized beverages, and approved containers.
Strategic Alignment with City Plans and Strategies
The City's Strategic Plan identifies Downtown Destination as a key goal, emphasizing the creation of a vibrant urban center that integrates community, culture, and commerce. In April 2020, the Downtown Specific Plan established a vision for revitalizing Downtown Indio to promote economic development and create a vibrant pedestrian-oriented environment. The City’s General Plan supports this vision by encouraging mixed uses, including hospitality, retail, dining, and entertainment, to foster a dynamic urban core. Establishing the DEZ aligns with several adopted City plans and strategies by supporting downtown vitality, activating public spaces, and enhancing community programming.
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 546 of 883
1. City of Indio Strategic Plan – Downtown Destination. The City’s Downtown Destination goal emphasizes creating a vibrant downtown with activities and entertainment opportunities for residents and visitors. Key concepts include:
a. Objective 5: Downtown Activities and Programs. Improve activities and programs in Downtown Indio with offerings throughout multiple times of the day to encourage attraction.
b. Objective 8: Entertainment and Nightlife. Create entertainment options so that Downtown Indio is a lively destination with options for nightlife activities.
2. City of Indio Downtown Specific Plan. The City’s vision for the downtown emphasizes placemaking and active public spaces. Key concepts include:
a. Goal 1: High quality of life: Downtown will provide all residents of Indio with a unique, authentic, and constantly interesting destination for family outings, shopping, dining, entertainment and recreation, and provide visitors with a unique and memorable experience of Indio, causing them to return repeatedly. b. Goal 2: Lively section of nightlife, entertainment and recreation options: Downtown already includes a notable concentration of civic, cultural, recreation and entertainment amenities, and is uniquely and ideally positioned to become Indio’s most significant center of culture, nightlife, entertainment and recreation and operate as a true “18-hour per day” district.
c. Goal 9: Expand the “City of Festivals”: Indio’s many, internationally-known festivals generate high levels of visitorship (locally, regionally, and internationally), which provides great opportunities for visitors from around the world to discover Downtown Indio. Through coordinated design, programming, and district branding of the Downtown—including public realm improvements to create high-quality public gathering spaces—Downtown Indio will become one of the premier event venues in the city and the region.
3. City of Indio General Plan. An Entertainment Zone is consistent with the policies in the City’s General Plan, which emphasizes downtown as a vibrant mixed-use district and community gathering space. Relevant goals and policies include:
a. Goal ED-1: Vibrant Economy. A vibrant economy that maintains existing businesses and attracts new development.
b. ED-1.8: Marketing program. Support marketing programs that emphasize Indio’s unique economic opportunities, including cultural, arts, and environmental advantages and attributes.
c. ED-1.9: Placemaking. Support a variety of revitalization and improvement programs focused on placemaking and beautification, such as community events. d. ED-7.4: Cultural and art events. Continue to publicize cultural and arts events and attractions in Indio to residents, potential visitors, and business prospects. e. ED-7.5: Cultural tourism. Recognize the value of music, dance, theater and visual arts to Indio’s quality of life and economy, supporting cultural tourism as part of an economic development strategy for the City.
DEZ Boundary and Primary DEZ Activation Area
Entertainment Zone Boundary: The proposed Downtown Entertainment Zone is bounded by Oasis Street to the west, Indio Boulevard to the north, and Bliss Avenue to the south, as depicted in blue on Exhibit A. Along the eastern edge, the boundary generally mirrors the Primary DEZ
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 547 of 883 Activation Area before extending south along Smurr Street to Bliss Avenue. This larger boundary represents the full DEZ area the city is being asked to approve. As depicted in Exhibit A to the proposed Ordinance.
Primary DEZ Activation Area: The portion of the Downtown Entertainment Zone that represents where most activations are expected to occur within the smaller area shown in red on Exhibit A. The Primary DEZ Activation Area is bounded by Oasis Street to the west, Indio Boulevard to the north, Smurr Street to the east, and Miles Avenue to the south, as depicted in red on Exhibit A. The Primary DEZ Activation Area represents the area typically activated during most City-sponsored events and activations. These events may include Echo Lounge, Chella, Giddy-Up Lounge, Asada Fest, Viva Indio, and the BBQ Festival. The City may activate the larger, blue DEZ boundary for larger-scale events, such as the Tamale Festival.
Depending on the event, the City may activate all or part of the DEZ, providing flexibility based on operational needs and the nature of the event while maintaining appropriate public safety measures.
Activation of the DEZ will be limited to City-supported events and restricted to specific event hours.
This approach enables a controlled rollout with coordinated operations and enhanced public safety.
This area was selected based on several factors, including established cultural and commercial identities, concentration of ABC-licensed businesses, pedestrian-friendly environment, and a history of hosting successful special events.
Activations Limited to City Events
Activation of the DEZ are limited to City events, which means City-organized or City-hosted events.
The City will maintain the flexibility to scale the zone, choosing a full street closure for larger events or a segmented approach for smaller, block-specific activations. This high level of control will ensure the City can adequately address public safety considerations and develop standard operating procedures, including detailed site maps, traffic control plans, security plans, and alcohol perimeter controls.
DEZ Operational Requirements
Operational requirements for the DEZ include participation limited to ABC-licensed businesses holding appropriate on-sale licenses, the use of City-approved non-glass and non-metal containers bearing the name or identifying mark of the participating business, and age verification through wristbands for patrons consuming alcohol. Participating businesses must serve beverages in approved containers bearing the business name, comply with all applicable State and local laws, and adhere to the City’s Downtown Entertainment Zone Management Plan.
Licensed businesses that intend to participate in a DEZ activation must comply with all applicable state laws and ABC regulations. This includes fulfilling the state requirement to submit an advance notice of their participation in the DEZ to ABC. Notifications must be submitted annually through the ABC website, and failure to do so may result in enforcement action by ABC and may jeopardize a business’s ABC license. Participation is voluntary, and no business would be obligated to take part simply because they are located within the zone. Rather, the ordinance would provide a legal and operational framework for those businesses choosing to participate.
Current downtown businesses that may be eligible to participate in the DEZ program include:
The Dune Room - 82707 Miles Ave, Indio, CA 92201
Victoria’s Bar & Grill - 82720 Miles Ave, Indio, CA 92201
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 548 of 883 Indio Taphouse - 82867 Miles Ave Unit 1, Indio, CA 92201 The Station - 82921 Indio Blvd, Indio, CA 92201
Rosemary Hi-Fi - 45120 Oasis St, Indio, CA 92201
Eligibility and participation would remain subject to each business’s ABC license type, operating conditions, annual ABC notification, and compliance with City requirements.
Future downtown businesses that could potentially participate include:
Donna Forte - 82862 Miles Ave, Indio, CA 92201
Little Bird - 45130 Oasis St, Indio, CA 92201
Mi Cultura - 45238 Oasis St, Indio, CA 92201
Providing a broader DEZ boundary allows flexibility for future business eligibility as additional businesses open and obtain appropriate ABC licenses.
Operating Hours
The proposed ordinance establishes the maximum hours during which the DEZ may operate. When the DEZ is activated, consumption of alcoholic beverages within the designated boundaries is permitted between 12:00 p.m. and 9:00 p.m. The DEZ may be activated on any day of the week, as determined by the City. The specific hours of operation for the DEZ will vary based on the nature of the event and associated logistics but must fall within the authorized time frame. Public consumption of alcoholic beverages within the DEZ would remain prohibited at all other times.
Boundaries and Signage
The Downtown Entertainment Zone (DEZ) boundaries will be clearly identified using City-approved signage, sidewalk decals, and other approved markings to ensure patrons and law enforcement can easily recognize the designated area. The ordinance prohibits the delivery of alcoholic beverages within the DEZ, except for lawful deliveries to residences or private business that are not ABC licensees, and requires compliance with all applicable federal, state, and local laws and regulations.
Alcoholic beverages may only be consumed within the designated Entertainment Zone, and patrons are prohibited from carrying open containers into participating or nonparticipating businesses or outside the DEZ boundaries.
Security Requirements
The Ordinance includes provisions to ensure compliance with all applicable safety laws and enforcement by authorized personnel. For each activation, City staff event organizers will develop a detailed security and operations plan for each event in collaboration with the Indio Police Department for review and approval. City public safety officers and event staff will coordinate to oversee activities within the DEZ prior to any DEZ event and during activation hours. Established complaint and incident response procedures will help maintain a balance between public enjoyment and safety.
Participating businesses will also be required to adhere to the requirements of the Operations Manual and their ABC licenses. A violation of this chapter may result in immediate suspension from the pilot program, suspension or revocation of City authorization to participate in future activations, administrative enforcement under the City’s Municipal Code, and referral to ABC.
Pilot Phase Duration
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 549 of 883 The initial implementation pilot period will be managed by the Economic Development Department in collaboration with the Police, Fire, Code Enforcement, and Public Works Departments to ensure a vibrant, safe, and successful experience for residents and businesses. Throughout the six-month pilot phase, the City will conduct ongoing monitoring by tracking key indicators such as patron and business participation and incident reports. Periodic evaluations will be conducted to assess program effectiveness, inform necessary adjustments, and support decision-making regarding the Downtown Entertainment Zone's future.
Economic Development staff will report to the City Council at the end of the 6-month pilot period and report on the DEZ so Council may consider and provide direction on next steps for the program, including whether to permanently adopt the DEZ, with modifications as necessary, to expand the DEZ or allow the pilot program to sunset. If the City Council extends or permanently establishes the DEZ following the pilot, the City will conduct the review required by Business and Professions Code section 25692 every two years, in consultation with local law enforcement.
ENVIRONMENTAL REVIEW
Adoption of the proposed ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15304, subdivision (e), because the ordinance authorizes only minor temporary uses of public rights-of-way during a six-month pilot period, with no permanent physical improvements or effects on the environment. The Entertainment Zone authorized by the proposed ordinance would involve only “[m]inor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.” None of the exceptions to the application of a categorical exemption in Section 15300.2 of the CEQA Guidelines apply to the proposed ordinance.
PUBLIC NOTICING
The City Council’s agenda and report appear on the City’s website. Notice of the meeting was mailed to all property owners of record whose parcels are located wholly or partially within a 750- foot radius of the exterior boundary of the proposed Downtown Entertainment Zone. Public notice of the hearing was published in a newspaper of general circulation.
ATTACHMENTS:
Ordinance Establishing the Downtown Entertainment Zone
Downtown Entertainment Zone Participation Agreement
Downtown Entertainment Zone Management Plan
APPROVAL(S):
Miguel Ramirez-Cornejo, Dir. of Economic Development Approved - 24 Sep 2026 Ruby D. Walla, Director of Finance Approved - 25 Sep 2026 Steven Graham Pacifico, City Attorney Approved - 30 Sep 2026 Jonathan Nicks, City Manager Approved - 30 Sep 2026
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 550 of 883 ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ADDING CHAPTER ______ (DOWNTOWN ENTERTAINMENT ZONE) AS A SIXMONTH PILOT PROGRAM TO THE CITY OF INDIO CODE OF ORDINANCES WHEREAS, the City of Indio (“City”) is a general law city; WHEREAS, Senate Bill 969 (2024) added Section 23039.5 to the California Business and Professions Code, which authorizes cities and/or counties to enact an ordinance establishing an “entertainment zone”;
WHEREAS, Section 23039.5 of the Business and Professions Code defines “entertainment zone” as a zone created by a city, county, or city and county ordinance on or after January 1, 2025, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way; WHEREAS, pursuant to Senate Bill 969, the City desires to enact this ordinance to establish the Downtown Entertainment Zone (DEZ), an entertainment zone for the purpose of allowing licensees to sell beer, wine, and distilled spirits for off-site consumption in designated public spaces during certain hours for the purpose of attracting more visitors to downtown Indio and boosting spending at local establishments;
WHEREAS, the City has an important government interest in maintaining a thriving downtown environment and protecting the health, safety, and economic welfare of its citizens and businesses;
WHEREAS, establishing an entertainment zone in the City’s downtown where people can buy open container drinks from local bars, restaurants, wineries, and breweries and enjoy them outside in designated public spaces during certain hours for the purpose of creating an active downtown will result in attracting more visitors and an increase in foot traffic, and boost spending at downtown establishments;
WHEREAS, licensees within the Entertainment Zone are not required to sell any alcoholic beverage for consumption off the premises; WHEREAS, public safety is of utmost importance and therefore, the City’s DEZ ordinance will operate as a six-month pilot program to allow the City to assess public safety and ensure the DEZ is maintained in a manner that protects public health and safety;
WHEREAS, in compliance with Business and Professions Code section 25692, City staff have notified and received feedback from the City of Indio Police Department about potential health and safety impacts that might be generated by the DEZ and strategies to mitigate those impacts;
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 551 of 883 WHEREAS, the creation of entertainment zones is categorically exempt from the California Environmental Quality Act (“CEQA”) as a minor temporary use of land having negligible or no permanent effects on the environment pursuant to CEQA Guidelines section 15304(e); and
WHEREAS, the City Council finds that the adoption of this Ordinance is in the best interest of the City because the DEZ will promote economic development, support local businesses, and encourage activation of public spaces in a manner that protects the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter ___ shall be added to the Indio Municipal Code as follows:
XXXX.010 Purpose.
The purpose of this Chapter is to establish a process by which to create an Entertainment Zone within the City of Indio, as authorized by Section 23039.5 of the California Business and Professions Code, where people can buy “to-go” open container alcoholic drinks from local bars, restaurants, wineries, and breweries and enjoy them outside in common spaces like plazas, sidewalks, and streets during certain hours. Entertainment Zones are intended to attract new patrons to the City by creating a safe and sociable street atmosphere featuring signature events that will encourage people to socialize and contribute to the health of local businesses. Entertainment Zones would likely increase pedestrian activity, boost revenue for downtown businesses, and create a vibrant cultural hub, all while prioritizing safety for all.
XXXX.020 Definitions.
For the purposes of this Chapter, the following definitions shall apply:
"ABC" means the California Department of Alcoholic Beverage Control. "Entertainment Zone" has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended from time to time. “Downtown Entertainment Zone” shall mean the area bounded by any single block by Indio Boulevard to the north, Oasis Street to the east, Miles Avenue to the south, and Bliss Avenue to the west, as shown on the map and description attached here to as Exhibit A including all publicly-owned property, public rights-of-way and private property located therein, or any combination of blocks or half-block portions thereof as described in the City’s Entertainment Zone Event Notice.
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 552 of 883 “Entertainment Zone Event” means a City-sponsored, City-approved event that occurs within the boundaries of an Entertainment Zone established in accordance with this Chapter and applicable City policies.
“Entertainment Zone Management Plan” means a plan approved by the City Manager for the management and regulation of the Entertainment Zone, containing operational rules of Entertainment Zone Events, including approved container types and any event-specific hour restrictions.
"Licensee" means any person, business, or other entity duly licensed to sell alcoholic beverages located within the boundaries of an Entertainment Zone.
XXXX.040 Entertainment Zone Controls With respect to the Entertainment Zone Event designated in accordance with the terms of this Chapter, the following regulations shall apply:
A. Procedure to Activate Entertainment Zone Event. The City Manager, or designee, may activate an Entertainment Zone Event by transmitting a notice to all affected permit holders, business owners, and property owners within the Entertainment Zone boundary at least 72 hours prior to an Entertainment Zone Event, and by conspicuously posting a physical copy of the notice at City Hall.
B. All licensees and organizations sponsoring or selling alcoholic beverages within the Entertainment Zone shall comply with all applicable state and local laws and regulations, including but not limited to, the following:
1. All applicable ABC license and permitting requirements;
2. Sections 23357, 23358, and 23396 of the California Business and Professions Code, as may be amended from time to time;
3. The Indio Municipal Code and all other laws governing the sale and consumption of alcoholic beverages and all permits and licenses issued pursuant thereto;
4. Applicable road closure regulations and procedures; and
5. Any applicable Entertainment Zone Management Plan issued pursuant to this Chapter.
B. Open alcoholic beverages may be consumed on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within an Entertainment Zone during an Entertainment Zone Event, subject to any other restrictions imposed by State or local law.
C. All open alcoholic beverages consumed during an Entertainment Zone Event shall be purchased only from a premises located within the Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 553 of 883 may be amended from time to time, to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premise, or an organization that is authorized by an ABC special event permit or license to make such sales within the Entertainment Zone.
D. Pursuant to sections 23357, 23358, and 23396 of the Business and Professions Code, any restrictions on licensee privileges on the exercise of off-sale privileges shall not apply to the removal of open alcoholic beverages from the licensed premises for consumption in the DEZ.
E. Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers of alcoholic beverages for consumption off the premises within the DEZ shall provide to the City a copy of the notice provided to ABC under California Business Professions Code sections 23357, 23358, or 23396, as applicable, at the same time such notice is provided to ABC. In addition, participating licensees are required to submit a participation agreement to the City notifying it of their intent to participate in the Entertainment Zone.
F. Delivery of alcoholic beverages to consumers within the Entertainment Zone by a participating licensee or third party delivery service is prohibited unless the delivery is to a residential building or private business that is not a licensee.
G. OnlyABClicensedrestaurants,bars,breweries, and wineries containing an onsale license are eligible to participate in selling open container alcoholic beverages for consumption within an Entertainment Zone.
H. Patrons with open container alcoholic beverages must exit the ABC licensed premises directly into the DEZ and shall not be in any other area of the City outside of the DEZ that does not allow open containers.
I. The types of alcoholic beverages that are permitted to be consumed offpremises in the Entertainment Zone are beer, wine and distilled spirits, and are limited to the type of alcoholic beverage specified in the ABC license issued to the participating businesses.
J. During the duration of an Entertainment Zone Event, every patron purchasing an alcoholic beverage for consumption in the Entertainment Zone or drinking an alcoholic beverage within the Entertainment Zone must be wearing a wristband identifying them as 21 years of age or over. All of the businesses within the Entertainment Zone must use a single style of wristband agreed upon, and approved by the City, prior to the operation of the Entertainment Zone Event.
Patrons shall wear wristbands within the Entertainment Zone at all times. If a patron is not wearing a wristband, staff within licensed businesses may check patron’s IDs to confirm their age and provide them wristbands.
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 554 of 883 Patrons of all ages may be admitted into the Entertainment Zone. Alcohol-serving businesses may admit patrons under the age of 21 if allowed by their ABC liquor license.
K. Container or Cup Requirement. Licensees shall not serve open container alcoholic beverages for off-premises consumption in any metal or glass container.
