Citrus Ranch City Approval Jan 17, 2007

INDIO CITY COUNCIL AGENDA REPORT
TO: FROM: DATE: SUBJECT APPLICATION: GLENN SOUTHARD, CITY MANAGER Stephen Copenhaver, Community Development Director January 17, 2007 SunCal Companies, an Environmental Assessment (EIR), General Plan Amendment, Change of Zone, Specific Plan, Pre-Annexation Development Agreement, Tentative Tract Map (Large Lot/37 Planning Areas), and Tentative Tract Map (457 Residential Units) for property located on the west side of Dillon Road, approximately three miles north of Interstate 10.
SUMMARY The project proponent has requested certification of the final Environmental Impact Report with Mitigation Monitoring Program based on an Environmental Assessment 0511-442; General Plan Amendment 05-11-74 to the City's General Plan Land Use element; Change of Zone 06-11-648 to pre-zone the site as Specific Plan (SP); Specific Plan 05-11-16 to establish the development standards for the development of the site; a Pre-Annexation Development Agreement 06-10-22 between the City of Indio and SunCal Companies; Tentative Tract Map 34485 (TM 06-10-447 Large Lot) to allow the subdivision into 37 planning areas, and Tentative Tract Map 35057 (TM 06-10-448) to allow the subdivision of 85.94 acres into 457 residential lots. STAFF RECOMMENDATION That the City Council: a. Certify the final Environmental Impact Report for Environmental Assessment 0511-442; adopting a Statement of Overriding Considerations and adopting a Mitigation Monitoring Program; and b. Approve General Plan Amendment 05-11-74, based on the findings and conditions of approval; and c. Approve Change of Zone 06-11-648, based on the findings and conditions of approval; and d. Approve Specific Plan 05-11-16, based on the findings and conditions of approval; and e. Approve Pre-Annexation Development Agreement 06-10-22, based on the findings and conditions of approval; and f, Approve the Tentative Tract Map 34485 (TM 06-10-447), based on the findings For City Council Agen
ITEM NO. 8
CITY COUNCIL - JANUARY 17, 2007 PAGE 2
and conditions of approval; and g. Approve the Tentative Tract Map 35057 (TM 06-10-448), based on the findings and conditions of approval. ENVIRONMENTAL ASSESSMENT Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City reviewed this project and determined that an Environmental Impact Report was required. As a result of this determination an EIR was prepared. The EIR determined that although the proposed project could result in significant impacts, most impacts could be mitigated to a less than significant level with exception to Air Quality and Mineral Resources, in which a statement of overriding considerations is necessary. SURROUNDING LAND USES The site is located in an area generally surrounded by vacant unimproved parcels. ANALYSIS General Plan Amendment 05-11-74 (To Allow Sphere of Influence Expansion) The Local Agency Formation Commission (LAFCO) requires under State law that before any City amends its SOI, the area under consideration must be pre-designated and adopted into the City General Plan. Amending the 501 would allow the City in the future to annex this area into the City's official boundary lines. The project site consists of approximately 1,183 acres. Currently, only about half of the site is designated with the City's General Plan land use designation of Open Space (OP). However, the other portion of the site is only covered under Riverside County Land Use Designations (See Exhibit). The suggested General Plan land use designation for the entire project site is Specific Plan (SP). This proposed designation allows for overall flexibility in design and composition that will blend several different land use types into a single project. The proposed City's General Plan land use designation for the subject site would require that development be subject to a SP and further require an applicant to prepare and file a Specific Plan for any proposed development on the project site. The SP is part of the land use approvals sought by the applicant. Change of Zone 06-11-648 (Pre-Zoning) Pursuant to the City's Zoning Ordinance and the Local Agency Formation Commission (LAFCO) requirements, the City must amend it's zoning Ordinance to pre-zone the area under consideration. The site is designated with numerous Riverside County Zoning designations (See Change of Zone Exhibit Attachment F). The suggested pre-zoning designation for the entire project site is Specific Plan (SP). Specific Plan 05-11-16 The applicant has prepared a Specific Plan (See Attachment F) in conformance with the
CITY COUNCIL - JANUARY 17, 2007 PAGE 3 City's General Plan. The SP limits the potential number of units to 3,075 on the 1,183 acre site. The SP provides a Land Use Master Plan, Open Space/Recreational Plan, Circulation Plan, Grading and Drainage Plan, Fire/Emergency Management Plan, Utilities Systems, Planning Area Standards, and Development Regulations (See Specific Plan Page 15 Table 3-1). The SP delineates 37 planning areas within the site. The plan includes a mixture of neighborhoods and recreational uses designed to create a fully integrated master planned community. The plan incorporates open space with various housing densities. Some of the most noteworthy amenities included within the project are the 186 acres of undisturbed open space, 3 acres of wilderness trails, 6.1 acres of community parks, 9.3 acres of neighborhood parks, 11.3 acres citrus grove paseos, 56.2 acres of recreation open space and playfields, and 233.1 acres golf course (18-hole). Other amenities include a 6 acre site for a club house, 5 acre site for a community center, 2 acre site for a fire station site, and a 5.4 acre site for a boutique hotel. The proposed amenities and open space proposed within the development far exceed the City's General Plan requirements. Of the 37 planning areas in the SP, 29 are proposed for residential uses. Based on the land use plan shown in the SP and the table below, only 576 acres out of the total 1183.5 acres are proposed for residential land uses. The proposed density ranges from 2.5 to 14 dwelling units per acre. As outlined in the SP, all residential planning areas are consistent with the City's General Plan (See Specific Plan Page 16 Table 3-2). Pre-Annexation Development Agreement 06-10-22 The Development Agreement addresses and resolves many of the terms and conditions under which the developer and the City will proceed with the development of the primarily residential development. A brief summary of the important terms of the DA are: The Development Agreement ("DA") has a term of 20 years; Allows for on site density transfers; Quimby fees are satisfied by improvements of on site parks, trails, and recreation facilities; Outlines the construction of various public improvements such as streets and water facilities. Tentative Tract Map 34485 (TM 06-10-447 Large Lot)
Pursuant to the Subdivision Map Act and City requirements, the applicant is seeking
approval to subdivide 1,183 acres into 37 planning areas to allow for the master planning of the project site. The subdivision application will allow the developer to coordinate, carefully plan, and implement each planning area consistent with the proposed SP. The proposed tentative tract map is consistent with the proposed specific plan; therefore the findings for approval can be made. Tentative Tract Map 35057 (TM 06-10-448) This TTM includes a total of 457 residential lots, with lettered lots for streets, park area, drainage, landscaping, sidewalks, public utility easements, common areas, retention,