All open container beverages for off-premises consumption within an Entertainment Zone shall be served in City-approved non-glass and non-metal plastic cups or containers. These containers must display the name of the ABC licensed business from where it is purchased within the Entertainment Zone.
L. Signage. The boundaries of the Entertainment Zone Event must be clearly marked by easily visible signage posted around the perimeter of the Entertainment Zone.
The signage must instruct patrons not to carry alcoholic beverages outside the Entertainment Zone (e.g., "No Alcoholic Beverages Beyond This Point"). Signs must be illuminated well enough to be sufficiently visible during nighttime hours of the Entertainment Zone Event.
M. Disposal. Patrons shall properly dispose of their cups or containers prior to exiting the Entertainment Zone Event.
XXXX.050 Implementation
A. After the establishment or modification of the Entertainment Zone, the City Manager shall, in consultation with the City of Indio Police Department, provide the following information to ABC, pursuant to the California Business and Professions Code section 25690:
1. A copy of the ordinance establishing or modifying the Entertainment Zone;
2. Information as may be necessary to identify the boundaries of the Entertainment Zone;
3. The days and hours of operation of the Entertainment Zone;
4. The types of alcoholic beverages permitted within the Entertainment Zone; and
5. The approved non-glass and non-metal containers in which alcoholic beverages may be authorized.
B. The City Manager or designee is authorized to promulgate administrative regulations under this Chapter, including an Entertainment Zone Management Plan that:
1. Establishes a process or procedure to readily identify individuals purchasing or consuming alcoholic beverages within the Entertainment Zone as being twentyone years of age of older;
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 555 of 883
2. May include requirements not otherwise imposed by State or local law, but which are nonetheless enforceable pursuant to this Chapter, including but not limited to additional requirements for approved beverage containers, additional restrictions on the hours of operation for Entertainment Zone Events, and other time, place, and manner restrictions; and
3. The City Manager or designee shall transmit to ABC upon issuance or revision of an Entertainment Zone Management Plan.
C. Administrative Regulations. The City Manager, or designee, may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, application procedures, permit conditions and requirements, and health and safety measures. The City Manager may revise these regulations from time to time as it deems appropriate. The Entertainment Zone Management Plan shall be considered an enforceable administrative regulation.
XXXX.060 Downtown Entertainment Zone
1. All public streets, sidewalks, and public rights-of-way within the area bounded by Indio Boulevard to the north, Oasis Street to the west, Bliss Avenue to the south, with the eastern boundary along Smurr Street as depicted in Exhibit A, are hereby designated as the DEZ under sections 23039.5 and 25690 of the California Business and Professions Code.
2. Outdoor consumption of alcoholic beverages is authorized within the DEZ during an Entertainment Zone Event, which could occur between the hours of 12:00 p.m. and 9:00 p.m., on any day of the week. The City Manager or designee may authorize different hours for a specific Entertainment Zone Event based on event-specific operational, public safety, or programming considerations. All Entertainment Zone Events remain subject to any additional limitations imposed by applicable ABC permits or licenses and the Management Plan. Businesses are prohibited from selling open container alcoholic beverages for consumption outside of these hours.
3. Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed herein.
XXXX.070 Periodic Review
The City Manager may schedule a periodic review by the City Council of the operations authorized by this Ordinance. The purpose of the City Council’s periodic review shall be to consider whether the public health, safety, convenience, or general welfare warrants amendments to the Ordinance prior to the termination of the pilot period. The review is to ensure the Entertainment Zone is being maintained in a manner that protects the health
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 556 of 883 and safety of the general public. Any reports made during the review shall be made available to ABC upon request.
XXXX. 080 Enforcement
A. Any person who violates any provision of this Chapter, including any administrative regulations, shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250, or a misdemeanor, which shall be punishable by a fine not exceeding $500 per violation or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment.
B. Any person who violates this Chapter, including any administrative regulations shall be subject to administrative fines and administrative penalties pursuant to this Code.
C. Any participating licensee who violates this Chapter may be subject to suspension or revocation of their right to participate in the Entertainment Zone. The City may promulgate administrative regulations to implement this section.
D. Any person convicted of violating this Chapter in a criminal case, or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs.
SECTION 2. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. Publication
The City Clerk is authorized and directed to cause this Ordinance to be published as required by law.
SECTION 4. Temporary Ordinance; Sunset
The provisions of this Ordinance and the Downtown Entertainment Zone chapter added to the Indio Municipal Code by this Ordinance shall remain in effect for six months after its effective date and shall thereafter automatically expire and be repealed, unless extended or otherwise amended by the City Council.
SECTION 5. Effective Date
The Ordinance shall be effective upon the thirty-first day following adoption.
SECTION 6. CEQA
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 557 of 883 Pursuant to California Code of Regulations section 15304(e), this Ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15304, subdivision (e), because the ordinance authorizes because it involves only minor temporary use of public rights-of-way during a six-month pilot period, with no permanent physical improvements or permanent effects on the environment. None of the exceptions to the application of a categorical exemption in Section 15300.2 of the CEQA Guidelines apply to the proposed Ordinance.
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 558 of 883 Exhibit A
Downtown Entertainment Zone Boundaries
The proposed Downtown Entertainment Zone is bounded by Oasis Street to the west, Indio Boulevard to the north, and Bliss Avenue to the south. Along the eastern edge, the boundary generally mirrors the Primary DEZ Activation Area before extending south along Smurr Street to Bliss Avenue, as depicted in blue below.
The Primary DEZ Activation Area is generally bounded by Oasis Street to the west, Indio Boulevard to the north, Smurr Street to the east, and Miles Avenue to the south, as depicted in red below.
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 559 of 883 PASSED, APPROVED and ADOPTED this ____ day of _____ 2026. ___________________________
ELAINE HOLMES
MAYOR
ATTEST:
__________________________
SABDI SANCHEZ
CMC CITY CLERK
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 560 of 883 City of Indio Downtown Entertainment Zone
Participation Agreement
Business Information
Business Name: ________________________ ABC License Type: ____________________________ Business Address in DEZ:_______________________________________________________________ Business Owner/Manager Name: _________________________________________________________ Phone: ________________________________ Email: _______________________________________ The signed certifies that the above business has been provided with a copy of the City of Indio’s Downtown Entertainment Zone Management Plan, and agrees to operate in compliance with State and local law, including, but not limited to, the following terms and conditions as part of participating as an alcohol vendor within the Downtown Entertainment Zone. The signatory understands that if the subject business fails to comply with any provision of State and local law or this Participation Agreement, the City may terminate the business’ ability to participate in the Entertainment Zone pursuant to the City of Indio Municipal Code section XXXX.070 Enforcement.
Conditions of Participation
a. The participating business acknowledges that it maintains General Liability and Liquor Liability insurance with minimum limits of $1M per occurrence/$2M aggregate. b. All participating businesses must annually notify ABC of its intent to participate using ABC’s Participation Notification Tool. The business shall forward the ABC’s “Proof of Notice to Participate” to the City.
c. The participating business shall comply with all state and local regulations, including the DEZ Management Plan. All businesses must follow all restrictions and privileges applied to the business’ ABC license, as modified to allow for to-go alcohol sales. Alcoholic beverages shall not be sold to-go outside the times permitted by a business’ ABC license, City entitlement, or days/hours of the DEZ, whichever is most restrictive.
d. The participating business agrees to be legally bound for itself, its heirs, personal representatives, invitees, and anyone who might make a claim on a participating business’s behalf, and hereby waives, releases, and discharges the City of Indio, and their respective elected and appointed officials, officers, agents, employees, and volunteers from any and all claims for damages or liability arising out of or in connection with a participating business’s participation in the DEZ, including the acts or omissions of the participating business or its owners, officers, employees,
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 561 of 883 agents, contractors, or invitees. This release shall not apply to the extent any claim arises from the sole or active negligence or willful misconduct of the City. e. The participating business agrees to defend, indemnify, protect, and hold harmless the City of Indio and its respective agents, officers, boards, and commissions, and employees, from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorneys’ fees, or payments for injury to any person or property caused or claimed to be caused by the acts, errors, or omissions of the participating business or the participating business’s employees, agents, officers, or contractors. The business’s responsibilities under this section include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of the business, its employees, agents, or officers, or contractors; provided, however, that the business’s duty to defend, indemnify, protect, and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the City. Notwithstanding the business’s obligation to defend the City hereunder, the City shall have the right to conduct its own defense and seek reimbursement for reasonable costs of defense from the business, if it chooses to do so.
____________________________ ____________________________ Business Owner/Manager Signature Print Name & Date
____________________________ ____________________________ City Economic Development Department Print Name & Date
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 562 of 883 Downtown Entertainment Zone Management Plan
Section I: The Downtown Entertainment Zone
The Downtown Entertainment Zone (DEZ) is a designated area in the City of Indio where people can buy open container drinks from local bars, restaurants, wineries, and breweries to enjoy outside in common spaces like plazas, sidewalks, and streets during City-permitted DEZ Events.
This Management Plan establishes mandatory operating requirements, policies, and enforcement procedures for the DEZ in accordance with California Senate Bill 969 (2024). The DEZ would enhance City-sponsored events by creating a safe, walkable, and vibrant environment where residents and visitors can show support for Downtown Indio businesses.
DEZ Program Objectives
1. Activate downtown Indio as a vibrant destination for residents and visitors through City-sponsored events.
2. Support local restaurants, breweries, bars, and small businesses by increasing customer activity and sales.
3. Encourage visitors to explore multiple businesses and public spaces within downtown Indio during City approved events.
4. Enhance the downtown experience while promoting a safe, well-managed, and familyfriendly environment.
5. Strengthen downtown’s identity as the City’s premier cultural, entertainment, and community gathering destination.
DEZ Rules
1. Participants must be 21+ and wear an official DEZ Event wristband.
2. Alcohol may only be purchased from participating DEZ businesses.
3. Alcohol must be served in a non-glass, non-metal container provided by a participating DEZ business.
4. Alcohol must be consumed within the activated DEZ boundaries.
Activation with Events Only
The DEZ is event-based. Any activation, in whole, or in part, of the DEZ shall only be for Citysponsored, City-approved event that occurs within the boundaries of the DEZ.
Section II: Downtown Entertainment Zone Ordinance
City of Indio Municipal Code section XXX.040 specifies the location, hours, and requirements for the Downtown Entertainment Zone. Additional regulations and restrictions for activation of the Even
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 563 of 883 a. Permissible Area. All streets, sidewalks, and public rights-of-way within the area bound Oasis Street to the west, Indio Boulevard to the north, Bliss Avenue to the south, and the eastern boundary as depicted on the DEZ Map. Activation may occur within all or portion of the DEZ, as designated for an approved City-sponsored or City-approved event. b. Permissible Hours. Outdoor consumption of alcoholic beverages within the DEZ is authorized up to seven days a week between the hours of 12:00 p.m. and 9:00 p.m. The approved hours for each DEZ event may be limited within that timeframe by the City. All activities remain subject to the conditions of the approved DEZ event, applicable ABC license or permit requirements, and this DEZ Management Plan.
c. Types of Alcohol. Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the DEZ Management Plan for the DEZ.
Section III: DEZ Additional Regulations
1. Operators. The DEZ is operated in partnership with the following groups.
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 564 of 883 a. The City. During a DEZ Event, the City shall serve as the point of contact for activating DEZ Events, control general logistics of the DEZ, and coordinate the participating businesses to align with the DEZ Management Plan. The City shall:
i. Serve as the vendor of DEZ Event branded wristbands. ii. Coordinate and distribute DEZ Event cups.
iii. Create and set up signage marking boundaries and displaying rules within the DEZ.
iv. Track business participation ensuring only businesses who have completed a participation agreement are selling to-go drinks in the DEZ. v. Collect economic data and conduct periodic business and community surveys to monitor the impacts of the DEZ.
b. Participating Businesses. Participating businesses with on-sale alcohol licenses who register with the City and with state ABC may serve open containers for consumption within the DEZ provided that:
i. Businesses must complete and submit the City of Indio DEZ Participation Agreement to the City.
ii. ABC shall be notified annually of a business’s intent to participate using ABC’s Entertainment Zone Participation Notification Tool. The business shall provide a copy of ABC’s “Proof of Notice to Participate” to the City. iii. Businesses must obtain and maintain appropriate insurance as detailed in the City of Indio DEZ Participation Agreement.
iv. Prior to each event, participating businesses shall notify their employees of the activated boundaries of the DEZ and refresh staff on the DEZ rules and regulations.
v. Employees engaging with the public at participating businesses must complete and annually renew alcohol awareness training sponsored by ABC or the Indio Police Department and Bystander Intervention Training.
2. Activation and Programming
a. Activation. The Downtown Entertainment Zone shall only be activated during Citysponsored events. To activate a DEZ Event, the City Manager or designee shall transmit a notice to all affected permit holders, business owners, and property owners within the Entertainment Zone boundary at least 72 hours prior to an Entertainment Zone Event, and by conspicuously posting a physical copy of the notice at City Hall. b. Hours of Operation. Any business within the Downtown Entertainment Zone holding an alcohol sales license allowing on-site sales and consumption of alcohol issued by ABC may sell alcoholic beverages for consumption during activated hours and within the activated portion of the DEZ.
i. The DEZ shall be activated only between 12:00 PM to 9:00 PM.
Activation outside of these hours is possible by special request such as to accommodate international events occurring in other time zones or cultural events such as a New Years Eve celebration.
ii. Regardless of the hours the DEZ is activated, all participating businesses must abide with any restrictions to the hours of operation imposed by local
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 565 of 883 regulations as well as regulations imposed by other governmental agencies including ABC.
c. Age Verification. Participating businesses shall affix an official DEZ Event branded wristband to the wrist of any individual purchasing an alcoholic beverage to-go after confirming they are 21 years of age or older. Businesses shall use City-approved wristbands to indicate verified patrons. Wristbands shall be worn at all times one is in possession of an alcoholic beverage within the DEZ. Security staff designated by the City and properly trained on ABC guidelines for age verification may also issue wristbands.
City reserves the right to require a specific age-verification method for any event, regardless of size, based on safety, enforcement, or operational considerations. d. Purchase in DEZ. Outside alcohol is not allowed to be consumed within the DEZ.
Alcoholic beverages consumed within the DEZ must be purchased at a participating business licensed for on-site sales and consumed only within the activated portion of the DEZ.
e. Containers. Alcohol may not be served in a glass or metal container. The containers may be disposable. Alcoholic beverages must be served in a cup that is unique to DEZ Events to ensure easy identification for enforcement personnel. All beverages must be served in new cups and patrons may not reuse personal cups or cups from previous drinks. This ensures consistency for age verification, compliance with City requirements, and promotes public health and safety. The City reserves the right to determine the specific cup color(s), size, or material requirements for any event, based on safety, enforcement, or operational considerations.
f. Disposal & Waste Diversion. The participating business will be responsible for providing sufficient receptables for patrons to recycle their cups before exiting the DEZ. g. No Carry-ins. Alcoholic beverages purchased at one business may not be brought into any other business regardless of if they have an alcohol license or not. h. Boundaries. No open containers of alcoholic beverages may be removed from the activated portion of the DEZ. Signage shall be located at the boundaries of the DEZ notifying the public that alcoholic beverages may not be removed from the DEZ. i. To-go containers purchased from participating business must be taken directly to the DEZ. Exits and walkways through other businesses, nonactivated portions of the DEZ, or outside the DEZ boundaries, may not be used by customers carrying open containers of alcohol.
ii. To-go containers may not be carried across any non-activated street, sidewalk, alley, or other public right-of-way outside of the DEZ. i. Signage. Signs shall be posted within all participating businesses and at every entry and exit point of the DEZ. The signage must instruct patrons not to carry alcoholic beverages outside the DEZ (e.g., “No Alcoholic Beverages Beyond This Point”) and convey the boundaries of the activated area within the DEZ.
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 566 of 883 j. Security. Every participating business within the DEZ is responsible for the safety and security of their patrons and the surrounding neighborhood. Businesses are required to prohibit open containers or closed containers of alcoholic beverages acquired outside their premises.
Security provided during activations of the DEZ shall be provided through a combination of contracted private security and the Indio Police Department, based on the operational needs of each DEZ Event.
Introduction and First Reading of Ordinance No. 1850, Establishing a Six... Page 567 of 883 City of Indio
City Council
October 7, 2026
STAFF REPORT
To: City Council
From: Jonathan Nicks, City Manager
Prepared by: Brian Halvorson, Dir. Of Community Development Subject: Resolution Nos. 10614 and 10615 for Planning Commission recommendations to the City Council to approve Planning Review Discretionary (PLAN-PRD-26-0027) and Conditional Use Permit (PLAN-CUP26-0011) to allow a “7Brew” drive-through restaurant as a Limited Land Use located in the Desert Crossroads Shopping Center south of Highway 111 and west of Jefferson Street within the Highway 111 Corridor Specific Plan.
RECOMMENDATION:
Approve Resolutions Nos. 10614 and 10615 approving the 7Brew drive-thru project, including Planning Review Discretionary Application No. PLAN-PRD-26-0027 and Conditional Use Permit Application No. PLAN-CUP-26-0011, and determine that the project is exempt from environmental review pursuant to CEQA Guidelines Section 15332 (Class 32 In-Fill Development).
SUMMARY:
On March 19, 2026, the Applicant’s Representative, LeAnne Scott of The Kaidence Group submitted an application to the Community Development Department for Planning Review Discretionary (PLAN-PRD-26-0027) for an approximately 910 square foot “7Brew” drive through coffee restaurant, including a Master Sign Plan, landscaping, parking, and on-site circulation, and Conditional Use Permit (PLAN-CUP-26- 0011) for a proposed drive-through coffee restaurant as a limited land use located in the Desert Crossroads Shopping Center. The project is located on south side of Highway 111 and west of Jefferson Street (Assessor’s Parcel Number 600-440-014) with a General Plan Land Use designation of Mixed-Use Neighborhood and a Zoning Designation of Mixed-Use Corridor under the Highway 111 Corridor Specific Plan.
On August 26, 2026, the Planning Commission reviewed the project and recommended the City Council consider approval of the project and added a condition of approval to the project regarding the design of the building mounted wall signage. The proposed project is consistent with the General Plan 2040, all objective design standards, and the Highway 111 Corridor Specific Plan as described in the findings and staff analysis of this report. Staff has determined that the project is exempt from environmental review pursuant to CEQA Guidelines Section 15332 (Class 32 In-Fill Development).
BACKGROUND INFORMATION:
On September 21, 2022, the City Council conducted a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan, reviewed the staff report, accepted and considered public testimony and approved Resolution No. 10326 adopting the Highway 111 Corridor AGENDA ITEM #13.2
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 568 of 883 Specific plan and repealing the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan-300 (MUSP-300). On September 21, 2022, the City Council approved Resolution No. 10325 making a finding of consistency with the Program Final environmental Impact Report (PFEIR) for the General Plan 2040 certified by the City Council on September 18, 2019, for the adoption of the Highway 111 Corridor Specific Plan.
The Kaidence Group (“Applicant”) submitted a Pre-Application on October 6, 2025, for a proposed 510 square foot prefabricated drive through restaurant with an 86 square foot remote cooler. The Pre-Application Conference was held on October 23, 2025. On March 19, 2026, the Applicant submitted for a Conditional Use Permit to allow for a drive-through restaurant. On April 30, 2026, an Environmental Review Application was submitted to the City with findings to support a Class 32 Categorical Exemption as an Infill Project. On May 6, 2026, the Applicant submitted for a Planning Review Discretionary with a revised site design for the review of an approximately 910 square foot drive-through coffee shop and required on-site improvements, including pedestrian walkways, a trash enclosure, signage, and on-site circulation. City Staff deemed the project complete on July 15, 2026. As a drive-through restaurant in the Mixed-Use Corridor zone, the project is considered to be a “Limited Land Use” under the Highway 111 Corridor Specific Plan and requires City Council approval.
The project site is located on a parcel of approximately 0.81 acres (assessor’s parcel number 600- 440-014) within Subarea 1 of the Highway 111 Corridor Specific Plan and has a General Plan land use designation of Mixed-Use Neighborhood (MUN). The site is also designated under the Master Planned Design (MPD) Overlay. The Master Planned Design Overlay applies to parcels where subdivision is required prior to the application of new zoning. As the parcel is less than 4.0 acres in size, staff deemed the project to not require the Master Planned Development Permit. Pursuant to Section 3.14 of the Highway 111 Corridor Specific Plan, drive-through facilities within any subarea are classified as Limited Land Uses and require approval of a Conditional Use Permit by the City Council. Currently, no limited land use projects have been considered within the Subarea 1 boundary, and if approved, the 7Brew project will serve as the first limited land use in this subarea.
Site access to the property will be taken from one existing drive-isle for the adjacent “Komar Desert Center” on Highway 111 within the City of La Quinta, one existing drive isle for the “Desert Crossroads” anchor tenant on Highway 111, and two existing drive isles for a service station, one on Highway 111 and one on Jefferson Street. The project does not include the installation of new drive isles and will instead utilize existing circulation patterns by taking access through the “EOS Fitness” parking lot. Development also includes a landscape plan comprised of desert and other drought tolerant planting materials, a trash enclosure for refuse and recycling by Burrtec, and on-site signage.
Pursuant to §6.04.03 (Planning Review) of the Unified Development Code, when a project requires more than one permit application with more than one review authority, all project permits shall be processed concurrently. The highest designated Review Authority for all requested permits shall take final action on all permits. Because the project is classified as a Limited Land Use under the Highway 111 Corridor Specific Plan, the City Council is the highest designated Review Authority required for this project. Therefore, the Planning Commission serves as a recommending body for all Planning Applications (PLAN-PRD-26-0027, & PLANCUP-26-0011).
On August 26, 2026, the Planning Commission conducted a duly noticed public hearing to consider the “7Brew” project, reviewed the staff report and supporting materials, and accepted
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 569 of 883 and considered public testimony. Following the public hearing, the Planning Commission conditionally approved Resolution Nos. 2147 and 2148, recommending that the City Council approve Planning Review Discretionary (PLAN-PRD-26-0027) and Conditional Use Permit (PLAN-CUP-26-0011) and the associated environmental determination pursuant to CEQA Section 15332 (Class 32- Infill Development). After deliberation, as part of a motion, the Planning Commission added a condition requiring building mounted signage be a minimum of 12 inches from rooflines above and below the sign.
Public Hearing Notice:
A public hearing notice for the Project was published in the Desert Sun, the newspaper of record, on September 23, 2026, and a public hearing notice was mailed to property owners within a radius of 500- feet of the subject property on September 21, 2026, pursuant to Section § 6.03.08 (Public Notice) of the City of Indio Unified Development Code.
Surrounding Land:
The General Plan Land Use designations, zoning, and existing uses are identified in the table below:
Table A:
General Plan, Zoning, and Surrounding Existing use
General Plan 2040 Zoning Existing Use
Site: Mixed Use Neighborhood
Mixed-Use Corridor (MU-C)/
Master Planned Development
Overlay (MPDO)
Vacant
North: City of La Quinta City of La Quinta General Retail South: Mixed Use Neighborhood
Mixed-Use Corridor (MU-C)/
Master Planned Development
Overlay (MPDO)
Commercial
Recreation and
Sports, Indoor
East: Mixed Use Neighborhood
Mixed-Use Corridor (MU-C)/
Master Planned Development
Overlay (MPDO)
Vacant
West: City of La Quinta City of La Quinta Restaurant,
Drive Through
FINDINGS: PLANNING REVIEW DISCRETIONARY(PLAN-PRD-26-0027) Pursuant to Indio Municipal Code Section 6.04.03, Planning Review, and subject to state law, the Planning Commission must make the following findings for design review approval:
I. General Plan Consistency
Consistency with General Plan policies and any applicable specific plan, project master plan or development agreement.
The City of Indio General Plan Update 2040, adopted on September 18, 2019, breaks up land uses into major classes. These classes are Neighborhoods, Centers, Districts, and Public and Institutional (Table 3-2: General Plan Types, City of Indio GPU 2040). The Project site is located in the Neighborhoods major class within the General Plan. The Neighborhoods
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 570 of 883 major class has seven subcategories. These subcategories are: Desert Estates (DE), Desert Estates Transition (DET), Suburban Neighborhood Low (SNL), Suburban Neighborhood High (SNH), Connected Neighborhood Low (CNL), Connected Neighborhood High (CNH), and Mixed Use Neighborhood (MUN) (Table 3-2: General Plan Types, City of Indio GPU 2040).
The project site is located in the Mixed Use Neighborhood (MUN) subcategory.
The Mixed Use Neighborhood (MUN) land use designation provides moderate-to-higher intensity neighborhood development that features a variety of multifamily housing choices and commercial uses along major streets. Primary uses in the MUN subcategory consist of but are not limited to single-family and multi-family residential uses, parks and recreation, mixed use (retail/office, retail/residential, office/residential, and neighborhood-serving retail), general commercial, services, entertainment, live/work, and office.
The 7Brew project will construct one drive-through coffee shop at approximately 910 square feet. The Project as proposed would be permitted within the Mixed Use Neighborhood land use designation and would be in compliance with the City of Indio General Plan 2040.
The General Plan 2040 contains goals and policies that are relevant to the Project. The following identifies these goals and policies and makes findings of fact regarding if and how the Project complies with them:
Goal LU-1: Citywide Urban Structure. An urban structure that enhances the quality of life of residents, meets the community’s vision for the future, and weaves new growth area together with established Indio neighborhoods.
LU-1.3: Contiguous Development. When development occurs outside the Downtown, Midtown, and existing central neighborhoods, locate new development adjacent to Indio’s built environment to create a contiguous expansion of the City.
The project is located within the West Gateway Subarea, which is located outside of the Downtown, Midtown, Jackson Neighborhood, or Avenue 42 Subarea. However, this project proposes to construct a new commercial pad within the existing “Desert Crossroads” shopping center, adjacent to the existing “Komar Desert Center” with nationally recognized retail, commercial fitness, and restaurant tenants, thereby expanding the built environment.
Goal LU-2: Active Places. Indio is a City with active and comfortable places that encourage social interaction and community gathering.
LU-2.6 Shade: Require the use of large shade trees or structures to provide comfortable environments during hot months.
The Applicant proposes to install five (5) shade trees over parking and queuing areas, and pedestrian pathways to provide shade on site. In addition, the building implements a shade structure at employee work areas at the drive-through window and pedestrian walk-up window. As part of the Conditions of Approval, the Final Landscape Plan shall provide shade trees along the pedestrian pathways at an average spacing not exceeding 35 feet. Together, the installation of shade structures and trees increases the amount of shaded areas on site and user comfort.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 571 of 883 Goal LU-4: High-Quality Building Design. A beautiful city with a high-quality architecture and building design.
LU-4.1 Quality design. Use simple, urban building forms made with permanent materials with high quality detailing that stands the test of time.
The Project is proposing contemporary commercial architectural design with clean, modern lines and a combination of materials and colors for visual interest. The building has flat and arched roofs of varying heights creating a layered facade. The project incorporates materials and architectural finishes designed to complement one another for a cohesive project aesthetic. The primary surfaces feature smooth fiber cement paneling to model a brick design and HardiePlank paneling with wood texturing. The project is also proposing “Regal Blue” roof elements on all architecture, including monument sign, trash enclosure, and the primary drive through structure to give the building distinct, cohesive coloration.
LU-4.3 Building materials. Convey façade articulation through the strength, depth, and permanence of building materials. Thinner cladding materials, such as stucco, stone and masonry veneers, and wood or simulated wood, may be used when finished to appear as durable and authentic of the materials they simulate.
The Project is incorporating varying height roof lines creating articulation on the building. The primary surface material will be HardiePlank paneling in a light grey color with wood texturing with a secondary material of black and grey fiber cement paneling with brick texturing. For roofing, the project proposes “Regal Blue” aluminum shade structures and “Regal Blue” seam and parapet roofs. The proposed materials are as durable as the materials they simulate and convey a sense of permanence.
II. Standards Consistency
Consistency with applicable objective development standards and design standards and/or design guidelines adopted by the City Council.
On September 21, 2022, the City Council approved Resolution No. 10326 adopting the Highway 111 Corridor Specific Plan. The following identifies land use regulations and development standards relevant and applicable to the Project and makes findings of fact regarding if and how the Project complies with them:
Highway 111 Corridor Specific (111 CSP) Plan Compliance:
Section 2.1: Vision for the Highway 111 Corridor Specific Plan Section 2.1 states that "The Highway 111 Corridor will be transformed from a suburban highway commercial strip, into a lively, dynamic center of social, cultural and economic activity for the city of Indio - respecting the Corridor's history and context, building on its existing amenities, reflecting community desires, and leveraging evolving economic opportunities for the benefit of the entire community." The 7Brew project is being evaluated for consistency with applicable provisions of the Highway 111 Corridor Specific Plan (111 CSP) and the approved Master Planned Development (MPD) Permit. Although drivethroughs are not part of the Highway 111 Corridor Specific Plan’s vision to create a
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 572 of 883 pedestrian-friendly, mixed-use environment, they are permitted as Limited Land Uses within Subarea 1 with approval of a Conditional Use Permit by the City Council.
Section 2.3.1 West Gateway
The project site is located within the West Gateway of the corridor which ranges from the western city limits - just west of Jefferson St - to the west edge of the “S-curve” of 111, where Clinton St and Dr Carreon Blvd intersect Highway 111. The West Gateway Segment of the Corridor is flanked by large vacant or underdeveloped parcels, who’s identity and character may be defined by the new, palm-lined Highway 111 and fine new community activity centers offering retail, restaurant, hospitality, entertainment and recreation, along with a wide array of new housing options within the mixed-use centers and surrounding new and existing neighborhoods.
Section 3 Development Standards & Guidelines
Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) specifies that this Chapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC), where noted. In cases where the Highway 111 Corridor Specific Plan is silent, the requirements of the Indio Municipal Code or Unified Development Code shall apply (as prescribed in those documents). In cases where there is conflict between the requirements of the Highway 111 Corridor Specific Plan and those of the Municipal Code or Unified Development Code, the requirements of the Highway 111 Corridor Specific Plan shall supersede.
Section 3.2.G.3.A Council Approval Required Section
3.2.G.3.A (Council Approval Required) of the Specific Plan specifies that some Limited Land Uses require additional consideration and require City Council approval. This includes fueling stations, car washes and any use including a vehicular drive-through. As a drive through is a major component of the 7Brew project, City Council is required. Table 3.4-2 Subareas by Parcel APN Pursuant to Figure 3.4-1 of the Specific Plan, the project site is located within Subarea 1 and has been assigned regulatory designations consisting of Mixed-Use Corridor Zone and has also been assigned a Master Planned Design Overlay designation.
Section 3.4.C.1 Master Planned Design (MPD) Overlay
Pursuant to Section 3.4.C.1 of the Specific Plan, the Master Planned Design Overlay defines specific parcels or areas within the 111 CSP area that due to their size and/or location, require an approved Master Planned Development (MPD) Permit. While the project site is within the Master Planned Design Overlay, the parcel is below 4-acres in size. Staff determined that because the parcel does not meet all requirements triggering the Master Planned Design Review, the Master Planned Design Permit is not required.
Section 3.4.C.2 Mixed-Use Corridor (MU-C) Zone
Pursuant to Section 3.4.C.2 of the Specific Plan, the Mixed Use Corridor Zone is intended to implement the vision for Highway 111 to evolve into a mixed-use central boulevard - characterized by strong urban buildings with active ground-floor uses and frontages that provide services and amenities to the adjacent neighborhoods, inject the corridor with daily
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 573 of 883 human activity, and establish a clear and attractive identity for the corridor that is unique to the City of Indio. The proposed Project includes a drive through restaurant with walk up pedestrian service together with pedestrian walkways, landscaping improvement, coordinated architectural design, and circulation improvements, intended to support reinvestment and redevelopment within the Highway 111 corridor.
Section 3.5.C Supporting Findings for Approved Land Uses Required Findings for CUP Approvals:
1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code.
The project site is zoned Mixed-Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan. Limited Land Uses such as drive-through restaurants require a Conditional Use Permit and are approved by the City Council (PLAN-CUP-26-0011). All other applicable provisions, including parking, signage, and building code requirements, have been addressed through this discretionary review and are subject to conditions of approval.
2. The proposed use is consistent with the General Plan and Any applicable Specific Plan
The project is consistent with the City of Indio General Plan 2040 designations of Mixed Use Neighborhood (MUN), as well as the Highway 111 Corridor Specific Plan. Although drive-throughs are not part of the Highway 111 Corridor Specific Plan’s vision to create a pedestrian-friendly, mixed-use environment, they are permitted as Limited Land Uses within Subarea 1 with approval of a CUP by the City Council. The proposed use supports the intent of the Highway 111 Corridor by transforming into a lively mixed-use area with retail, commercial, and pedestrian-oriented corridors. The project promotes goals LU-1, LU-2, and LU-4 of the General Plan, which call for a defined citywide urban structure, comfortable spaces, and high-quality building designs.
3. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.
The site is located in an established urban area with adequate vehicle, pedestrian, emergency access, and utility services. The proposed development meet all health and safety standards through conditions of approval, including stormwater retention, landscaping, and infrastructure improvements. The project is not located near sensitive habitat or geologic constraints. All improvements are designed to protect public health and safety, and the project is not expected to cause harm to surrounding properties or the community.
4. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code.
While the project includes variations such as single-story buildings below the MU-C minimum height requirement, these can be approved under the Limited Land Use
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 574 of 883 provisions (Section 3.14) to facilitate near-term economic revitalization. The project complies with development standards for floor area ratio, building height (within the exceptions), parking, building placement (within the exceptions), signage (with modification requested), and site design. Certain minor deviations, such as front setback distances for some pads, are approved pursuant to CUP and Limited Land Use provisions.
Highway 111 Corridor Specific Plan Section 3.5.C Supporting Findings for Approved Land Uses
A. That the proposed use will not become a public nuisance, resulting in disturbances of the peace, illegal drug activity including sales or possession thereof, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, public urination, curfew violations, theft, assaults, batteries, acts of vandalism, illegal parking, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, lewd conduct, or frequent police detention, citations or arrests, or any other activity declared by the City to be a public nuisance determined by California law to be public nuisance.
The proposed Project consists of one (1) drive through. The proposed use is a customary commercial activity and is not inherently associated with the nuisance activities identified in this finding. The Project has been designed with defined vehicular circulation, drive-through queuing areas, pedestrian pathways, parking, site lighting, landscaping, and trash enclosures intended to support safe and orderly operation.
The tenant will remain responsible for maintaining the buildings, parking areas, drivethrough lanes, landscaping, sidewalks, and other common areas in a clean and orderly condition. Compliance with the applicable conditions of approval, City regulations, business-license requirements, noise standards, property-maintenance requirements, and public-safety regulations will be required throughout operation of the Project.
Accordingly, the proposed uses are not anticipated to result in disturbances of the peace, illegal activities, excessive littering, unlawful parking, vandalism, or other conditions constituting a public nuisance.
B. That the proposed use will not generate noise, light, glare, dust, noxious odors or other similar adverse effects on surrounding uses. For the purposes of this requirement, “surrounding uses” shall include occupants of neighboring buildings, occupants of other floors within the same building, and pedestrians passing along the sidewalk in front of the subject property.
The proposed project is located within an established commercial center and are separated from surrounding properties by parking areas, drive aisles, landscaped setbacks, public streets, and existing commercial development. Potential operational noise will primarily consist of vehicle movements, drive-through ordering equipment, mechanical equipment, and ordinary restaurant activity. The Project is required to comply with the City’s applicable noise standards, and drive through speakers and other equipment must be installed and operated so that noise does not create an adverse effect on surrounding uses.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 575 of 883 The Project includes site lighting and building-mounted lighting designed to provide visibility for customers and employees while limiting light spill and glare onto adjoining properties and public rights-of-way. Rooftop mechanical equipment will be screened, and restaurant exhaust and mechanical systems will be subject to applicable building, mechanical, and air-quality requirements. Construction-related dust and noise will be temporary and regulated through applicable City requirements and conditions of approval. With implementation of these requirements, the Project is not anticipated to generate excessive noise, light, glare, dust, noxious odors, or similar adverse effects.
C. By the design and construction of buildings and by hours of operation of the subject use, noise that would be disruptive to residents of dwellings beside or above the proposed use shall not be permitted between the hours of 11:00 P.M. and 7:00 A.M.