and driveway access. The proposed project will take primary community access from Dillon Road and Avenue 40, with secondary access proposed off Dillon Road, at the southern most portion of the site. The primary community access will not be gated. However, a gate is proposed directly south of the round-a-bout adjacent to Planning Area 13. The southernmost secondary access is proposed to be gated as well. Circulation. The collector street or the spine road which traverses the entire project is proposed at 120 feet wide. Entry roads are proposed to be 150 feet wide. Interior streets are shown at 43 feet in width. Many of the proposed streets are curvilinear which will prevent vehicles from reaching excessive speeds or facilitate "race-ways". The proposed circulation system for the project conforms to the City's standard. Map Design: The TTM proposes to subdivide 457 lots on 85.94 acres. The lots range in size from 5,000 to 10,500 square feet. The project will have a density of 5.31 dwelling units to the acre. The proposed subdivision is located within Planning Area 6, Low Density Residential and Planning Areas 4, 5, 7, 8, and 9 are located within Medium Density Residential. All proposed lots within the proposed TTM are consistent with the proposed SP with respect to lot size, density, and development requirements. PLANNING COMMISSION RECOMMENDATION At the December 13, 2006 meeting, the Planning Commission, on a 4-1 vote, considered the Environmental Impact Report, pursuant to the environmental review guidelines of the California Environmental Quality Act and found that environmental impacts were adequately examined in the Environmental Assessment 05-11-442. The Commission recommended approval of General Plan Amendment 05-11-74, recommended approval of Change of Zone 06-11-648, recommended approval of Specific Plan 05-11-16, recommended approval of Development Agreement 06-7-21, recommended approval of Tentative Parcel Map 34485 (TM 06-10-447 Large Lot), and recommended approval of Tentative Parcel Map 35057 (TM 06-10-448). Chairperson Reed voted no on the proposed project because she felt the project lacked commercial and retail opportunities for residents within the proposed development. She further stated that residents within the proposed development would have to travel more seven miles to the nearest grocery store for bread or milk. Chairperson Reed indicated that the proposed Specific Plan should be redesigned to incorporate a commercial component as part of the planning. COMMENTS RECEIVED As of this writing, no comments or requests have been received from the public regarding the proposed project. However, comments were received regarding the DEIR, pursuant to CEQA, all comments have been addressed and responded to in the Final EIR (FEIR).
PUBLIC NOTICE PROCESS A 10-day public hearing notice was published in the Desert Sun newspaper on December 23, 2006. In addition, the public hearing notice was mailed to surrounding property owners within 300 feet of the subject property on December 20, 2006. ALTERNATIVES
1. Deny the Project. 2 Refer the project to the Planning Commission for redesign.
Submitted by:
Prepa d Y:
Sean Community Development Director
re, Senior Planner
ATTACHMENTS Exhibit- A. Vicinity Map Exhibit- B. Resolutions, Ordinances, and Findings Exhibit- C. December 13, 2006 Planning Commission Staff Report (without attachments) Exhibit., D. December 13, 2006 Planning Commission Draft Minutes Exhibit- E. EIR, Specific Plan, Pre-Annexation Development Agreement, Sphere of Influence Exhibits, General Plan Exhibit, Zone Change Exhibit, and Tentative Tract Maps
EXHIBIT A
Vicinity Map
-Mg -meirahs.
Project Area
10
Vicinity Map
EXHIBIT B
Resolutions, Ordinances, and Findings
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE CITRUS RANCH PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, the Citrus Ranch Project entails a General Plan Amendment, Change of Zone, Specific Plan, Development Agreement and Tentative Tract Maps to facilitate (1) the annexation of approximately 1,183 acres (the "CRSP Site") into the City for the development of the Citrus Ranch master planned community, consisting of up to 3,075 dwelling units (single-family and multi-family housing types), a golf course, a clubhouse, trails, a community center, a boutique hotel, parks, open space, and related infrastructure and other public facilities, including three above-ground off-site water reservoirs; and (2) the annexation of approximately 376 acres immediately south of the CRSP Site; and, WHEREAS, the Citrus Ranch Specific Plan ("CRSP") will govern the Project's land use and development components, including the type and density of allowable land use, design standards. architecture, landscaping, circulation, infrastructure, and other planning and design components; and, WHEREAS, pursuant to the California Environmental Quality Act (Pub. Res. Code, 21000 et seq.) ("CEQA") and the State CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) the City of Indio ("City") is the lead agency for the Project; and, WHEREAS, in compliance with CEQA, the City determined that an Environmental Impact Report ("EIR") was required to analyze the potential environmental effects of the Project; and, WHEREAS, the City issued a Notice of Preparation ("NOP") of the Draft EIR for the Project on November 23, 2005 for a period of 30 days and a revised NOP that described changes to the Project on March 29, 2006 for a period of 30 days pursuant to State CEQA Guidelines sections 15082(a), 15103 and 15375; and, WHEREAS, pursuant to State CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies; and, WHEREAS, the City completed the Draft EIR for the Project and released the document for a 45 day public review and comment period commencing on October 2, 2006 and ending on November 15, 2006 in accordance with the requirements of Public Resources Code section 21092. The City sent copies of the Draft EIR to numerous public agencies, organizations and individuals; and, WHEREAS, during the 45-day comment period, the City received various comment letters an the Draft EIR from public agencies and others interested parties; and,
WHEREAS, after the conclusion of the 45-day comment period, City Staff prepared a Final FIR, which consists of the Draft EIR, verbatim copies of the comment letters received on the Draft EIR, the City's response to the comments, and other pertinent information. (hereinafter referred to as the "Final EIR") for review and consideration by the City's decision-making bodies on the Project; and, WHEREAS, the Planning Commission, at its regularly scheduled public meeting on December 13, 2006, considered the Final EIR and recommended that the City Council approve General Plan Amendment #05-11-74, Change of Zone #06-11-648, Specific Plan #05-11-16, Development Agreement #06-10-22, Tentative Tract Map #34485 [subdivision of 1,183 acres into 37 planning areas] and Tentative Tract Map #35057 [subdivision of 85.94 acres into 457 residential lots] (collectively "Land Use Entitlements") for the Project; and, WHEREAS, the City Council, at a noticed public meeting on January 17, 2007, considered certification of the Final EIR and approval of the Land Use Entitlements for the Project; and, WHEREAS, prior to approving the Land Use Entitlements for the Project, the City Council reviewed and considered the Final EIR and all of the information and data in the administrative record, including, all oral and written comments and evidence presented to the City and certified the Final EIR; and, WHEREAS, none of the oral or written comments presented to the City Council constitutes significant new information requiring recirculation of the Final EIR pursuant to section 15088.5 of the CEQA Guidelines; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF INDIO AS FOLLOWS: Section1. The City Council hereby certifies that the Final EIR, which includes the Draft EIR and related technical appendices, has been completed in compliance with CEQA. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prior to approval of the Project and that the Final EIR reflects the City's independent judgment and analysis. Section 3. The City Council finds that feasible changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen certain significant environmental effects of the Project. Section 4. The City Council adopts the Findings of Fact attached hereto as Exhibit A and incorporated herein by reference.
Section 5 The City Council further adopts the Statement of Overriding Considerations attached hereto as Exhibit B and incorporated herein by reference finding that the benefits of the Project outweigh (1) the significant and unavoidable direct and cumulative air quality and mineral resources impacts of the Project and (2) the significant and unavoidable cumulative agricultural resources, water consumption, and population impacts of the Project. Section 6. The City Council finds that the recommended mitigation measures contained in the in the EIR shall be implemented and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C to ensure that all mitigation measures will be implemented. PASSED, APPROVED, and ADOPTED this vote, to wit: AYES: NOES: ABSENT: day of January, 2007, by the following
BEN GODFREY Mayor ATTEST:
CYNTHIA HERNANDEZ City Clerk
EXHIBIT A FINDINGS OF FACT
EXHIBIT A CEQA FINDINGS OF FACT