No residential dwelling units are located within, beside, or above the proposed commercial building. The nearest parcel with residential uses is located approximately 660 feet away from the project site located at 47555 Jefferson Street, known as “Arroyo Crossing.” The Project consists of a detached, single-story, 910 square foot drive through building within the existing Desert Crossroads commercial center. The building design, separation from residential uses, placement of drivethrough lanes, and intervening commercial development reduce the potential for nighttime operational noise to affect residential properties. All uses will remain subject to the City’s applicable noise standards and conditions of approval during all hours of operation, including the period between 11:00 p.m. and 7:00 a.m. Therefore, the proposed uses are not anticipated to create disruptive nighttime noise affecting residential dwellings.
D. That the proposed use will not generate access and parking requirements in excess of those provided for Section 3.12.
The Project provides off-street parking, drive-through queuing, pedestrian circulation, and vehicular access designed to serve a quick-service restaurant with pedestrian take-out in accordance with Section 3.12 of the Highway 111 Corridor Specific Plan.
The site plan provides two (2) designated drive-through lanes and vehicle-stacking areas for each building, separate from the primary drive aisles and parking spaces, to reduce interference with on-site circulation. Access is provided through the existing Desert Crossroads circulation system and existing connections to Highway 111.
The proposed parking meets parking requirements of the specific plan and drivethrough stacking have been evaluated as part of the Planning Review and Conditional Use Permit applications. Compliance with the applicable parking, loading, accessibleparking, and drive-through queuing requirements will be required through the approved plans and conditions of approval. Accordingly, the proposed uses are not anticipated to generate access or parking demands in excess of the facilities provided pursuant to Section 3.12.
E. That perceived privacy and/or security requirements of the proposed use will not lead building users to maintain rarely opened opaque window coverings on street-facing windows, nor to routinely utilize rear or side entries rather than street-facing front doors as the primary means of access and egress to the building.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 576 of 883 The proposed building is designed to provide walk up pedestrian service through an access door on the north elevation and drive through service through two (2) access doors on the south elevation. The project does not allow public access into the building and does not require the level of privacy or security that would ordinarily result in permanently covered storefront windows. The building elevations incorporate substantial storefront glazing along east elevation, allowing visibility between the employee work areas and adjacent pedestrian areas. The proposed 7Brew restaurant is not proposing public access to interior areas during operating hours, and window coverings may be necessary for glare control, energy efficiency, or operational purposes.
F. That the ground floor rooms adjacent to the street frontage will be occupied during much of the day and occupied and/or lighted during most evenings.
The Project consists of a single-story drive through restaurant containing employee workstations, storage areas, and an employee-only restroom. Employee workstations will remain occupied and illuminated during operating hours. i. For all retail, restaurant and indoor recreational uses, display windows shall not “wall off” views into retail interior spaces, and the interiors of dining rooms and activity rooms shall be clearly visible to passing pedestrians.
The drive through restaurant building incorporates storefront glazing along the east elevation, adjacent to vehicle and pedestrian order pick up areas.
The glazing is intended to preserve views into active interior spaces and will not be designed or operated as an opaque display wall that prevents visual connection between the building interiors and adjacent pedestrian areas.
Covered order and pick up areas, architectural canopies, and pedestrian pathways further support activity and visibility around the restaurant buildings.
ii. For office uses, front rooms should include lobbies, waiting areas, and office spaces in which window blinds are typically open.
This finding is not applicable. The proposed Project does not include office uses.
iii. For residential uses, units should be configured such that public realm-facing rooms include living rooms and dining rooms, and should not include bathrooms, closets and other uninhabited spaces.
This finding is not applicable. The proposed Project does not include residential dwelling units.
5. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 577 of 883 The project is located in a mixed-use corridor with adjacent vacant and commercial uses, all consistent with the General Plan and Specific Plan land use designations. The development’s scale, building height, and use are compatible with the existing surrounding neighborhoods and support planned future mixed-use growth. The project maintains compatibility by incorporating pedestrian pathways, landscaping, and appropriate building articulation, without disrupting existing uses or community character.
6. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.
The site consists of one vacant parcels totaling approximately 0.81 acres, with no significant topographic or geologic constraints. Access is available via existing driveways from Highway 111 and on-site circulation as part of the “Desert Crossroads” shopping center. The site can be served by existing utilities (water, sewer, stormwater) as confirmed by city departments. The proposed densities and building sizes are within the allowable floor area ratios and height requirements (with conditional use permit exceptions). Stormwater management has been conditioned into the project and landscape plans are in place to support the development sustainably.
Section 3.5 Allowed Uses
Pursuant to Section 3.5 (Allowed Uses) of the Specific Plan addresses allowed land uses within the boundaries of the Specific Plan and corresponding permit requirements for each regulatory zone, as applicable. Table 3.5-1 (Allowed Uses) of the Specific Plan specifies Drive Through Restaurants in the Mixed Use Corridor Zone are permissible through a Conditional Use Permit granted by the City Council. This table provides a discretionary pathway for Limited Land Uses which include any drivethrough by requiring a Conditional Use permit approved by the City Council.
Section 3.6.A.2.a
Pursuant to Section 3.6.A.2.a, all new development must complete and/or support-and in no way impede-the required connections and intersections which appear in their subarea.
The project site is located in Subarea 1. Figure 3.6-1 identifies required and recommended connections through the project site. Specifically, recommended connections are shown in north/south orientations in the eastern portion of the site and no required connections exist. Pursuant to Section 3.6.B.1.d, recommended connections are included as suggested ways to meet the Block Standards of Section 3.6.C, but their quantity and placement is flexible. Recommendations for how some of these connections can be implemented are included in Table 3.6-2. The 7Brew project will gain access from existing on-site circulation from the Desert Crossroads Center. On-site circulation consists of two (2) drive through lanes and one (1), one-way access lane for parking access.
Pedestrian circulation will be provided through the western portion of the project site along an access road and connecting Highway 111 to the anchor tenant of the Desert Crossroads center for the required connections element of this section and the Conceptual Connectivity Plan.
Pursuant to Section 3.6.C.1/Table 3.6.3 (Maximum Block Size), the maximum block perimeter for the Mixed Use Corridor zone and the Neighborhood General zone is 1,600 feet. Pursuant to Section 3.6.C.2.a, per Table 3.6-1, all blocks shall be defined-or in other words: bound at their perimeter-by one or more of the following types of public
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 578 of 883 connections or open spaces: Street, Car-less Street, Plaza/Green, Neighborhood Park, or Mini Park. Pursuant to Section 3.6.C.2.a.i, a block may be bound on no more than one (1) side by a Car-less Street, Plaza/Green, Neighborhood Park, or Mini Park. Pursuant to Section 3.6.C.2.b, types which define a block shall be public and shall not be private or semi-public. Pursuant to Section 3.6.C.2.b.i, "Public" means those spaces and connections which are publicly accessible-providing public right-of-way-regardless of ownership. The 7Brew project site is 168 feet long and abuts a publicly accessible access road. The project as proposed does not exceed the linear feet required for the installation of new subarea connectivity facilities and therefore meets this requirement.
Section 3.7 Public Realm Standards
Section 3.7 outlines requirements for public realm connections. This includes street improvements, public frontage standards, and public open space standards. Conditions of approval limit the public frontage improvements to only repair curb, sidewalk, gutter, and landscaping damaged during the construction of all on-site improvements and all structures.
On February 19, 2019, Resolution No. 1885 was approved by the Planning Commission for Tentative Parcel Map 37638 (Case No. TPM-18-11-397) to subdivide 7.12 acres of land into four parcels. The conditions of approval for Resolution No. 1885 required the applicant (Terra Nova Planning & Research on behalf of the Barclay Group) to submit Street Improvement & Lighting Plans and Landscape & Irrigation Plans as part of the Desert Crossroads Project. As such, the City Engineer is only requiring the installation of a sidewalk along the westerly property line as part of the Conditions of Approval. The installation of a sidewalk at this location is intended to complete the existing sidewalk from Highway 111 to the existing sidewalk within the “Desert Crossroads” shopping center.
Section 3.8 Building Placement and Access
Section 3.8 (Building Placement and Access) and more specifically Section 3.8.B.1 specifies standards to ensure that the proposed development within the Specific Plan area promotes a pedestrian-friendly environment along the street by placing buildings at the front of the site and locating parking at the center or the back of the site. Table 3.8-1 (Building Placement) specifies building placement standards that are applicable to properties that are located within the Mixed-Use Corridor regulatory zone. This Table specifies that the Highway 111 build to range should be 0 feet to 15 feet, that the front street build out should be 100 percent, that there is no side street build to range, that the side street build out should be 80 percent for the first 40 feet with no buildout requirement after 40 feet, that the building length should be a maximum of 300 feet, and that there are no building setback requirements except for a 10-foot separation between multiple buildings on a single lot. Section 3.14 (Limited Land Uses in the MU-C Zone) and more specifically Section 3.14.A.3.1.c.iv specifies that the Frontage Buildout requirements listed in Table 3.8-1 may be waived provided buildings conform to the requirements of the Section 3.14 regulating Limited Land Uses. Existing site conditions prohibit the siting of structures fronting Highway 111 due to a public utility easement parallel to Highway 111.
The building as proposed sits approximately 43 feet from the property line fronting Highway 111 and approximately 18 feet from the public utility easement. The structure proposes an integrated shade structure, the closest structural point of which is approximately 28 feet from the property line fronting Highway 111 and 3 feet from the Public Utility Easement. The proposed building length for the drive-through restaurant is
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 579 of 883 approximately 59 feet. There is only one building proposed, and therefore, the project site complies with the specified building setback requirements.
Section 3.9 Building Height
Pursuant to Section 3.9 (Building Height) of the Specific Plan specifies standards for building height and vertical proportions that apply to all new buildings within the boundaries of the Specific Plan. The Mixed-Use Corridor zone has a minimum height of 3 stories or 21’ high and a maximum height of 6 stories. Building height for the drive-through restaurant is 19 feet, 2 inches, which does not comply with the height requirements in the Mixed-Use Corridor zone. However, Section 3.14 explicitly allows single-story commercial buildings with a minimum height of 16 feet as part of the Limited Land Use (LLU) provisions to accommodate near-term investment that contributes to corridor revitalization, which is less than the proposed height of 19 feet, 2 inches. Subarea 1 of the Highway 111 Corridor Specific Plan allows for up to three (3) Limited Land Uses. The proposed project would be the first Limited Land Use approved within Subarea 1. The proposed building is a single-story with an overall height of approximately 19 feet, 2 inches, featuring parapet walls, seam roofing, and architectural treatments that enhance the building’s visual presence along the street. While this height does not meet the standard MU-C minimum height requirement, it is compliant under the Limited Land Use provisions and is designed to ensure the buildings integrate well into the existing commercial context while supporting phased corridor transformation.
Section 3.10 Facades and Frontages
Pursuant to Section 3.10 (Facades and Frontages) of the Specific Plan specifies standards to ensure that large-scale ("block-form") buildings, are modulated into smaller "human-scale" increments and composition to generate more dynamic and interesting streetscapes and result in more resilient buildings that are adaptable over time to meet the varied needs of different tenants and uses. In addition, section 3.10 requires commercial buildings along Highway 111 to incorporate street-facing facades with architectural articulation, transparency, and pedestrian orientation. For Limited Land Uses, Section 3.14, permits primary entrances to face away from the street, provided the street-facing façade maintains the appearance of a front elevation For the proposed project, the drive through tenant “7Brew” proposes to serve customers in vehicles on the interior of the project site. The applicant proposes to service pedestrian customers through a walk-up window facing Highway 111. The project does not provide entrances designed for pedestrian access, however, through the provision of shade structures above order and pickup areas, the project addresses the street. These features collectively ensure that the façade maintains a visually attractive appearance as required for Limited Land Uses.
Section 3.11 Private Signage
Section 3.11 (Private Signage) of the Specific plan regulates the design, size, placement, and approval of private signage within the MU-C zoning district. The Specific Plan identifies certain sign types that are permitted by right; however, Section 3.11.A.2 states that any sign type not expressly Page 12 of 105 listed and permitted by right may only be approved by the Planning Commission through Design Review (Planning Review Discretionary). The 7Brew project has included a sign exhibit along with their conceptual
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 580 of 883 plans with standards for reviewing wall-mounted signs for the project. Pursuant to Section
3.11.A.2, the Planning Review Discretionary process allows the Planning Commission to evaluate the proposed sign packet and its contents consistency with the intent of the Highway 111 Corridor Specific Plan, including corridor aesthetics, visual compatibility, and protection of the public realm.
The following standards are applicable to all private signage within the Highway 111 Corridor Specific Plan:
a. Signs shall not obscure building entrances, cornices, columns, or other prominent architectural elements.
As proposed, monument and window signs do not obstruct buildings’ entrances, architectural features, or prominent design elements of the new commercial building and therefore meets this standard.
b. A maximum of three allowed sign types shall be allowed on a building or massing increment unless stated otherwise.
The applicant is proposing three sign types (wall sign, monument sign, and digital menu board) in accordance with the Highway 111 Corridor Specific Plan Sections 3.11.C.1.a and 3.11.C.1.b. While the maximum height for tenant signs generally remains consistent with the standards, an exception is requested for one (1) cabinet sign on the east elevation, increasing the allowable size from 30 inches high to 72 inches and one (1) channel letter sign on the south elevation, increasing the allowable size from 30 inches to 38 inches. Conditions of approval reduce the requested size, by requiring the applicant maintain a minimum of twelve (12) inches from any roofline, roof edge, aluminum canopy, or electrical room. Monument signs are permitted to be 7 feet high and 10 feet wide. The applicant is proposing a monument sign of six (6) feet tall and five (5) feet, three (3) inches wide. The monument signs comply with the maximum size signs allowed in the Highway 111 Corridor Specific Plan and conditions of approval require compliance with the approved plans or the Highway 111 Corridor Specific Plan as applicable.
c. Phone numbers and email addresses shall be prohibited from being displayed on any of the allowed sign types, with the exception of front yard signs.
The applicant is not proposing to display phone numbers and/or email addresses. Conditions of approval will prohibit the display of phone numbers and email addresses for the project.
d. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties.
The applicant has submitted photometric plans for onsite lighting and signage.
As proposed, the photometric plans comply with City requirements for lighting limits to the property line and have been conditioned to comply with applicable lighting standards.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 581 of 883 e. Directory signs are small wall signs located at pedestrian eye level and intended to identify multiple tenants within a building or complex.
The project comprises of one (1), single-tenant drive-through restaurant without proposed directory signage. However, any future signs not included in this entitlement will be reviewed following the standards of the Highway 111 Corridor Specific Plan.
f. Internal illuminated “Cabinet Signs” and/or “channel letters” shall be prohibited for all signage.
All proposed wall mounted signage consists of halo lit channel letter signs or cabinets. Conditions of approval require all illuminated signs be externally illuminated or halo lit, and as such, the project complies with this requirement.
Section 3.12 Parking
Pursuant to Section 3.12 (Parking) of the Specific Plan specifies standards for surface parking and structured parking including the number of parking spaces and parking design standards. Table 3.12-1 specifies the minimum parking requirements for retail, office, residential and restaurant uses. For restaurants, the table requires installation of
0.5 parking spaces per every 4 seats. The project does not provide seating for customers, requiring a total of zero (0) parking spaces. However, pursuant to section 3.14.B.1.g (Parking and Circulation), the visual impact of parking installed in Limited Land Uses shall be mitigated consistent with the standards outlined in Unified Development Code section
3.03 (Parking and Loading). Pursuant to Table 3.03.05-1 (Required Number of Vehicle Parking Spaces), a total of six (6) spaces are required per 1,000 square feet of dine in or take-out restaurants. While the 7Brew restaurant primarily serves as a drive through restaurant, the project offers take-out through the provision of walk-up pedestrian service.
The project proposes 910 gross square feet, including storage areas, restrooms, and employee workstations. As such, the project is required to provide 5.46 parking spaces, rounded to a total of five (5) required parking spaces. The project proposes to have 9 stalls, including one (1) ADA accessible stall which meets and exceeds the minimum requirements.
Section 3.13 Site Design
Pursuant to Section 3.13 (Site Design) specifies standards for the design and location of various site design elements for the purpose of the health, safety, and general welfare of the immediate occupants of each building, and for the neighborhood. This section addresses utility access and equipment, mechanical and electrical equipment, telecommunication devices, wet utilities, service entrances and waste disposal areas, fence and wall heights, entrance arbors, lighting, landscaping, stormwater and open space. The applicant has submitted a landscape plan with their submittal packet and a condition of approval requiring evidence on the final landscape plan submitted for administrative review and approval will be required. Additionally, the project proposes to provide a utility room/closet on the west elevation so that these services shall be in inconspicuous locations and thoroughly screened from public view. Furthermore, the project is conditioned to provide and meet the requirements of this Section.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 582 of 883 Section 3.14 Limited Uses in the MU-C Zone
Limited Land Uses are regulated pursuant to Section 3.14 (Limited Uses in the MU-C Zone) within the boundaries of the Specific Plan. Section 3.14.2.a-i address applicability of the standards in this Section including but not limited to applying only to properties in the Mixed Use Corridor zone, limited land uses consisting of freestanding single-use (pad) commercial buildings, drive-through service facilities, office/light industrial buildings, adaptive re-use of existing commercial/industrial buildings and parking lots that occupy greater percentages of one or more street frontages than prescribed by the standards of Sections 3.8 and 3.12. This provision allows for the development of freestanding singlestory commercial buildings and drive-throughs in the Mixed-Use Corridor (MU-C) zone to support interim economic reinvestment, even if such development does not meet all MU-C form-based standards, including minimum building height or complete frontage buildout.
The proposed development activates a vacant parcel, introduces new commercial activity, enhances the corridor’s visual character through landscaping and architectural design features, and aligns with the Specific Plan’s intent to encourage short-term reinvestment while preserving long-term planning goals.
According to Table 3.14-1, Subarea 1 permits up to three (3) Limited Land Use approvals.
Based on current records, no other Limited Land Use approvals have been issued within Subarea 1, and this project would represent one of the maximum of three (3) allowed. The project meets the physical and design criteria for a Limited Land Use and is being processed through Planning Review consistent with the Specific Plan’s procedures.
In addition to General Plan and Zoning compliance, Section 6.04.03 (Planning Review) of the Unified Development Code, and subject to state law, the Planning Commission must make the following findings for design review approval
III. Overall Function and Design
The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, will enhance the appearance and features of the project site and surrounding natural and built environment.
The project is designed as a small scale drive through restaurant with shade structures over pedestrian ordering areas and over vehicle order pick up areas. Shade structure canopies and columns incorporate “regal blue” finishing used as part of the building fascia, visually integrating the shade structures into the building through the use of color. The structure proposes to provide visual interest through the use of varied roof lines including parapet roofs, vertical projections, and a curved standing steam roof. At the highest point, the standing seam roof reaches 19 feet and 2 inches before curving downwards to about 14 feet and 6 inches. Along the curve, the structure utilizes “regal blue” finishes, consistent with the coloration of the shade structure. The building continues with a “regal blue” parapet roof for approximately 40 feet and 3 inches at 12 feet and four inches high. At the westernmost elevation, the structure ends with a vertical projection to approximately 16 feet high. This vertical projection incorporates “Black Onyx” concrete paneling, further increasing the visual interest through the use of color, material, and texture.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 583 of 883 The 910 square foot building is designed to provide approximately 704 square feet of employee workstations, 66 square feet of and employee-only restroom, 164 square feet for a mechanical access room, and 140 square feet for the restaurant’s walk-in refrigerator.
Access to the building is restricted to employees only, with walk-up service provided to pedestrians. Primary staff entrances used for providing food service to drive-up vehicles are constructed with built-in glazing, while a secondary staff entry is provided without glazing on the north elevation. The secondary entrance takes access to restaurant storage areas and does not provide glazing, but rather, is a solid black color to closely match the black concrete tile siding incorporated throughout the building. This design ensures visitors can visually distinguish between customer areas and employee areas, improving pedestrian circulation without the need for signage.
Two (2) one-way drive through lanes are provided for vehicle queuing, with a third “pass through” lane provided for visitors to access on-site parking spaces. As traffic flows through the site in one direction, the project proposes to install chevron arrow signs on the ground in addition to the words “DO NOT ENTER” where the one-way vehicle path of travel intersects with the site access point. Along the drive-through lanes, landscaping is installed in order to reduce glare from vehicle headlights onto Highway 111. In addition, the project provides a separate pedestrian path along the eastern and western edges of the project site, connecting employee work stations with the trash enclosure, as well as the pedestrians to the “EOS” project site. Trash enclosures are designed to provide separate pedestrian access to the trash enclosure, allowing employees to access the refuse and recycling areas without the need of stepping into vehicle circulation areas.
Through the use of architectural features to create visual interest, visually distinguish customer and employee areas, and the installation of pedestrian paths, it can be seen that the project design is functional and attractive.
IV. Site Design
Structures within the development and between the structures and the site relate to one another. Proposed structures and related site development improvements (e.g., access, parking, grading, etc.) relate and connect to existing development in the vicinity. The site is designed to promote efficient circulation and encourage a range of transportation modes by providing safe and convenient routes for pedestrians and cyclists. Projects incorporate necessary utilities and service areas (e.g., refuse and recycling enclosures) such that they are compatible with the overall design of the project and minimize visual impacts.
While the project site consists of one proposed 910 square foot drive through building, the parcel is part of a larger shopping center known as “Desert Crossroads.” The “Desert Crossroads” Shopping Center consists of an anchor tenant and service station within the City of Indio. Adjacent to the project site, the “Komar Desert Center” within the City of La Quinta consists of existing retail and restaurant tenants. Both shopping centers share right in-right out access connecting to Highway 111 and along the border of the Cities of Indio and La Quinta. As proposed, the project would include sidewalk improvements from the northernmost portion of the parcel to the southernmost portion of the parcel along the western edge of the project site. This would connect an existing sidewalk from the Desert Crossroads’ anchor tenant to Highway 111 and improve pedestrian access within the existing shopping center. In addition, pedestrian access is provided from Highway 111 to the walkup pedestrian window provided as part of the “7-Brew” project and the “7Brew” trash enclosure.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 584 of 883 The project proposes to install nine (9) parking stalls, including one (1) Americans with Disabilities Act (ADA) accessible parking stall at the center of the project site. All parking stalls are angled to ensure vehicles exiting the parking spaces do not traverse the site counter to the direction of oneway traffic. Visitors the site may access the pedestrian walk-up window from the parking stalls via the pedestrian walkway on the east of the project site or by following the ADA path of travel from the accessible parking stall to the building.
The site’s trash enclosure is located on the south-eastern portion of the project site. As the project proposes one lane, one-way circulation through the site, placement of the trash enclosure in this location allows collection of refuse, recycling, and organics without interfering with on or off-site circulation. The project also provides a separate pedestrian gate for employees to access the trash enclosure, allowing employees to dispose of waste without needing to enter vehicle circulation areas. To ensure visual consistency with the project site, the trash enclosure will be constructed with Black Concrete Masonry Unit (CMU) block wall to match the “Black Onyx” concrete tile utilized on the drive through restaurant structure. In addition, the trash enclosure proposes to use a blue metal roof to match the blue used as roof accents.
Through the integration of pedestrian facilities the project’s site design relates to the surrounding commercial uses. Through the design and placement of the trash enclosure, and integration of electrical rooms for visual screening, the project site relates to itself through the use of consistent architectural details.
V. Building Design
Buildings are designed to mediate scale, massing, and bulk, reflect a human scale design, and enhance the pedestrian experience through building modulation and facade articulation treatments. The project architecture is harmoniously integrated internally and in relation to the architecture in the vicinity in terms of colors and materials, scale, and building design. The design is sensitive to and compatible with historic and low-density or sensitive uses in the vicinity.
The proposed 7Brew restaurant uses consistent architectural materials (including White HardiPlank, “Black Onyx” Concrete Tile, “regal blue” roof trim), varied rooflines, and decorative detailing. While the project is designed as a drive-through restaurant, human scale design is incorporated through the implementation of a walk up pedestrian window with a shaded waiting area provided by a “regal blue” aluminum shade structure. Accessory structures, including trash enclosures and freestanding monument sign incorporate design elements consistent with the project site, including the use of regal blue roof trim and black Concrete Masonry Unit (CMU) block wall utilized in the trash enclosure, utilizing colors and materials used elsewhere on site, and the use of blue roof trim on the free-standing monument sign.
VI. Streetscape
The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the intended character of the area.
On February 19, 2019, Resolution No. 1885 was approved by the Planning Commission for Tentative Parcel Map 37638 (Case No. TPM-18-11-397) to subdivide 7.12 acres of land into four parcels. The conditions of approval for Resolution No. 1885 required the applicant (Terra
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 585 of 883 Nova Planning & Research on behalf of the Barclay Group) to submit Street Improvement & Lighting Plans and Landscape & Irrigation Plans as part of the Desert Crossroads Project. As such, the City Engineer is only requiring the installation of a sidewalk along the westerly property line as part of the Conditions of Approval. The installation of a sidewalk at this location is intended to complete the existing sidewalk from Highway 111 to the existing sidewalk within the “Desert Crossroads” shopping center.
The project proposes to install an additional drive through restaurant in an existing shopping center. The proposed landscaping is consistent with the surrounding commercial areas through the provision of trees and shrubbery around the perimeter of the project site.
Adjacent retail and commercial uses have existing landscaping installed in largely the same manner.
In addition, conditions of approval require the applicant to install four (4) palm trees fronting Highway 111 to match landscaping installed in the Median of Highway 111. The long-term vision for the Highway 111 Corridor Specific Plan is to provide palm-lined Highway 111 Corridor in the East and West Gateways to the City. Through the conditions of approval, the project meets the long term vision of the corridor and enhances the streetscape.
VII. Parking
Parking areas are designed and developed to provide adequate parking, buffer surrounding land uses, compliment pedestrian-oriented development, enhance the environmental quality of the site (e.g., by minimizing stormwater run-off and the heat-island effect), and achieve a safe, efficient, and harmonious development. Parking areas are properly sited, designed, and screened to minimize the impacts of parking and vehicles on the pedestrian experience.
The project proposes to install 9 parking spaces, including one ADA accessible parking stall.
Parking areas are screened from Highway 111 through the installation of landscaping around the perimeter of the project site and building placement between the parking area and Highway 111. In addition, the parking area provides three trees, to provide shade over parking areas. All trees provided are 24 inch box size and will provide shade for four (4) of the total nine (9) parking spaces. The conditions of approval require the installation of on-site water retention. Shade and transpiration from trees have been found to reduce the Urban Heat Island Effect. Urban heat-island effect reduction and on-site water retention will serve to enhance the environmental quality of the site.
The project additionally proposes to provide pedestrian access on the North, East, and West portions of the project site, allowing pedestrians to navigate the site without interference from automobile traffic. The western sidewalk connects Highway 111 to an existing sidewalk to the anchor tenant in the Desert Crossroads commercial center. In addition, the project will provide direct pedestrian access from Highway 111 to walk-up ordering facilities. Through separation of pedestrian facilities, enhanced connection, and provision of walk-up ordering facilities, the impact of automobile facilities is minimized.
VIII. Screening and Fencing/Walls
Fences, walls, and other visual screening elements are made of high-quality materials, add visual interest, are compatible with the character of surrounding development, and help community members differentiate between public and private property. Appropriate screening is provided between incompatible uses.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 586 of 883 Pursuant to section 3.14.C of the Highway 111 Corridor Specific Plan, drive-through lanes adjacent to the building shall be screened from the Highway 111 Corridor through the installation of 3 foot to 4 foot high walls, building siting, or the installation of landscaping.
Drive through queuing will be screened from the Highway 111 right-of-way through building placement and landscaping. The “7Brew” building will be placed between the queuing area and Highway 111. In addition, the applicant proposes to install a variety of shrubbery around the perimeter of the parking lot and drive through queuing areas, including forty-two (42) Cleome Isomeris (Bladderpod Spiderflower) and thirty-one (31) Hesperaloe Parviflora (Red Yucca). Clara Indian Hawthorn can grow three (3) to four (4) feet high and Red Yucca can grow up to three (3) feet high, according to Coachella Valley Water District’s Lush and Efficient Landscape Gardening in the Coachella Valley, consistent with the screening requirements of the Highway 111 Corridor Specific Plan. Through the installation of landscaping that can grow to six (6) feet high, the landscaping meets and exceeds the requirement for screening from drive-through areas. In addition, the conditions of approval requires landscaping to be maintained, with any dead, diseased, or dying plantings to be replaced within 30 days, ensuring all screening is maintained. Landscaping is designed consistently with surrounding commercial uses through placement of trees in parking areas and trees and shrubbery on the project perimeter. While conditions of approval require the proposed plant species to change, conditions of approval also require screening to be provided between Highway 111 and the drive-through queuing lanes.
In addition to the screening of drive through queuing lanes, the applicant proposes to install a two foot deep by three feet wide electrical shed for the screening of electrical facilities. This electrical shed has been conditioned to utilize building materials that match the architectural detail of the building to reduce visual clutter.
Through the installation of landscape screening and an electrical shed, all screening is appropriately designed for the project site.
IX. Lighting
Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.
The applicant has provided photometric plans of the project site, detailing the brightness of on-site lighting and brightness at the property line. As designed, the project proposes to provide two lights in parking areas, illuminated signage, and lighting built into shade structures canopies. Conditions of approval require lighting to be shielded, as well as establishes a maximum illuminance of 4.0 footcandles, consistent with both the Highway 111 Corridor Specific Plan and the Unified Development Code. Upon submittal of building permits, photometric plans will be reviewed for compliance with the conditions of approval.
X. Landscaping
Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, conserve water, provide buffers or screening, and help relate the building to the surrounding landscape.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 587 of 883 The landscape design utilizes shrubbery and trees around the parking lot perimeter and within parking areas. The Highway 111 Corridor Specific Plan section 3.13 requires all trees and plant material to be native to the Sonoran Desert or adaptive from regions with similar arid climates (such as the Mojave). The Unified Development Code section 3.02.09 additionally requires all landscaping to be selected from the Coachella Valley Water Districts “Lush and Efficient Landscape Gardening in the Coachella Valley,” as well as establishes a minimum parking lot and street planting minimum size of24 inch box for trees and 5 gallons for shrubbery. The proposed plant palette, size, desert adaptiveness, and listing within the “Lush and Efficient” book is outlined below in “Table B”.
Table B
Species Quantity Type Size “Lush
and
Efficient”
Desert
Adaptive
Blue Palo Verde 3 Tree 24”
Box
Yes Yes
Green Vase Japanese Zelkova 3 Tree 24”
Box
No No
Heritage Southern Live Oak 5 Tree 24”
Box
Yes Yes
Queen Palm 4 Tree 24”
Box
Yes No
Red Yucca 31 Shrub 5
Gallon
Yes Yes
Fairy Duster 42 Shrub 5
Gallon
Yes Yes
Bladderpod Spiderflower 42 Shrub 5
Gallon
Yes Yes
Julie Chuparosa 10 Shrub 5
Gallon
Yes Yes
Langman’s Sage 14 Shrub 5
Gallon
Yes Yes
Conditions of approval require conformance with the standards of both the Highway 111 Corridor Specific Plan and, where silent, the Unified Development Code for landscaping. In addition, conditions of approval require the installation of additional landscaping, including four palm trees fronting Highway 111 to match existing landscaping in the Median of the project site. The applicant is proposing to install four Queen Palms, which will be required to be updated to match the existing Date Palms within the Highway 111 Median. In addition, the applicant is desert friendly landscaping to provide shade along pedestrian pathways.
Conditions of approval require one tree spaced an average of every 35 feet along pedestrian walkways. As designed, this requirement would conflict with the on-site circulation on the western edge of the project site. However, the applicant is proposing to install two additional trees along the eastern edge of the project site, providing trees at an average of approximately every 25 feet to meet the intent of this requirement. As such, through the application of conditions of approval, this project incorporates landscaping that enhances the architectural character and features of the building on site, provides buffers, conserves water, and relates the project site to the surrounding landscape.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 588 of 883 XI. Consistency and Compatibility
Project details, materials, signage, and landscaping, are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.
The project proposes to utilize consistent materials and color schemes throughout the project site, including “Regal Blue” metal roofing, “Onyx Black” Concrete paneling and Concrete Masonry Units, and light grey walls on the drive through restaurant and monument sign. The use of a consistent color palette throughout the project site ensures visual consistency throughout the project.
XII. Public Art Component
Public art is provided in satisfaction of Chapter 3.06 Art in Public Places.
Chapter 3.06 of the Unified Development requires new non-residential projects to provide art, or be assessed an in-lieu fee at the time of building permit application. As this project does not provide public art, an in-lieu fee of one-half percent (0.005%) of the total building valuation, excluding land acquisition and off-street improvement costs, will automatically be assessed at the time building permit fees are calculated.
XIII. General Welfare
The project will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.
Conditions of approval mitigate the risk of harm to the public to an approvable level. Any damage to existing off-site improvements, including curb, gutter, and landscaping have been conditioned to be repaired to the original condition. All construction and grading must comply with PM10 standards to the satisfaction of the City Engineer, and all construction must occur within the times approved in Municipal Code section 151.160 (Permitted Work Hours), unless approved by the Community Development Director on a case-by case basis. These standards ensure noise and dust concerns are mitigated to the highest extent possible and that public improvements are returned to their original conditions after the end of construction FINDINGS: CONDITIONAL USE PERMIT (PLAN-CUP-26-0011)
Pursuant to Indio UDC Section 6.04.04, the Planning Commission must make the following findings in order to approve or conditionally approve PLAN-CUP-26-0011 for the 7Brew project. The inability to make one or more of these findings is grounds for denial of the application.
Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) of the Specific Plan specifies that this Chapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC). Table 3.5-1 (Allowed Uses) specifies that all drive-through restaurant land uses are subject to the issuance of a conditional use permit approval and that the issuance of this approval shall ultimately be by the City Council following review and issuance of a recommendation by the Planning Commission.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 589 of 883
1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code.
The project site is zoned Mixed-Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan. Limited Land Uses such as drive-through restaurants require a Conditional Use Permit and are approved by the City Council (PLAN-CUP-26-0011). All other applicable provisions, including parking, signage, and building code requirements, have been addressed through this discretionary review and are subject to conditions of approval.
2. The proposed use is consistent with the General Plan and Any applicable Specific Plan
The project is consistent with the City of Indio General Plan 2040 designations of Mixed Use Neighborhood (MUN), as well as the Highway 111 Corridor Specific Plan. Although drive-throughs are not part of the Highway 111 Corridor Specific Plan’s vision to create a pedestrian-friendly, mixed-use environment, they are permitted as Limited Land Uses within Subarea 1 with approval of a CUP by the City Council. The proposed use supports the intent of the Highway 111 Corridor by transforming into a lively mixed-use area with retail, commercial, and pedestrian-oriented corridors. The project promotes goals LU-1, LU-2, and LU-4 of the General Plan, which call for a defined citywide urban structure, comfortable spaces, and high-quality building designs.
3. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.
The site is located in an established urban area with adequate vehicle, pedestrian, emergency access, and utility services. The proposed development meet all health and safety standards through conditions of approval, including stormwater retention, landscaping, and infrastructure improvements. The project is not located near sensitive habitat or geologic constraints. All improvements are designed to protect public health and safety, and the project is not expected to cause harm to surrounding properties or the community.
4. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code.
While the project includes variations such as single-story buildings below the MU-C minimum height requirement, these can be approved under the Limited Land Use provisions (Section 3.14) to facilitate near-term economic revitalization. The project complies with development standards for floor area ratio, building height (within the exceptions), parking, building placement (within the exceptions), signage (with modification requested), and site design. Certain minor deviations, such as front setback distances for some pads, are approved pursuant to CUP and Limited Land Use provisions.
Highway 111 Corridor Specific Plan Section 3.5.C Supporting Findings for Approved Land Uses
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 590 of 883 A. That the proposed use will not become a public nuisance, resulting in disturbances of the peace, illegal drug activity including sales or possession thereof, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, public urination, curfew violations, theft, assaults, batteries, acts of vandalism, illegal parking, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, lewd conduct, or frequent police detention, citations or arrests, or any other activity declared by the City to be a public nuisance determined by California law to be public nuisance.
The proposed Project consists of one (1) drive through. The proposed use is a customary commercial activity and is not inherently associated with the nuisance activities identified in this finding. The Project has been designed with defined vehicular circulation, drive-through queuing areas, pedestrian pathways, parking, site lighting, landscaping, and trash enclosures intended to support safe and orderly operation.
The tenant will remain responsible for maintaining the buildings, parking areas, drivethrough lanes, landscaping, sidewalks, and other common areas in a clean and orderly condition. Compliance with the applicable conditions of approval, City regulations, business-license requirements, noise standards, property-maintenance requirements, and public-safety regulations will be required throughout operation of the Project.