I. INTRODUCTION AND PURPOSE
The City Council of the City of Indio ("Council") as the decision-making body of the Lead Agency for the Citrus Ranch Specific Plan project ("Project") hereby adopts and makes the following findings of fact ("Findings") in connection with its certification of the Final Environmental Impact Report ("FEIR") for the Project. The FEIR is a Project EIR, as defined by Guideline 15161 of the State Guidelines for the California Environmental Quality Act ("CEQA Guidelines"), and serves as an informational document for the general public, the City and other government agencies. The Council makes these Findings after reviewing and analyzing the environmental effects examined in the FEIR. These Findings are adopted in compliance with the California Environmental Quality Act, California Public Resources Code 21000 et seq. ("CEQA"). The FEIR identifies certain significant effects which may occur as a result of the proposed Project, or which may occur on a cumulative basis in conjunction with the development of the Project and other past, present or reasonably foreseeable future projects. In addition to reviewing the Project's potential environmental impacts, these Findings also provide the Council's analysis and conclusions regarding the applicability of possible alternatives and mitigation measures to reduce any significant environmental effects. II. THE ADMINISTRATIVE RECORD A. Contents of the Record
The following information is incorporated by reference and made part of the record of proceedings to support the Council's findings of fact regarding the environmental effects of the Project: 1. The Draft Environmental Impact Report (DEIR) and related technical appendices, all other documents relied upon or incorporated by reference into the DEIR, the FEIR and all documents relied upon or incorporated by reference in the FEIR and Mitigation, Monitoring and Reporting Program (collectively the "EIR"). All testimony, documentary evidence and all correspondence submitted to or delivered to the City in connection with the meetings and public hearings at which City decision-making bodies considered the EIR. All staff reports, memoranda, maps, slides, letters, minutes of meetings and other documents that City staff and/or its consultants relied upon or prepared in conjunction with the Project. 4. Any other documents specified by Public Resources Code section 21167.6(e).
2.