Accordingly, the proposed uses are not anticipated to result in disturbances of the peace, illegal activities, excessive littering, unlawful parking, vandalism, or other conditions constituting a public nuisance.
B. That the proposed use will not generate noise, light, glare, dust, noxious odors or other similar adverse effects on surrounding uses. For the purposes of this requirement, “surrounding uses” shall include occupants of neighboring buildings, occupants of other floors within the same building, and pedestrians passing along the sidewalk in front of the subject property.
The proposed project is located within an established commercial center and are separated from surrounding properties by parking areas, drive aisles, landscaped setbacks, public streets, and existing commercial development. Potential operational noise will primarily consist of vehicle movements, drive-through ordering equipment, mechanical equipment, and ordinary restaurant activity. The Project is required to comply with the City’s applicable noise standards, and drive through speakers and other equipment must be installed and operated so that noise does not create an adverse effect on surrounding uses.
The Project includes site lighting and building-mounted lighting designed to provide visibility for customers and employees while limiting light spill and glare onto adjoining properties and public rights-of-way. Rooftop mechanical equipment will be screened, and restaurant exhaust and mechanical systems will be subject to applicable building, mechanical, and air-quality requirements. Construction-related dust and noise will be temporary and regulated through applicable City requirements and conditions of approval. With implementation of these requirements, the Project is not anticipated to generate excessive noise, light, glare, dust, noxious odors, or similar adverse effects.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 591 of 883 C. By the design and construction of buildings and by hours of operation of the subject use, noise that would be disruptive to residents of dwellings beside or above the proposed use shall not be permitted between the hours of 11:00 P.M. and 7:00 A.M.
No residential dwelling units are located within, beside, or above the proposed commercial building. The nearest parcel with residential uses is located approximately 660 feet away from the project site located at 47555 Jefferson Street, known as “Arroyo Crossing.” The Project consists of a detached, single-story, 910 square foot drive through building within the existing Desert Crossroads commercial center. The building design, separation from residential uses, placement of drivethrough lanes, and intervening commercial development reduce the potential for nighttime operational noise to affect residential properties. All uses will remain subject to the City’s applicable noise standards and conditions of approval during all hours of operation, including the period between 11:00 p.m. and 7:00 a.m. Therefore, the proposed uses are not anticipated to create disruptive nighttime noise affecting residential dwellings.
D. That the proposed use will not generate access and parking requirements in excess of those provided for Section 3.12.
The Project provides off-street parking, drive-through queuing, pedestrian circulation, and vehicular access designed to serve a quick-service restaurant with pedestrian take-out in accordance with Section 3.12 of the Highway 111 Corridor Specific Plan.
The site plan provides two (2) designated drive-through lanes and vehicle-stacking areas for each building, separate from the primary drive aisles and parking spaces, to reduce interference with on-site circulation. Access is provided through the existing Desert Crossroads circulation system and existing connections to Highway 111.
The proposed parking meets parking requirements of the specific plan and drivethrough stacking have been evaluated as part of the Planning Review and Conditional Use Permit applications. Compliance with the applicable parking, loading, accessibleparking, and drive-through queuing requirements will be required through the approved plans and conditions of approval. Accordingly, the proposed uses are not anticipated to generate access or parking demands in excess of the facilities provided pursuant to Section 3.12.
E. That perceived privacy and/or security requirements of the proposed use will not lead building users to maintain rarely opened opaque window coverings on street-facing windows, nor to routinely utilize rear or side entries rather than street-facing front doors as the primary means of access and egress to the building.
The proposed building is designed to provide walk up pedestrian service through an access door on the north elevation and drive through service through two (2) access doors on the south elevation. The project does not allow public access into the building and does not require the level of privacy or security that would ordinarily result in permanently covered storefront windows. The building elevations incorporate substantial storefront glazing along east elevation, allowing visibility between the employee work areas and adjacent pedestrian areas. The proposed 7Brew restaurant is not proposing public access to interior areas during operating hours, and window
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 592 of 883 coverings may be necessary for glare control, energy efficiency, or operational purposes.
F. That the ground floor rooms adjacent to the street frontage will be occupied during much of the day and occupied and/or lighted during most evenings.
The Project consists of a single-story drive through restaurant containing employee workstations, storage areas, and an employee-only restroom. Employee workstations will remain occupied and illuminated during operating hours. i. For all retail, restaurant and indoor recreational uses, display windows shall not “wall off” views into retail interior spaces, and the interiors of dining rooms and activity rooms shall be clearly visible to passing pedestrians.
The drive through restaurant building incorporates storefront glazing along the east elevation, adjacent to vehicle and pedestrian order pick up areas.
The glazing is intended to preserve views into active interior spaces and will not be designed or operated as an opaque display wall that prevents visual connection between the building interiors and adjacent pedestrian areas.
Covered order and pick up areas, architectural canopies, and pedestrian pathways further support activity and visibility around the restaurant buildings.
ii. For office uses, front rooms should include lobbies, waiting areas, and office spaces in which window blinds are typically open.
This finding is not applicable. The proposed Project does not include office uses.
iii. For residential uses, units should be configured such that public realm-facing rooms include living rooms and dining rooms, and should not include bathrooms, closets and other uninhabited spaces.
This finding is not applicable. The proposed Project does not include residential dwelling units.
5. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.
The project is located in a mixed-use corridor with adjacent vacant and commercial uses, all consistent with the General Plan and Specific Plan land use designations. The development’s scale, building height, and use are compatible with the existing surrounding neighborhoods and support planned future mixed-use growth. The project maintains compatibility by incorporating pedestrian pathways, landscaping, and appropriate building articulation, without disrupting existing uses or community character.
6. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 593 of 883 The site consists of one vacant parcels totaling approximately 0.81 acres, with no significant topographic or geologic constraints. Access is available via existing driveways from Highway 111 and on-site circulation as part of the “Desert Crossroads” shopping center. The site can be served by existing utilities (water, sewer, stormwater) as confirmed by city departments. The proposed densities and building sizes are within the allowable floor area ratios and height requirements (with conditional use permit exceptions). Stormwater management has been conditioned into the project and landscape plans are in place to support the development sustainably.
STAFF ANALYSIS:
Based on the foregoing findings, staff conclude that with the application of conditions of approval, the proposed 7Brew Project is consistent with the City of Indio General Plan 2040, the Highway 111 Corridor Specific Plan, and the applicable provisions of the Unified Development Code. Staff further conclude the Project satisfies the standards and requirements for the Planning Review Discretionary (PLAN-PRD-26-0027), Conditional Use Permit (PLAN-CUP-26-0011), and that the Project is appropriately evaluated through CEQA Guidelines Section 15332, In-fill Development. Accordingly, staff recommend that the City Council adopt the resolutions approving the 7Brew drive through restaurant.
ENVIRONMENTAL ASSESSMENT:
The City of Indio, as Lead Agency, has reviewed the Project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the three-step process for deciding which document to prepare for a Project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if a Project is exempt from CEQA. It can be seen with certainty that the Project is consistent with the applicable General Plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species.
Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The site can be adequately served by all required utilities and public services. The Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 – In-fill Development. Further, there is no substantial evidence indicating that any of the exceptions set forth in CEQA Guidelines Section 15300.2 – Exceptions apply to the Project.
ATTACHMENTS:
Attachment 1 - Resolution No. 10614 7Brew Project CUP
Attachment 2 - Resolution No. 10615 7Brew Project PRD
Attachment 3 - Vicinity Map 7Brew
Attachment 4 - Site Plan
Attachment 5 - Landscape Plan
Attachment 6 - Master Sign Plan
Attachment 7 - 7Brew Class 32 CatEx Justification
Attachment 8 - Full Architectural Set
Attachment 9 - Resolution No. 2147 7Brew PRD
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 594 of 883 Attachment 10 - Resolution No. 2148 7Brew CUP
APPROVAL(S):
Brian Halvorson, Dir. Of Community Development Approved - 29 Sep 2026 Ruby D. Walla, Director of Finance Approved - 30 Sep 2026 Steven Graham Pacifico, City Attorney Approved - 30 Sep 2026 Jonathan Nicks, City Manager Approved - 30 Sep 2026
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 595 of 883 RESOLUTION NO. 10614
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, TO APPROVE THE CONDITIONAL USE PERMIT FOR THE 7BREW PROJECT (CASE FILE NO. PLAN-CUP-26-0011) CONSISTING OF
A DRIVE-THROUGH RESTAURANT AS A LIMITED LAND USE PURSUANT TO SECTION 3.14 OF THE HIGHWAY 111 CORRIDOR SPECIFIC PLAN LOCATED SOUTH OF HIGHWAY 111 AND WEST OF JEFFERSON STREET (APN: 600- 440-014), AND DETERMINING THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332 (CLASS 32 –
IN-FILL DEVELOPMENT) OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES.
WHEREAS, on September 21, 2022, the City Council conducted a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan, reviewed the staff report, accepted and considered public testimony and approved Resolution No. 10326 adopting the Highway 111 Corridor Specific plan and repealing the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan-300 (MUSP-300); and,
WHEREAS, on September 21, 2022, the City Council approved Resolution No. 10325 making a finding of consistency with the Program Final environmental Impact Report (PFEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the adoption of the Highway 111 Corridor Specific Plan; and,
WHEREAS, The Kaidence Group (“Applicant”), 5070 N. 40th Street, Suite 210, Phoenix, AZ 85018, submitted an application for a Pre-Application Conference on October 6, 2026; and
WHEREAS, City Staff conducted a Pre-Application Conference on October 23, 2026; and,
WHEREAS, The Applicant submitted an application for a Planning Review Discretionary (PLAN-PRD-26-0027) and Conditional Use Permit (PLAN-CUP-26- 0011) for a drive through restaurant in the Mixed Use Corridor Zone on a parcel identified as Assessor's Parcel Number (APN) 600-020-021 located south of Highway 111 and west of Jefferson Street within the City of Indio; and, WHEREAS, the proposed Planning Review Discretionary application consists of the development of an approximately 910 square foot drive-through coffee shop, including site deign, architecture, circulation, landscaping, parking, and a Master Sign Plan; and,
WHEREAS, the Project site is located south of Highway 111 and west of Jefferson Street in the City of Indio, Riverside County, California (APN: 600-020- 021) (“Property”); and
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 596 of 883 WHEREAS, the Project site is designated Mixed Use Neighborhood in the General Plan 2040, has a zoning designation of Mixed-Use Corridor (MUN) under the Highway 111 Corridor Specific Plan; and
WHEREAS, The City of Indio, acting as Lead Agency, determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15332 (Class 32 – In-Fill Development), as it meets all conditions of the exemption; and
WHEREAS, in accordance with Government Code Section 65090, on August 7, 2026, City staff published a legal notice of public hearing in The Desert Sun, the newspaper of record, and mailed notices of public hearing on August 6, 2026, to all property owners within 500 feet of the boundaries of the proposed Project; and WHEREAS, on August 26, 2026, the Planning Commission held a duly noticed public hearing to consider the Conditional Use Permit application (Case File No. PLAN-CUP-26-0011), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission approved Resolution No. 2148, recommending conditional approval of the Conditional Use Permit application for the 7Brew Project (Case File No. PLAN-CUP-26-0011) by the City Council, subject to the conditions of approval stated herein and as documented in the meeting minutes of the August 26, 2026, Planning Commission meeting.
WHEREAS, in accordance with Government Code Section 65090, on September 23, 2026, City staff published a legal notice of public hearing in The Desert Sun, the newspaper of record, and mailed notices of public hearing on September 21, 2026, to all property owners within 500 feet of the boundaries of the proposed Project;
WHEREAS, on October 7, 2026, the City Council held a duly noticed public hearing to consider the Conditional Use Permit application (Case File No. PLAN-CUP26-0011), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; WHEREAS, following the conclusion of the public hearing and discussion, the City Council approved this Resolution, approving the Conditional Use Permit application for the 7Brew Project (Case File No. PLAN-CUP-26-0011) by the City Council, subject to the conditions of approval stated herein and as documented in the meeting minutes of the October 7, 2026, City Council meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. Incorporation Of Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 597 of 883 true and correct and are incorporated into this Resolution by reference and constitute a material part of this Resolution.
SECTION 2. Environmental Evaluation. Section 6.03.06 of the Unified Development Code states that all “projects” as defined by the California Environmental Quality Act (CEQA) shall be reviewed for compliance with, or exemption from, CEQA and its Guidelines. Environmental review for the proposed project was conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). The City of Indio, acting as Lead Agency, determined that the proposed Project is consistent with the applicable General Plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The site can be adequately served by all required utilities and public services. The Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 – In-fill Development. Accordingly, no further environmental documentation is required.
SECTION 3. Conditional Use Permit (CUP) Findings. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines the project complies with the necessary findings as required by the Highway 111 Corridor Specific Plan for Planning Case File No. PLANCUP-26-0011 as follows:
Section 3.1.C.3 (Relationship to Indio Municipal Code and Unified Development Code) of the Specific Plan specifies that this Chapter relies on several existing procedural requirements of the Indio Municipal Code (IMC) and/or Unified Development Code (UDC). Table 3.5-1 (Allowed Uses) specifies that all drivethrough restaurant land uses are subject to the issuance of a conditional use permit approval and that the issuance of this approval shall ultimately be by the City Council following review and issuance of a recommendation by the Planning Commission.
1. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Code and all other titles of the Municipal Code.
The project site is zoned Mixed-Use Corridor (MU-C) under the Highway 111 Corridor Specific Plan. Limited Land Uses such as drive-through restaurants require a Conditional Use Permit and are approved by the City Council (PLAN-CUP-26- 0011). All other applicable provisions, including parking, signage, and building code requirements, have been addressed through this discretionary review and are subject to conditions of approval.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 598 of 883
2. The proposed use is consistent with the General Plan and any applicable Specific Plan.
The project is consistent with the City of Indio General Plan 2040 designations of Mixed Use Neighborhood (MUN), as well as the Highway 111 Corridor Specific Plan.
Although drive-throughs are not part of the Highway 111 Corridor Specific Plan’s vision to create a pedestrian-friendly, mixed-use environment, they are permitted as Limited Land Uses within Subarea 1 with approval of a CUP by the City Council.
The proposed use supports the intent of the Highway 111 Corridor by transforming into a lively mixed-use area with retail, commercial, and pedestrian-oriented corridors. The project promotes goals LU-1, LU-2, and LU-4 of the General Plan, which call for a defined citywide urban structure, comfortable spaces, and highquality building designs.
3. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.
The site is located in an established urban area with adequate vehicle, pedestrian, emergency access, and utility services. The proposed development meet all health and safety standards through conditions of approval, including stormwater retention, landscaping, and infrastructure improvements. The project is not located near sensitive habitat or geologic constraints. All improvements are designed to protect public health and safety, and the project is not expected to cause harm to surrounding properties or the community.
4. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this Code.
While the project includes variations such as single-story buildings below the MU-C minimum height requirement, these can be approved under the Limited Land Use provisions (Section 3.14) to facilitate near-term economic revitalization. The project complies with development standards for floor area ratio, building height (within the exceptions), parking, building placement (within the exceptions), signage (with modification requested), and site design. Certain minor deviations, such as front setback distances for some pads, are approved pursuant to CUP and Limited Land Use provisions.
Highway 111 Corridor Specific Plan Section 3.5.C Supporting Findings for Approved Land Uses
A. That the proposed use will not become a public nuisance, resulting in disturbances of the peace, illegal drug activity including sales or possession thereof, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, public urination, curfew violations, theft, assaults, batteries, acts of vandalism, illegal
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 599 of 883 parking, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, lewd conduct, or frequent police detention, citations or arrests, or any other activity declared by the City to be a public nuisance determined by California law to be public nuisance.
The proposed Project consists of one (1) drive through. The proposed use is a customary commercial activity and is not inherently associated with the nuisance activities identified in this finding. The Project has been designed with defined vehicular circulation, drive-through queuing areas, pedestrian pathways, parking, site lighting, landscaping, and trash enclosures intended to support safe and orderly operation.
The tenant will remain responsible for maintaining the buildings, parking areas, drive-through lanes, landscaping, sidewalks, and other common areas in a clean and orderly condition. Compliance with the applicable conditions of approval, City regulations, business-license requirements, noise standards, property-maintenance requirements, and public-safety regulations will be required throughout operation of the Project. Accordingly, the proposed uses are not anticipated to result in disturbances of the peace, illegal activities, excessive littering, unlawful parking, vandalism, or other conditions constituting a public nuisance.
B. That the proposed use will not generate noise, light, glare, dust, noxious odors or other similar adverse effects on surrounding uses.
For the purposes of this requirement, “surrounding uses” shall include occupants of neighboring buildings, occupants of other floors within the same building, and pedestrians passing along the sidewalk in front of the subject property.
The proposed project is located within an established commercial center and are separated from surrounding properties by parking areas, drive aisles, landscaped setbacks, public streets, and existing commercial development. Potential operational noise will primarily consist of vehicle movements, drive-through ordering equipment, mechanical equipment, and ordinary restaurant activity. The Project is required to comply with the City’s applicable noise standards, and drivethrough speakers and other equipment must be installed and operated so that noise does not create an adverse effect on surrounding uses.
The Project includes site lighting and building-mounted lighting designed to provide visibility for customers and employees while limiting light spill and glare onto adjoining properties and public rights-of-way. Rooftop mechanical equipment will be screened, and restaurant exhaust and mechanical systems will be subject to applicable building, mechanical, and air-quality requirements. Construction-related dust and noise will be temporary and regulated through applicable City requirements and conditions of approval. With implementation of these requirements, the Project is not anticipated to generate excessive noise, light, glare, dust, noxious odors, or similar adverse effects.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 600 of 883 C. By the design and construction of buildings and by hours of operation of the subject use, noise that would be disruptive to residents of dwellings beside or above the proposed use shall not be permitted between the hours of 11:00 P.M. and 7:00 A.M.
No residential dwelling units are located within, beside, or above the proposed commercial building. The nearest parcel with residential uses is located approximately 660 feet away from the project site located at 47555 Jefferson Street, known as “Arroyo Crossing.” The Project consists of a detached, singlestory, 910 square foot drive through building within the existing Desert Crossroads commercial center. The building design, separation from residential uses, placement of drive-through lanes, and intervening commercial development reduce the potential for nighttime operational noise to affect residential properties. All uses will remain subject to the City’s applicable noise standards and conditions of approval during all hours of operation, including the period between 11:00 p.m. and 7:00 a.m. Therefore, the proposed uses are not anticipated to create disruptive nighttime noise affecting residential dwellings.
D. That the proposed use will not generate access and parking requirements in excess of those provided for Section 3.12.
The Project provides off-street parking, drive-through queuing, pedestrian circulation, and vehicular access designed to serve a quick-service restaurant with pedestrian take-out in accordance with Section 3.12 of the Highway 111 Corridor Specific Plan. The site plan provides two (2) designated drive-through lanes and vehicle-stacking areas for each building, separate from the primary drive aisles and parking spaces, to reduce interference with on-site circulation. Access is provided through the existing Desert Crossroads circulation system and existing connections to Highway 111.
The proposed parking meets parking requirements of the specific plan and drivethrough stacking have been evaluated as part of the Planning Review and Conditional Use Permit applications. Compliance with the applicable parking, loading, accessible-parking, and drive-through queuing requirements will be required through the approved plans and conditions of approval. Accordingly, the proposed uses are not anticipated to generate access or parking demands in excess of the facilities provided pursuant to Section 3.12.
E. That perceived privacy and/or security requirements of the proposed use will not lead building users to maintain rarely opened opaque window coverings on street-facing windows, nor to routinely utilize rear or side entries rather than street-facing front doors as the primary means of access and egress to the building.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 601 of 883 The proposed building is designed to provide walk up pedestrian service through an access door on the north elevation and drive through service through two (2) access doors on the south elevation. The project does not allow public access into the building and does not require the level of privacy or security that would ordinarily result in permanently covered storefront windows. The building elevations incorporate substantial storefront glazing along east elevation, allowing visibility between the employee work areas and adjacent pedestrian areas. The proposed 7Brew restaurant is not proposing public access to interior areas during operating hours, and window coverings may be necessary for glare control, energy efficiency, or operational purposes.
F. That the ground floor rooms adjacent to the street frontage will be occupied during much of the day and occupied and/or lighted during most evenings.
The Project consists of a single-story drive through restaurant containing employee workstations, storage areas, and an employee-only restroom. Employee workstations will remain occupied and illuminated during operating hours. i. For all retail, restaurant and indoor recreational uses, display windows shall not “wall off” views into retail interior spaces, and the interiors of dining rooms and activity rooms shall be clearly visible to passing pedestrians.
The drive through restaurant building incorporates storefront glazing along the east elevation, adjacent to vehicle and pedestrian order pick up areas. The glazing is intended to preserve views into active interior spaces and will not be designed or operated as an opaque display wall that prevents visual connection between the building interiors and adjacent pedestrian areas. Covered order and pick up areas, architectural canopies, and pedestrian pathways further support activity and visibility around the restaurant buildings. ii. For office uses, front rooms should include lobbies, waiting areas, and office spaces in which window blinds are typically open.
This finding is not applicable. The proposed Project does not include office uses.
iii. For residential uses, units should be configured such that public realm-facing rooms include living rooms and dining rooms, and should not include bathrooms, closets and other uninhabited spaces.
This finding is not applicable. The proposed Project does not include residential dwelling units.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 602 of 883
5. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.
The project is located in a mixed-use corridor with adjacent vacant and commercial uses, all consistent with the General Plan and Specific Plan land use designations.
The development’s scale, building height, and use are compatible with the existing surrounding neighborhoods and support planned future mixed-use growth. The project maintains compatibility by incorporating pedestrian pathways, landscaping, and appropriate building articulation, without disrupting existing uses or community character.
6. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.
The site consists of one vacant parcels totaling approximately 0.81 acres, with no significant topographic or geologic constraints. Access is available via existing driveways from Highway 111 and on-site circulation as part of the “Desert Crossroads” shopping center. The site can be served by existing utilities (water, sewer, stormwater) as confirmed by city departments. The proposed densities and building sizes are within the allowable floor area ratios and height requirements (with conditional use permit exceptions). Stormwater management has been conditioned into the project and landscape plans are in place to support the development sustainably.
SECTION 4. Recommendation. Based on the foregoing, the City Council of the City of Indio hereby APPROVES the Conditional Use Permit application (Case File No. PLAN-CUP-26-0011) for the 7Brew Project. The Applicant shall demonstrate compliance with all conditions of approval as specified in the Resolution. Failure to comply with these conditions may result in delays to project implementation or the rescission of project approval by the City of Indio, in accordance with applicable procedures. Where the term “Applicant” is used in any condition of approval, it shall also apply to the property owner, developer, or any successor in interest. It is the Applicant’s or successor’s responsibility to comply fully with all conditions, unless subsequently modified through the City’s established procedures.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 603 of 883 A. General Conditions of Approval:
The Applicant shall demonstrate full compliance to the following conditions of approval. The relevant City department or division or outside agency is noted in parentheses in the event that there are questions or additional information needed regarding a condition of approval. The Applicant shall adhere to and comply with each of these conditions, as set forth herein, as applicable and when necessary, and in no event later than the issuance of Certificate of Occupancy:
1. Where the term “Applicant” is used herein, this term shall apply also to the Property owner, any developer, or any successor in the interest of the Applicant. (Planning Division)
2. The Planning Review (Case File No. PLAN-PRD-26-0027 ; PLAN-CUP-26-0011 & PLAN-ER-26-0021) approval granted by this Resolution shall be valid for twentyfour (24) months from the effective date of this Resolution; unless prior to the expiration of the two years, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is issued; otherwise, this Design Review approval will automatically expire unless an extension of time has been granted as specified in Section 6.03.10 of the Unified Development Code.
3. In the event of any legal challenge, claim, administrative proceeding, or litigation arising from or related to the approval, construction, or operation of the project, including but not limited to any concurrent legislative acts, approvals, agreements or environmental determinations (“Project Approvals and Operations”) the Applicant shall, at its own expense, defend the City, its elected and appointed officials, officers, employees, agents, volunteers and attorneys (“Indemnified Parties”) against such legal challenge, claim, administrative proceeding, or litigation. In addition, the Applicant shall reimburse the City for the City’s cost of defending any such legal challenge, claim, administrative proceeding, or litigation, including, but not limited to, all attorney’s fees (including the City Attorney’s fees), legal costs, expert fees and costs, and all other expenses incurred by the City in connection with the legal challenge, claim, administrative proceeding, or litigation. The Applicant shall indemnify and hold harmless the Indemnified Parties from and against any and all liabilities, claims, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable attorney's fees and costs) arising from or in connection with the Project Approvals and Operations. This indemnification shall cover all claims, regardless of whether they arise from the negligence of the Indemnified Parties. The Applicant shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. The Applicant agrees to hold harmless the Indemnified Parties from any and all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the Project Approvals and Operations. This hold harmless obligation shall apply even if the claims, damages, losses, or expenses arise out of the negligence or fault of the Indemnified Parties. If Applicant fails to perform any of the obligations described
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 604 of 883 in this paragraph, the City shall have the right, among other remedies, to revoke the approvals for the Project without any liability to the Applicant. In order to ensure compliance with this condition, within twenty (20) days after notification by the City, the Applicant shall deposit with the City cash in the amount of ten thousand dollars ($10,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this condition. If the City is required to draw on that cash or security to indemnify or reimburse itself for such costs, the Applicant shall restore the deposit to its original amount within thirty (30) calendar days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit is necessary to secure the obligations of this section, the Applicant shall provide such additional security within thirty (30) calendar days of notice from the City Attorney. City shall promptly notify the Applicant of any legal challenge, claim, administrative proceeding or litigation to which the above obligations apply and the Applicant shall cooperate fully with the City in the defense.
4. All Conditions of Approval shall be provided on a full-size sheet as part of the construction plan set. All notes and specifications shown on the approved plans shall be considered Conditions of Approval. In the event of a conflict between the approved plans and the Conditions of Approval, the Conditions of Approval shall prevail.
5. Approval of this project authorizes a Conditional Use Permit and Planning Review Discretionary for the 7Brew Drive Through Coffee Shop. No building permits shall be issued until all applicable conditions of approval have been satisfied.
6. All Conditions of approval contained within Resolution of the Planning Commission No. 2147 and No. 2148 are maintained through the approval of this resolution.
7. The Applicant shall ensure that development occurs in substantial conformance with the approved plans for the 7Brew Drive Through Coffee Shop, including the approved Conditional Use Permit, Planning Review exhibits, and all conditions of approval, as determined by the Community Development Director or designee.
8. In the event of any conflict between the conditions of approval associated with this Planning Review, the Highway 111 Corridor Specific Plan, and Indio Unified Development Code, the condition of approval and the provisions of the Highway 111 Corridor Specific Plan shall govern, in that order.
9. Within thirty 30 calendar days following adoption of the City Council Resolution approving the Conditional Use Permit and Planning Review Discretionary, the Applicant shall submit written acceptance of all conditions of approval to the
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 605 of 883 Community Development Director. Failure to submit written acceptance within the required time frame shall render the approval null and void.
10. The Applicant shall permit City staff to conduct periodic inspections to verify compliance with all conditions of approval. The first inspection will occur within 6 months of a Certificate of Occupancy. The Planning Commission reserves the right to initiate a review of the PLAN-PRD-26-0027 and PLAN-CUP-26-0011 based on verified complaints or evidence of non-compliance.
11. Any sign type, design element, or signage standard not specifically addressed within the approved Master Sign Plan shall comply with the applicable signage standards of the Highway 111 Corridor Specific Plan Section 3.11 (Private Signage).
12. Monument Signage shall be limited to 8 feet in height and 12 feet in Width.
13. All signage shall be externally illuminated or halo lit.
14. Pursuant to Section 3.13 (Site Design) of the Highway 111 Corridor Specific Plan, all development shall comply with the applicable development standards set forth in Section 3.13.D of the Highway 111 Corridor Specific Plan. The following requirements shall be demonstrated prior to issuance of building permits and verified prior to the final planning inspection for approval for each lot:
a. Lighting Abutting the Public Realm. Lighting within surface parking lots, private frontages, and any other on-site open space that abuts a public right of way shall comply with the following standards:
i. Lighting shall be shielded by permanent attachments to fixtures so that light sources are not visible from adjacent properties or the public right of way.
ii. No freestanding fixture shall exceed a height of 15 feet as measured from finished adjacent grade.
iii. Light sources shall have a maximum output of no greater than 3,00 lumens.
iv. Required illuminance (in footcandles)
1. Max: 4.0
2. Min: 0.2
3. Max average: 0.8
4. Uniformity ratio (max/min): 20/1
5. Uniformity ratio (average/min): 4/1
15. Other Applicable Standards
Development shall also comply with the applicable sections of Article 3 of the Highway 111 Corridor Specific Plan, including:
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 606 of 883 a. Section 3.6 (Subdivision, Connectivity, & Public Realm Completion) b. Section 3.7 (Public Realm Standards)
c. Section 3.8 (Building Placement & Access)
d. Section 3.9 (Building Height)
e. Chapter 3.10 (Facades and Frontages)
f. Chapter 3.11 (Private Signage)
g. Chapter 3.12 (Parking)
h. Chapter 3.13 (Site Design)
i. Chapter 3.14 (Limited Uses in the MU-C Zone)
16. All rooftop-mounted mechanical equipment, vents, and ducts shall be fully screened from public view through screening materials compatible with the building design, subject to review and approval by the Planning Division.
17. The applicant shall submit an application for a Landscape Plan prior to installation of any landscaping. The Landscape Plan application shall be submitted to the Planning Division and shall be subject to review and approval by the Planning Division, Public Works/Engineering, and the Indio Water Utility and Maintenance Department.
18. Any landscaping used for drive-through screening shall reach between 3 and 4 feet and reach such height within 2 years of installation.
19. The applicant shall include photometric plans on all building permit submissions for the 910 square foot drive-through restaurant.
20. The Applicant shall comply with the landscaping requirements of the Highway 111 Corridor Specific Plan Section 3.13, and, where silent, the Unified Development Code Section 3.02.09. Specifically, all landscape species shall be desert adaptive, non-invasive, and selected from the Coachella Valley Water District’s Lush and Efficient Landscape Gardening in the Coachella Valley book.
All landscaping shall comply with the State Model Water Efficient Landscape Ordinance.
21. All required landscaping and irrigation systems shall be installed and fully operational prior to final planning inspection for each lot and shall be permanently maintained in a healthy condition. Dead or dying plant materials shall be replaced within thirty 30 days of City notification.
22. All trees shown on the approved landscape plans shall be installed at a minimum size of twenty-four 24-inch box.
23. All shrubs shown on the approved landscape plans shall be installed at a minimum size of 5 gallons.
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24. Any existing landscaping installed on the project frontage damaged during the construction process shall be replaced at a 1 to 1 ratio prior to final inspection at a minimum 24 inch box size for trees and a minimum 5 gallon size for shrubs.
25. Applicant to install a total of four (4) palm trees fronting Highway 111 with lighting to match landscaping installed in the Median of Highway 111.
26. All pedestrian pathways shall comply with the applicable connectivity, width, accessibility, surfacing, separation, and delineation requirements of UDC Sections 3.02.02 and 3.03.08.N. The Final Landscape Plan shall provide shade trees along the pedestrian pathways at an average spacing not exceeding 35 feet, consistent with UDC Section 3.02.02.E.
27. All refuse enclosures, loading areas, utility equipment, backflow devices, transformers, HVAC equipment, and mechanical equipment shall be screened from public view in a manner consistent with the Highway 111 Corridor Specific Plan and approved by the Community Development department.
28. The Applicant shall bear all costs associated with land acquisition, easements, rights-of-way, utility coordination, and infrastructure improvements necessary to serve the project, as required by the City.
29. The project shall comply with the California Environmental Quality Act prior to final approval and implementation.
30. Approval of the Conditional Use Permit and Planning Review Discretionary does not authorize construction. Separate grading, building, and other permits shall be required, and all construction shall comply with City codes in effect at the time of permit issuance.
31. The tenant shall obtain a City of Indio Business License prior to the first day of operation.
32. The proposed structure is identified as a commercial modular building. The building permit submittal shall include the applicable HCD/DAA-approved plans and evidence of the required HCD insignia.
33. Clearly identify which elements are included in the State-approved modular package and which will be constructed on-site. Site-specific foundations, anchorage, utilities, canopies, equipment supports, and accessory structures will require City review.
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 608 of 883
34. Plans shall demonstrate compliant accessible parking and accessible routes from the public right-of-way and parking area to the required building entrances and site facilities.
35. Verify that the modular building, canopies, trash enclosure, foundations, and utilities will not conflict with the recorded easements shown on the site plan.
36. Automatic fire sprinklers and separate Fire Department submittals shall be provided as required.
37. The building permit submittal shall include a complete code analysis, energy and CALGreen documentation, and all required structural and site-specific construction documents.
38. Separate permits may be required for signs, the trash enclosure, site lighting, photovoltaic systems, and other accessory improvements.
39. Fire Protection Water Supplies/Fire Flow - Minimum fire flow for the construction of all buildings is required per CFC Appendix B. Prior to building permit issuance for new construction, the applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow.
Specific design features may increase or decrease the required fire flow. Provide a copy of a fire flow verification from the local water purveyor, Indio Water Authority or CVWD, in the form of a letter, and graph depiction specifying the fire flow. Verification shall be prior to building permit issuance. (CFC) 507.3
40. Fire Protection Water Supplies/Hydrants - The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 400 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the fire department. In areas where new water mains are extended along streets and hydrants are not needed for protection of structures, standard fire hydrants shall be provided at spacing not to exceed 1,000 feet along streets for transportation hazards. Fire hydrants shall be at least 40 feet from the building it is serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4” x 2 ½” x 2 ½” (super hydrant). Reference CFC as amended and NFPA 24.
41. Water Plans - If fire hydrants are required to be installed, applicant/developer shall furnish the water system fire hydrant plans to the Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 609 of 883 by the local water authority, the originals shall be presented to the Fire Department for review and approval. Reference CFC as amended.
42. Fire Department Access - Fire apparatus access roads shall be provided within 150 feet of all exterior portions of buildings, unless otherwise approved by the fire department. Fire apparatus access roads shall have an unobstructed width of no less than 24 feet. Dead-end fire apparatus access roads exceeding150 feet in length shall provide an approved turnaround. The minimum required turning radius of a fire apparatus access road is 38 feet outside radius and 14 feet inside radius. The construction of the fire apparatus access roads shall be all weather and capable of sustaining 75,000 lbs. Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 16 percent, and the cross slope shall not exceed 2.5 percent. The angles of approach and departure for fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet of approach/departure. Reference CFC as amended and Riverside County Fire Department Policies and Standards.
43. Fire Lane marking: Identification and marking of fire lanes, including curb details and signage, shall comply with all Riverside County Fire Department Standards.
44. Fire Department Access Turn Around – On-parcel dead-end fire apparatus access roads exceeding 150 feet in length shall provide a bulb turnaround at the terminus measuring a minimum of 38 feet outside radius and 14 feet inside radius Parallel parking around the perimeter of the bulb is acceptable provided the bulb outside turning radius is increased by 8 feet. In-lieu of a bulb, a hammer-head type turnaround is acceptable where the top of the “T” dimension is 120 feet with the stem in the center. Additional turnaround designs may be acceptable as approved by the Fire Department. Reference CFC as amended and Riverside County Fire Department Policies and Standards.
45. Secondary Access – Unless otherwise approved by the Fire Department, dead end fire apparatus access roads shall not exceed (800 feet for Moderate Fire Hazard Severity Zone.) 1,320 feet. Secondary egress/access fire apparatus access roads shall provide independent egress/access from/to the area or as otherwise approved by the Fire Department. Secondary egress/access fire apparatus access roads shall be as remote as possible from the primary fire apparatus access road to reduce the possibility that both routes will be obstructed by a single emergency. Additional fire apparatus access roads based on the potential for impairment by vehicle congestion, condition of terrain, climatic conditions, anticipated magnitude of a potential incident, or other factors that could limit access may be required by the Fire Department.
Reference CFC as amended and Riverside County Fire Department Policies and Standards.
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46. Fire Department Building Construction Plan Review - Submittal of construction plans to the Fire Department will be required. Final fire and life safety conditions will be addressed when the Fire Department reviews the plans.
These conditions will be based on California Fire Code, California Building Code (CBC), and related codes/standards adopted at the time of construction plan submittal. Reference CFC as amended.