B. Location of Administrative Record
The City is the custodian of the administrative record, including all CEQA documents and the other background documents and materials, which constitute the record of the proceedings upon which the City's decisions to certify the Final EIR and approve the Project are based. The administrative record is located at the City of Indio City Hall, Community Development Services Department, 100 Civic Center Mall, Indio, California 92201. III. PURPOSE OF FINDINGS
The Final FIR evaluates the significant adverse environmental impacts that could result from the Project. Public Resources Code section 21081 and CEQA Guideline 15091 requires that the public agency approving or carrying out the project shall make written findings for each significant impact identified in the SEIR, accompanied by a brief explanation of the rationale for each finding. These findings include one of the following: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as defined in the EIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
2.
3.
These findings accomplish the following: 1. 2. 3. They address the significant environmental effects identified in the SEIR for the approved project. They incorporate all mitigation measures associated with these significant impacts identified in the EIR. They explain whether a significant effect is avoided or reduced by the adopted mitigation measures to a less than significant level, or remain significant and unavoidable, either because there are no feasible mitigation measures or because, even with implementation of mitigation measures, an impact would remain significant.
The conclusions presented in these findings are based on the EIR and other evidence in the record of proceedings. 2

IV. THE CITRUS RANCH SPECIFIC PLAN PROJECT A. Project Description
The Citrus Ranch Specific Plan Project ("Project") proposes the annexation of approximately 1,183 acres (the "CRSP Site") into the City for the development of the Citrus Ranch master planned community, consisting of up to 3,075 dwelling units (single-family and multi-family housing types), a golf course, a clubhouse, trails, a community center, a boutique hotel, parks open space, and related infrastructure and other public facilities. The Project also includes three above-ground off-site water reservoirs. The Citrus Ranch Specific Plan ("CRSP") will govern the Project's land use and development components, including the type and density of allowable land use, design standards, architecture, landscaping, circulation, infrastructure, and other planning and design components. Additionally, approximately 376 acres immediately south of the CRSP Site (the "Southern Annexation Area" or "SAA") would also be annexed into the City. The SAA is included in the annexation in order to create a contiguous boundary. With the exception of a citrus grove that occupies about one-third of the CRSP Site, the remainder of the project site, including all of the SAA immediately south of the CRSP Site, is currently vacant and undeveloped. The project site is located in unincorporated Riverside County in a subvalley of the Coachella Valley that trends in a general northwest-southeast direction between the Indio Hills on the west and the Little San Bernardino Mountains on the east. The southern area of the site is within the City of Indio's Sphere of Influence ("SOO. The project site is located north of the future extension of Avenue 42 and west of Dillon Road. Current Riverside County land use designations for the CRSP Site are as follows: Estate Residential (EDR) - 207.9 acres; Light Industrial (LI) - 102.2 acres; Open Space - Conservation (OS-C) - 680 acres; and Open Space - Recreation (OS-R) - 193.4 acres. The County's land use designations for the SAA Site are: Estate Residential (EDR) - 12.5 acres; Open Space - Conservation (OS-C) - 60.1 acres; Open Space Recreation (OS-R) - 17.4 acres; and Open Space - Water (OS-W) - 286 acres. B. Requested Approvals
The Project consists of several related actions, each requiring the following discretionary approvals by either the City of Indio decision-making bodies or the Riverside County Local Area Formation Commission ("LAFCO"): A Sphere of Influence Amendment ("SOIA") for the northern portion of the Site not currently in the City's SOI (approving authority will be LAFCO); Pre-zoning and zoning of the entire annexation area by the City (approving authority will be the City); 3

The annexation of the CRSP area and SAA into the City of Indio from unincorporated Riverside County (approving authority will be LAFCO); A General Plan Amendment to include the CRSP (approving authority will be the City); Approval of the CRSP (approving authority will be the City); A development agreement between the project applicant and the City that will provide the applicant with vested development rights in exchange for the construction of required infrastructure improvements by the developer, the payment of applicable fees, or some other arrangement (approving authority will be the City); Subsequent approval of a Large Lot Tentative Tract Map (approving authority will be the City); and Subsequent approval of a small lot tentative tract map for the first phase of the project (approving authority will be the City). C. Project Objectives
The following objectives were identified relative to the annexation into the City: To annex areas to the City of Indio in a geographically congruous manner. To modify the boundaries of the City's Sphere of Influence. To facilitate future development in the City's Sphere of Influence. To forward the objectives identified in the City's General Plan.
The proposed Project has the following objectives relative to the CRSP: To provide a high-quality, mixed-density residential development within a system of parks, open space, a golf course, and trails north of the City of Indio. To implement the provisions of and be consistent with the approved Development Agreement for the Project Site, in a feasible and viable manner, taking into account, among other factors, the need to generate enough value to support bonding programs used to finance major infrastructure and other public facilities and allow for the large-scale protection of open space on the Site. THE EIR PROCESS
V.
In accordance with the requirements of the California Environmental Quality Act ("CEQA"), the City circulated a Notice of Preparation ("NOP") for the proposed Project on November 23, 2005. Following substantial revisions to the Project, the City recirculated a revised NOP on March 29, 2006, to reflect the changes in the project