47. Fire Sprinkler System - All new commercial buildings and structures 3,600 square feet or larger will be required to install a fire sprinkler system. Reference CFC as amended.
48. Fire Alarm and Detection System - A water flow monitoring system and/or fire alarm system may be required as determined at time of building construction plan review. Reference CFC as amended.
49. Any existing building or structure undergoing a change in occupancy classification shall be evaluated for compliance with current applicable codes, and any required modifications shall be implemented.
50. Hazardous Vegetation and Fuel Management Plan - Projects in the Local Moderate Fire Hazard Severity Zones shall provide a Hazardous Vegetation and Fuel Management Plan to be reviewed and approved by the Fire Department. (A preliminary plan shall be provided to and approved by the Fire Department prior to any new parcel map recordation. A final plan shall be provided prior to grading permit clearances.) Reference CFC as amended.
51. Materials and Construction Methods for Exterior Wildfire Exposure - Projects in the Local Moderate Fire Hazard Severity Zones shall comply with Chapter 7A of the California Building Code and California Code of Regulations, Title 14 Fire Safety Regulations. Reference CFC as amended.
52. Bulk Storage/Use of Hazardous Materials and H Occupancies - A Hazardous Materials Technical Report shall be provided to and approved by the Fire Department. (A preliminary Hazardous Materials Technical Report shall be provided to and approved by the Fire Department prior to any new parcel map recordation).
53. Requests for installation of Traffic Calming designs/devices on Fire Apparatus Access Roads are prohibited unless submitted and approved by the Office of the Fire Marshal.
54. Gate Access - All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. (Manual gates shall not be locked unless a Knox padlock or Knox
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 611 of 883 Box containing the key to the lock is installed in an approved location on the approach side of the gate). A pedestrian gate, if used to provide access, shall be a minimum 3 feet wide and provided with a Knox Box/Padlock if locked.
Reference CFC as amended.
55. Emergency Responder Communication Coverage Systems - Projects that do not meet the exceptions set forth by the Riverside County Office of the Fire Marshal shall provide plans for an emergency responder radio coverage system.
Reference CFC as amended and Riverside County Fire Department Policies and Standards. Use the above statement only if the project does not meet the exceptions (two most common below): Buildings and structures that are three (3) stories or less, do not exceed 50,000 square feet in area on any single story, and do not have any complete or partial below grade building levels. Woodconstructed residential buildings and structures four (4) stories or less that do not have any complete or partial below grade building levels.
56. Fire Planning Review: This planning case will also be reviewed by the Riverside County Fire Department’s Fire Planning Division for the cumulative impact on the Fire Department’s ability to provide an acceptable level of service.
Additional requirements may be conditioned by Fire Planning to mitigate these impacts.
57. Applicant shall contact 811 “Dig Alert” prior to any excavation or demolition activities. Any excavation within ten (10) feet of SoCalGas High-Pressure facilities shall occur with a SoCalGas employee on standby.
58. Applicant shall notify SoCalGas a minimum of four (4) months prior to the start of any and all pavement work.
59. Applicant shall provide signed and approved design plans showing all SoCalGas facilities SoCalGas 4-12 months prior to construction of Major Street Improvements and Pipeline Projects, as required by SoCalGas.
60. Applicant shall inform SoCalGas of all pre-construction meetings, construction schedules, and project phasing updates.
61. If required, requests to relocate SoCalGas facilities shall be submitted in writing to SoCalGas and include a signed “Notice to Owner” on company letterhead, project name, number, and responsible title, project address, location, anticipated start date, parameters, and full scope of work, a Thomas Guide page and/or Google Maps screenshot clearly highlighting the project area, and requestor company’s contact name, title, phone number, email address, and any additional relevant information at the discretion of SoCalGas.
62. The Applicant should consult with Valley Sanitary District staff and discuss proposed sewer main connections and requirements prior to design.
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63. Generally, the sewer main lateral and connection the the District’s sewer main are normally considered private and owned by the Owners(s) of the property. The Owner(s) are responsible for the maintenance and repair of this sewer main lateral.
64. The proposed project will comply with all Valley Sanitary District and other agency standards and requirements.
65. Improvements in the public right of way will require bonding by the Owner/Developer and installation by a licensed underground contractor.
66. The proposed project is subject to the local effluent requirements of Valley Sanitary District’s Resolution 2022-1170; local discharge limits, and conformance with the Valley Sanitary District Sewer Use and Construction Ordinance 2022-121
67. Flood protection measures for local drainage shall comply with California Drainage Law and provide that stormwater flows are received onto and discharged from this property in a manner that is reasonably compatible with predevelopment conditions.
68. The initiation of domestic water service will be subject to the satisfaction of terms and conditions established by the Coachella Valley Water District and imposed from time to time, including but not limited to fees and charges, water conservation measures, and any other term deemed necessary by the Coachella Valley Water District.
69. The Coachella Valley Water District may require additional facilities of its domestic water systems, including pipelines, wells, reservoirs, booster pumping stations, treatment plants, and other facilities. Such facilities may be required to be conveyed to the Coachella Valley Water District along with the land and/or easements on which the facilities are to be located. The terms and conditions for planning, design, installation, and conveyance of the property interests shall be determined by CVWD pursuant to its rules and regulations as said requirements may be revised from time to time. If required, any required improvements shall be shown on the parcel map as lots and/or easements and deeded to the Coachella Valley Water District for “CVWD public services” purposes.
70. Domestic water service remains at all times subject to changes in regulations adopted by CVWD’s Board of Directors including reductions in, or suspensions of, service.
71. The applicant shall maintain minimum utility separations required by the Coachella Valley Water District set forth in CVWD’s Development Design Manual.
It is the developer’s responsibility to confirm compliance with these requirements. Noncompliant alignments identified after entitlement may require
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 613 of 883 project redesign, map amendment, or additional acquisition at the developer’s expense.
72. If applicable, any entity producing more than 25-acre feet of water during any year from one or more wells must equip the well(s) with a water measuring device. A Coachella Valley Water District Water Production Metering Agreement is required to provide CVWD staff with the authority to regularly read and maintain such measuring device.
73. The design, construction, and operation of this development shall comply with the Sustainable Groundwater Management Act, Coachella Valley Water Management Plan, or other requirements deemed necessary by the Coachella Valley Water District to mitigate impacts on the Indio Subbasin.
74. All building-mounted signs located on the East and West elevations shall maintain a minimum clearance of twelve (12) inches from any roof line, or roof edge, as measured vertically from the highest point of the sign to the nearest roof line element. In addition, signs on the East elevation shall maintain a minimum clearance of twelve (12) inches from the aluminum canopy, and signs on the West elevation shall maintain a minimum clearance of twelve (12) inches from the electrical room.
Prior to Issuance of a Grading Permit:
Prior to issuance of a grading permit, the Applicant shall demonstrate full compliance with the following conditions of approval:
75. Applicant shall submit PM10 (Dust Control) implementation plans for City approval.
76. Applicant shall submit a project site-specific Water Quality Management Plan for City approval prior to the issuance of any grading permit.
77. Applicant shall submit for City approval the following items:
a. Precise Grading Plans – shall include the street address for each building footprint
b. Soils Report
c. Hydrology Report
78. Retaining walls shall be required at elevational differences greater than 12 inches between lots throughout the project and in relation to adjacent boundary properties (if applicable) unless otherwise approved by the City Engineer.
79. Applicant shall use Riverside County Flood Control District standards and submit local on-site and regional hydrology, hydraulic storm calculations for City review and approval.
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80. Applicant shall provide on-site storm water retention basin(s) or system(s) designed to the satisfaction of the City Engineer. Each retention basin shall include a sufficient number of underground vertical drywells, Maxwell Plus or equivalent, designed to eliminate standing water in the basin. The retention basin(s) or system(s) shall be sized to retain all post-development storm water runoff within the limits of the project based on a 100-year storm event of 24- hour duration and shall completely drain/percolate any storm event within 72 hours. All upstream runoff from adjacent properties that has historically been directed onto the proposed project may be considered to pass through the project with the exception of historical retention that occurred on-site. The retention basin shall be designed, per Standard Plan No. 310. with a maximum depth of 5 feet (with a one-foot minimum freeboard) and maximum side slopes of 3:1 and shall not be used for purposes other than for the collection of storm water, nuisance water and well blow-off water.
81. The design of the project lot pads, street improvements and the storm drainage improvements shall be design coordinated with all adjacent projects or properties to the satisfaction of the City Engineer.
82. All grading and pad elevations will be subject to approval of the Community Development Director and the City Engineer based on grading plans and additional information to be submitted during plan check.
Prior to Issuance of a Building Permit:
Prior to issuance of any building permit(s), the Applicant shall demonstrate full compliance with the following conditions of approval.
83. Prior to the issuance of a Building Permit the applicant shall provide Valley Sanitary District with both civil and architectural drawings of the building and site improvements for review and approval.
84. Valley Sanitary District will only issue sewer construction and connection permits after plan approval, the payment of all sewer related fees and the submittal of required documents that will be provided to the Owner/Developer at the time of plan approval.
During Construction:
Prior to issuance of any building permit(s), the Applicant shall demonstrate full compliance with the following conditions of approval.
85. Manholes and cleanouts located in paved areas shall be raised to grade and collars and/or traffic rated boxes provided per Valley Sanitary District standards.
Prior to Issuance of a Certificate of Occupancy:
Prior to issuance of a Certificate of Occupancy, the Applicant shall demonstrate full compliance with the following conditions of approval.
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86. Applicant shall:
a. Dispose of all concrete and asphalt removals from the proposed project to an approved recyclable site.
b. Applicant shall provide City of Indio Public Works Department with a copy of receipt showing tonnage for the disposal of recyclable concrete and asphalt.
c. Dispose of all material removals from the proposed project to an approved disposal site.
87. Applicant shall obtain an encroachment permit prior to starting any street improvements within public right-of-way.
88. Applicant shall dedicate the corner cutback right-of-way on the northwest corner
of the parcel.
89. Applicant shall construct sidewalk along the westerly property line between Highway 111 and the existing driveway. Additionally, applicant shall construct connecting sidewalk from Highway 111 to the proposed building.
90. The proposed project shall comply with Americans with Disabilities Act (ADA) requirements.
91. Street address shall be shown on Precise Grading Plans.
92. Applicant shall remove and replace any damaged or broken curb/gutter, sidewalk, and asphalt along the project property frontages.
93. All improvements shall comply with City standards, requirements, and policies. Applicant is required to construct all transition and missing links between existing and proposed improvements.
IID Conditions of Approval
94. The following conditions are imposed on behalf of IID, and they may be eliminated or amended by IID without the need for any further City approval. To be effective, any such elimination or amendment shall be in writing with a copy transmitted to the Public Works Director.
95. The project proponent will be required to provide and bear all costs associated with the acquisition of land, rights of way, easements, and infrastructure relocations and realignments deemed necessary to accommodate this project. Any street or road improvements imposed by the local governing authority shall also be at the project proponent’s cost.
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96. Public utility easements shall be dedicated over all private and public roads, and an additional ten (10) feet in width on both sides of the private and public roads shall be dedicated to IID for the construction, operation, and maintenance of its electrical infrastructure. IID reserves the right to require expansion of these easements based on the type of electric infrastructure to be installed.
97. Any new, relocated, modified or reconstructed IID facilities required for and by the project (which may include but is not limited to the dedication of real property for the purpose of siting an electrical utility substations to support the project, the cost of acquisition and dedication of rights of way and/or easements for the construction of electrical transmission and/or distribution lines and ancillary facilities associated with the conveyance of energy service) are to be included as part of the project's CEQA and/or NEPA documentation, environmental impact analysis and mitigation.
98. The applicant will be required to provide rights of way and easements for any proposed power line extensions and/or any other infrastructure needed to serve the project. In addition, the necessary access to allow for continued operation and maintenance of any IID facilities located on adjoining properties where no public access exists.
99. Substations and switchyards shall be located on property that will be transferred to IID in fee simple ownership with legal access. 100. Approved design plans (Conduit Plan) are to be included with a Tract Map review.
101. Mylar maps to be submitted for processing only upon IID review and design (conduit) plan approval.
SECTION 5.The City Clerk shall certify the passage of, approval, and adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 7th day of October 2026. _____________________________
ELAINE HOLMES
MAYOR
ATTEST:
CITY CLERK
___________________________
SABDI SANCHEZ, MMC
DIR. OF CITY CLERK SERVICES
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 617 of 883 RESOLUTION NO. 2147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, TO APPROVE THE PLANNING REVIEW DISCRETIONARY FOR THE 7BREW PROJECT (CASE FILE NO. PLAN-PRD-26-0027) CONSISTING OF A 910
SQUARE FOOT DRIVE-THROUGH RESTAURANT, INCLUDING CIRCULATION, PARKING, LANDSCAPING, AND SIGNAGE, SOUTH OF HIGHWAY 111 AND WEST OF JEFFERSON STREET (APN: 600-440-014), AND DETERMINING
THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO SECTION 15332 (CLASS 32 – IN-FILL DEVELOPMENT) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES.
WHEREAS, on September 21, 2022, the City Council conducted a duly noticed public hearing to consider the Highway 111 Corridor Specific Plan, reviewed the staff report, accepted and considered public testimony and approved Resolution No. 10326 adopting the Highway 111 Corridor Specific plan and repealing the Central Highway 111 Corridor Specific Plan and the Mixed Use Specific Plan-300 (MUSP-300); and, WHEREAS, on September 21, 2022, the City Council approved Resolution No. 10325 making a finding of consistency with the Program Final environmental Impact Report (PFEIR) for the General Plan 2040 certified by the City Council on September 18, 2019 for the adoption of the Highway 111 Corridor Specific Plan; and, WHEREAS, The Kaidence Group (“Applicant”), 5070 N. 40th Street, Suite 210, Phoenix, AZ 85018, submitted an application for a Pre-Application Conference on October 6, 2026; and
WHEREAS, City Staff conducted a Pre-Application Conference on October 23, 2026; and,
WHEREAS, The Applicant submitted an application for a Planning Review Discretionary (PLAN-PRD-26-0027) and Conditional Use Permit (PLAN-CUP-26-0011) for a drive through restaurant in the Mixed Use Corridor Zone on a parcel identified as Assessor's Parcel Number (APN) 600-020-021 located south of Highway 111 and west of Jefferson Street within the City of Indio; and,
WHEREAS, the proposed Planning Review Discretionary application consists of the development of an approximately 910 square foot drive-through coffee shop, including site deign, architecture, circulation, landscaping, parking, and a Master Sign Plan; and,
WHEREAS, the Project site is located south of Highway 111 and west of Jefferson Street in the City of Indio, Riverside County, California (APN: 600-020-021) (“Property”); and
Resolution Nos. 10614 and 10615 for Planning Commission recommendations ... Page 618 of 883 WHEREAS, the Project site is designated Mixed Use Neighborhood in the General Plan 2040, has a zoning designation of Mixed-Use Corridor (MUN) under the Highway 111 Corridor Specific Plan; and
WHEREAS, the Project is consistent with and intended to implement the vision of the Highway 111 Corridor Specific Plan and the City of Indio General Plan 2040 pertaining to land use patterns, densities, building and site design, and neighborhood compatibility; and
WHEREAS, The City of Indio, acting as Lead Agency, determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15332 (Class 32 – In-Fill Development), as it meets all conditions of the exemption; and
WHEREAS, in accordance with Government Code Section 65090, on August 7, 2026, City staff published a legal notice of public hearing in The Desert Sun, the newspaper of record, and mailed notices of public hearing on August 6, 2026, to all property owners within 500 feet of the boundaries of the proposed Project; and WHEREAS, on August 26, 2026, the Planning Commission held a duly noticed public hearing to consider the Planning Review application (Case File No. PLAN-PRD26-0027), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and WHEREAS, following the conclusion of the public hearing and discussion, the Planning Commission approved Resolution No. 2147, recommending conditional approval of the Planning Review application for the 7Brew Project (Case File No. PLANPRD-26-0027) by the City Council, subject to the conditions of approval stated herein and as documented in the meeting minutes of the August 26, 2026, Planning Commission meeting; and
WHEREAS, in accordance with Government Code Section 65090, on September 23, 2026, City staff published a legal notice of public hearing in The Desert Sun, the newspaper of record, and mailed notices of public hearing on September 21, 2026, to all property owners within 500 feet of the boundaries of the proposed Project; and WHEREAS, on October 7, 2026, the City Council held a duly noticed public hearing to consider the Planning Review Discretionary application (Case File No. PLANPRD-26-0027), during which evidence, both written and oral, including the staff report and supporting documents, was presented and considered; and WHEREAS, following the conclusion of the public hearing and discussion, the City Council approved this Resolution to conditionally approve the Planning Review Discretionary application for the 7Brew Project (Case File No. PLAN-PRD-26-0027) by the City Council, subject to the conditions of approval stated herein and as documented in the meeting minutes of the October 7, 2026, City Council meeting.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. Incorporation Of Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals of this Resolution are true and correct and are incorporated into this Resolution by reference and constitute a material part of this Resolution.
SECTION 2. Environmental Evaluation. Section 6.03.06 of the Unified Development Code states that all “projects” as defined by the California Environmental Quality Act (CEQA) shall be reviewed for compliance with, or exemption from, CEQA and its Guidelines. Environmental review for the proposed project was conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). The City of Indio, acting as Lead Agency, determined that the proposed Project is consistent with the applicable General Plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The site can be adequately served by all required utilities and public services. The Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332 – In-fill Development. Accordingly, no further environmental documentation is required.
SECTION 3. Planning Review Findings. Based upon the evidence presented at the hearing, including the staff report, the City Council hereby finds and determines the project complies with the necessary findings as required by the Highway 111 Corridor Specific Plan for Planning Case File No. PLAN-PRD-26-0027 as follows:
Pursuant to Indio Municipal Code Section 6.04.03, Planning Review, and subject to state law, the Planning Commission must make the following findings for design review approval:
I. General Plan Consistency
Consistency with General Plan policies and any applicable specific plan, project master plan or development agreement.
The City of Indio General Plan Update 2040, adopted on September 18, 2019, breaks up land uses into major classes. These classes are Neighborhoods, Centers, Districts, and Public and Institutional (Table 3-2: General Plan Types, City of Indio GPU 2040). The Project site is located in the Neighborhoods major class within the General Plan. The Neighborhoods major class has seven subcategories.
These subcategories are: Desert Estates (DE), Desert Estates Transition (DET),