description. The purpose of the NOP was to solicit comments on the proposed content of the EIR. On April 25, 2006, the City held a scoping meeting to elicit further comments from governmental agencies and interested parties regarding the scope and content of environmental issues germane to the EIR. All NOP responses relating to the EIR were reviewed and the issues raised in those comments were addressed, to the extent feasible, in the DEIR. Both NOPs and letters received during the NOP comment period are included in Appendix A of the DEIR. On September 29, 2006, the City prepared and distributed the Notice of Availability of the DEIR to all interested agencies, parties, organizations and persons. The DEIR was circulated for a 45-day review period, between October 2, 2006 and November 15, 2006. The City received eight letters from agencies, organizations, and individual parties commenting on the DEIR. The written comments are included in the FEIR in Section 3 [Response to Comments]. VI. THE COUNCIL'S CERTIFICATION OF THE FEIR
Pursuant to section 21082.1(c) of the Public Resources Code, the Council hereby FINDS and CERTIFIES that: The FEIR has been completed in compliance with CEQA. 2. The FEIR has been presented to the Council, and the Council has independently reviewed and analyzed the information contained in the FEIR prior to acting on the Project. The FEIR reflects the City's independent judgment and analysis.
3.
VII. EFFECT OF FINDINGS To the extent that these Findings conclude that various proposed mitigation measures outlined in the FEIR are feasible and have not been modified, superseded, or withdrawn, the Council hereby adopts these measures. The mitigation measures are express conditions of approval of the Project. The Council will adopt concurrently with these Findings the Mitigation Monitoring and Reporting Program ("MMRP") attached to the FEIR to ensure that the responsible party actually implements the mitigation measures. The MMRP developed for the Project includes applicable mitigation measures from the FEIR and new measures that the City developed in conjunction with the EIR process. To the extent that any discrepancies exist between the MMRP and these Findings, the provisions in these Findings shall control.

VIII. POTENTIAL ENVIRONMENTAL IMPACTS ANALYZED IN THE EIR These Findings address the potentially significant environmental effects examined in the FEIR. The FEIR analyzed the environmental impacts at a project-specific level and on a "cumulative- impact basis. A cumulative impact is defined by CEQA Guidelines 15130 and 15355 as an impact which is created as a result of the combination of impacts of the project evaluated in the EIR and closely related past, present and reasonably foreseeable probable future impacts (commonly known as "related projects"). The FEIR identified 15 related projects in the relevant geographic area. The inclusion of those 15 related projects in the cumulative impact analysis resulted in a conservative analysis since it is not likely that all of those projects will be developed. A. Summary of Impact Analysis
The EIR analyzes all potentially significant impacts of the Project for the environmental topics identified during the public scoping process, including responses to the NOP, a public scoping meeting, and consultation with interested agencies and individuals. In summary, the Council finds that the following environmental impacts are less than significant on a project-specific basis in light of the EIR and the whole record before it, including the imposition of appropriate mitigation measures: (1) aesthetics, (2) agricultural resources, (3) biological resources, (4) cultural resources, (5) geology and soils, (6) hazardous materials, (7) hydrology and water quality, (8) land use and planning, (9) noise, (10) population and housing, (11) public services, (12) recreation, (13) traffic and circulation, and (14) utilities. The Council has incorporated the referenced mitigation measures into the Project pursuant to its concurrent adoption of the Mitigation Monitoring and Reporting Program. The following environmental impacts were determined to be significant and unavoidable on both a project-specific and cumulative basis even after the imposition of all feasible mitigation measures: (1) air quality and (2) mineral resources. In addition, the following impacts are significant and unavoidable on a cumulative basis, but not on a projectspecific basis: (1) agricultural resources, (2) water consumption, and (3) population. In addition, the EIR analyzed growth inducing, unavoidable adverse and irreversible impacts, and consistency with Southern California Association of Governments ("SCAG") policies. The EIR also evaluated several project alternatives, pursuant to CEQA Guideline 15126.6.

IX. FINDINGS ON IMPACTS ANALYZED IN THE EIR A. 1. Aesthetics
Potential Impacts
The Project may cause a significant impact on aesthetics if it would: a) b) c) d) 2 have a substantial adverse effect on a scenic vista; substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway; substantially degrade the existing visual character or quality of the site and its surroundings; or create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.
Findings
The Project will not have a significant impact to aesthetics. Accordingly, the Council finds that no mitigation measures are required with respect to aesthetics. 3. Supportive Rationale
The DEIR analyzes potential impacts on aesthetics and visual resources in Section 3.1. These impacts are determined to be less-than-significant for the reasons below. a) The Project will not have a significant impact on the identified scenic vista of the Indio Hills, or substantially degrade the existing visual character or quality of the Site. The area of on-site grading would be on a lower portion of two low-lying hills that are not prominent characteristics of the Indio Hills. In addition, the summits and ridgelines of the hills to be graded only rise approximately 100 feet above their base, in contrast to the portions of the hills that rise more than 600 feet above their base. The modification will also be limited to the extreme lower elevations of the Indio Hills, and will not be readily noticeable from the City of Indio or Dillon Road. Dillon Road has not been designated as a state scenic highway. There will be no significant impact due to the introduction of light and glare by the Project because structures and lighting would only rise approximately 50 to 75 feet above the base of a low-lying area of the Indio Hills, and would not be highly noticeable from a distance.
b) c)

dl The Project will be consistent with the City's hillside development policy, Policy CD-1.14 of the City's zoning code, because of the small scale of grading required, which will not be prominent when viewed from a distance. Agricultural Resources
B. 1.
Potential Impacts
The Project would have a significant impact on agricultural resources if it would: a) convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use; conflict with existing zoning for agricultural use, or a Williamson Act contract; or c) involve other changes in the existing environment which, due to their location or nature, would result in conversion of farmland to nonagricultural uses.
2.
Findings
The Project will not have a significant impact on agricultural resources. Accordingly, the Council finds that no mitigation measures are required with respect to agricultural resources. 3 Supportive Rationale
Potential impacts to agricultural resources are evaluated in DEIR Section 3.2. These impacts are determined to be less-than-significant for these reasons: a) As reflected in Appendix B of the DEIR, the impact of converting farmland to non-agricultural use at the Project Site was assessed in accordance with the California Agricultural Land Evaluation and Site Assessment ("LESA") Model developed by the California Department of Conservation. The final LESA score for the proposed Project is 46.59, which is in the range (40 to 59 points) considered significant only if the LE and SA subscores are both at least 20 points. Because the LE sub-score was 19.59 points, these LESA scores indicate no significant impact on agricultural resources. The Project is consistent with Goal AR-2 of the City's General Plan because it would not remove from agricultural production an area where soils have been classified as Prime Agricultural Soils or State Agricultural Soils. 8
b)

C. 1. Air Quality Construction
Potential Impacts
The construction of the Project may cause a significant and unavoidable air quality impact if it would: a) b) c) conflict with or obstruct implementation of the applicable air quality plan; violate any air quality standard or contribute substantially to an existing or protected air quality violation; result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable national or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors); expose sensitive receptors to substantial pollutant concentrations; or people; or create objectionable odors affecting a substantial number of people.
d) e) 2.
Findings
The construction of the Project will create a significant and unavoidable air quality impact on a project-specific basis. The Council makes the following findings for these impacts: a) All feasible measures, changes and alterations have been required in, or Incorporated into, the Project, which will lessen such significant environmental effects. For the reasons set forth below in the Statement of Overriding Considerations, adopted concurrently by the Council, the Council finds that the significant impact identified in this section IX(C) is acceptable in light of the Project's overall benefits. Although the following mitigation measures aimed at reducing these significant and unavoidable air quality impacts during Project construction have been adopted, these mitigation measures will not reduce the significant impact to a level of insignificance. 3-1 During all phases of construction, all equipment shall be properly and routinely maintained, as recommended by manufacturer manuals. This measure shall be implemented to the satisfaction of the Community Development Director.
b)
c)

During all phases of construction, all contractors shall restrict idling 3-2 time to five minutes or less in any given hour. This measure shall be implemented to the satisfaction of the Community Development Director. Where feasible, alternative clean fuels such as compressed natural 3-3 gas-powered equipment with oxidation catalysts shall be used instead of gasoline or diesel-powered engines. However, where diesel equipment has to be used because of a lack of alternatives, the construction contractor shall use particulate filters, oxidation catalysts, and low sulfur diesel as defined in South Coast Air Quality Management District rSCAQMD") Rule 431.2. This measure shall be implemented to the satisfaction of the Community Development Director. Where feasible, aqueous or emulsified diesel fuel shall be used for 3-4 all construction equipment. This measure shall be implemented to the satisfaction of the Community Development Director. During construction of Phases 2 and 3, temporary power from the 3-5 power grid shall be provided onsite for electric tools such as saws, drills, and compressors, thereby decreasing the need for fuel-powered generators and other fuel-powered equipment. This measure shall be implemented to the satisfaction of the Community Development Director. Zero-VOC paints (assumes no more than 100 grams/liter of volatile 3-6 organic chemicals ("VOC")) shall be used where feasible. This measure shall be implemented to the satisfaction of the Community Development Director. 3. Supportive Rationale
Section 3.3 of the DEIR analyzes air quality impacts during construction of the Project. The analysis relies on the reports in Appendix C of the DEIR, including (1) the Citrus Ranch Specific Plan Air Quality Impact Analysis (Revised) by Urban Crossroads, dated April 28, 2006; (2) the Additional Air Quality Model Output by Michael Brandman Associates, dated May 2006; and (3) the Peer-Review of Air Quality Impact Analysis, CRSP, by Michael Brandman Associates, dated January 25, 2006. The Project is not expected to expose sensitive receptors to substantial pollutant concentrations during construction. Further, based on the land uses selected for the Project, and rapid dispersion of any diesel exhaust odors, construction of the Project is not expected to create objectionable odors affecting a substantial number of people. The Project is consistent with the City's General Plan because it complies with applicable air quality policies due to proposed mitigation measures and project design features. In addition, the Project will comply with all City ordinances relating to air quality. However, air quality impacts during Project construction cannot be mitigated to a lessthan-significant level for the reasons set forth below. 10

The DEIR estimated air quality impacts during construction by using the California Air Resources Board's ("CARB") URBEMIS2002 (version 8.7.0) emissions inventory model. These estimated emission levels were compared against regional and localized significance thresholds adopted by the SCAQMD. Construction of the Project will not be consistent with the 2003 Air Quality Management Plan ("AQMP"), the applicable air quality plan, because construction activities could emit pollutants in excess of SCAQMD's regional thresholds for VOCs, nitrous oxides ("NOx"), carbon monoxide ("CO") and particulate matter of ten microns or less in diameter ("PM10"), and localized thresholds for NOx and PM10. The region is in nonattainment status under the applicable state and/or national standards for ozone, PM10 and PM2.5. b) Even though the Project complies with applicable control measures in the AQMP and SCAQMD rules, construction activities could violate the SCAQMD's air quality standards by contributing to an air quality violation. Air Quality - Operation
D. 1.
Potential Impacts
The operation of the Project may cause a significant and unavoidable air quality impact if it would: a) b) conflict with or obstruct implementation of the applicable air quality plan; violate any air quality standard or contribute substantially to an existing or protected air quality violation; result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable national or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors); expose sensitive receptors to substantial pollutant concentrations; or create objectionable odors affecting a substantial number of people.
c)
d) e) 2.
Findings
The operation of the Project will create a significant and unavoidable air quality impact on a project-specific basis. The Council makes the following findings for these impacts: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. 11

b) For the reasons set forth below in the Statement of Overriding Considerations, adopted concurrently by the Council, the Council finds that the significant impact identified in this section IX (D) is acceptable in light of the Project's overall benefits. Although the following mitigation measures aimed at reducing these significant and unavoidable air quality impacts during Project operations have been adopted, these mitigation measures will not reduce the significant impact to a level of insignificance. Prior to the issuance of a building permit, plans to incorporate the 3-7 following mitigation measures shall be implemented in accordance with the Community Development Director. Homes shall be built in a manner that meets or exceeds the statewide energy construction requirements to at least Title 24 standards and shall include the following: Install efficient heating and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces and boiler units to at least Title 24 requirements; Insulation shall meet or exceed Title 24 requirements; Double-paned windows and energy efficient doors shall be installed;
Install electrical outlets on the exterior walls of both the front and back of residences to promote the use of electric landscape maintenance equipment; When feasible, design buildings with proper orientation, fenestration, and other design components that maximize the potential of passive cooling and heating to the maximum extent possible.
To discourage the burning of wood in fireplaces, gas-burning 3-8 fireplaces shall be installed where builders are including fireplaces in their projects. This measure shall be implemented to the satisfaction of the Community Development Director. To reduce road dust, a street sweeper shall clean the streets a 3-9 minimum of once every month or more frequently as needed. This measure shall be implemented to the satisfaction of the Community Development Director. 3-10 During the sale of the residences, electric solar panels and solarpowered water heaters shall be presented to the home-buyers as an option. This measure shall be implemented to the satisfaction of the Community Development Director.
12

3. Supportive Rationale
Section 3.3 of the DEIR analyzes air quality impacts during operation of the Project. The analysis relies on the reports in Appendix C of the DEIR, including (1) the Citrus Ranch Specific Plan Air Quality Impact Analysis (Revised) by Urban Crossroads, dated April 28, 2006; (2) the Additional Air Quality Model Output by Michael Brandman Associates, dated May 2006; and (3) the Peer-Review of Air Quality Impact Analysis, CRSP, by Michael Brandman Associates, dated January 25, 2006. Based on the land uses selected for the Project, the Project is not expected to create objectionable odors affecting a substantial number of people. The Project is consistent with the City's General Plan because it complies with applicable air quality policies due to proposed mitigation measures and project design features. Further, the Project will comply with all City ordinances relating to air quality. However, air quality impacts during Project operation cannot be mitigated to a lessthan-significant level for the reasons set forth below. a) The DEIR estimated air quality impacts during operation by using CARB's URBEMIS2002 (version 8.7.0) emissions inventory model. These estimated emission levels were compared against regional and localized significance thresholds adopted by SCAQMD. Consistent with California Department of Transportation and SCAQMD protocols, the CALINE4 traffic pollutant dispersion model was used to project CO concentrations for hotspot analysis. Operation of the Project will not be consistent with the 2003 AQMP because site activities could emit pollutants in excess of the SCAQMD's regional thresholds for VOCs, NOx, CO and PM10. The region is in nonattainment status under the applicable state and/or national standards for ozone, PM10 and PM2.5. The Project could violate the SCAQMD's air quality standards by contributing to an air quality violation even though the Project complies with applicable control measures in the AQMP and SCAQMD rules. The Project could potentially expose sensitive receptors to substantial concentrations of PM10 and/or ozone from the cumulative impact of local and project sources. Biological Resources
b)
E. 1.
Potential Impacts
The Project would have a significant impact on biological resources if it would: a) have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or 13

by the California Department of Fish and Game ("CDFG") or United States Fish and Wildlife Service ("USFWS"); b) have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFG or USFWS; have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means; interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native, resident, or migratory wildlife corridors or impede the use of native wildlife nursery sites; conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; and f) conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
c)
d)
2.
Findings
The Project will impact biological resources on a project-specific basis. The Council makes the following findings for these impacts: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. With implementation of the following mitigation measures, the Project's impacts to biological resources are less than significant. 4-1 Prior to the issuance of grading permits, the project applicant shall comply with the terms set forth in the Memorandum of Understanding ("MOU") with respect to measures designed to protect or preserve biological resources, irrespective of whether the Coachella Valley MultiSpecies Habitat Conservation Plan ("CVMSHCP") is fully adopted. In the event that the CVMSHCP is not fully adopted, the project applicant shall pay the Fringe-toed lizard habitat assessment fee applicable to the project, if any. This measure shall be implemented to the satisfaction of the Community Development Director.
b)
14

4-2 If grading is to begin during the breeding season, a radius of 50 meters (approximately 165 feet) will be marked around all active burrowing owl burrows, and no grading activities or other disturbances will take place within this 50-meter radius. All active burrows will be monitored by a qualified biologist until the breeding season is over and any young occupying the burrow have fledged and become independent. Subsequently, mitigation will proceed as outlined in Mitigation Measure 43 for the non-breeding season. This measure shall be implemented to the satisfaction of the Community Development Director. 4-3 During the non-breeding season, burrowing owls within all occupied burrows will be passively excluded from occupied burrows by a qualified biologist using one-way doors. Once the owls have been evicted, burrows will be collapsed to prevent reoccupation. This measure shall be implemented to the satisfaction of the City Community Development Director 4-4 To prevent potential impacts to nesting birds, the removal of vegetation or other potential nesting habitat should take place, to the extent feasible, outside of nesting season (generally February 15 to August 15). Where this is not feasible, a survey for nesting birds will be conducted no more than seven days prior to the commencement of any ground or vegetation disturbing activities. All active bird nests will be mapped and marked with a 200-foot avoidance perimeter. Ground or vegetation disturbing activities will be postponed until a qualified biologist has determined that the nests are no longer active. This measure shall be implemented to the satisfaction of the Community Development Director. 4-5 To avoid permanent adverse impacts to the 5.4-acre mesquite hummock area on the project site, a similarly sized mesquite hummock will be created within the project's preserved open space. A draft revegetation plan in compliance with the MOU will be produced and submitted to the Coachella Valley Conservation Commission ("CVCC") prior to the issuance of grading permits. The draft plan will consider and incorporate where appropriate the criteria for this restoration/enhancement/ revegetation effort provided in Exhibit "S" of the MOU documents, which are included as part of the technical appendices of the DEIR. The plan shall not require the City or project applicant to provide funds for long-term management of the area, but shall provide mechanisms whereby permanent management, maintenance, monitoring, and funding will occur by means of Codes, Covenants and Restrictions, a Homeowner's Association, or other applicable arrangement. This measure will be implemented to the satisfaction of the Community Development Director. and shall be contingent upon prior approval of the revegetation plan by the CVCC. 4-6 To reduce impacts to stabilized and partially stabilized desert sand fields to below a level of significance, the developer or its designee shall 15

restore, revegetated, and /or enhance approximately 29 acres of stabilized and partially stabilized desert sand fields within the project site. A draft revegetation plan in compliance with the MOU will be produced and submitted to the CVCC prior to the issuance of grading permits. The draft plan will consider and incorporate where appropriate the criteria for this restoration/ enhancement/revegetation effort provided in Exhibit "S" of the MOU documents, which are included as part of the technical appendices of the DEIR. The plan shall not require the City or project applicant to provide funds for long-term management of the area, but shall provide mechanisms whereby permanent management, maintenance, monitoring, and funding will occur by means of Codes, Covenants and Restrictions, a Homeowner's Association, or other applicable arrangement. This measure will be implemented to the satisfaction of the Community Development Director, and shall be contingent upon prior approval of the revegetation plan by the CVCC. 3. Supportive Rationale
Potential impacts to biological resources are discussed in Section 3.4 of the DEIR, which relies on reports in Appendix D. For the reasons set forth below, the identified impacts can be mitigated to a less-than-significant level. a) The Project proposes measures to mitigate substantial adverse effects, either directly or through habitat modifications, on certain plant and animal species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game ("CDFG") or United States Fish and Wildlife Service ("USFWS"). Seven plant and 22 wildlife sensitive species have the potential to exist on the Project Site. Three sensitive vegetation communities were also identified on site: mesquite hummocks, stabilized desert sand fields, and active desert dunes. The impacts to sensitive plant or animal species or natural communities can be mitigated by implementation of the Memorandum of Understanding ("MOU") between the City, Coachella Valley Association of Governments ("CVAG") and CVCC, dated June 14, 2006. Further, the applicant will create a mesquite hummock community within the Project's open space of similar size to 5.4acre hummock that will be disturbed as a result of development on the CRSP Site. There are no federally protected wetlands as defined by Section 404 of the Clean Water Act on the Project Site. According to the Jurisdictional Delineation provided in Appendix D of the DEIR, the Project contains approximately 7.91 acres of land considered "Waters of the United States" and approximately 21 acres of land considered 'Waters of the State." Development of the Project Site will result in a loss of onsite drainages; accordingly, the Project will require an Individual Clean Water Act Section 16
b)

404 permit from the United States Army Corps of Engineers ("USAGE") and a Streambed Alteration Agreement from the California Department of Fish and Game ("CDFG"). c) The Project Site has not been delineated by CVAG as being a wildlife corridor; accordingly, the Project is not expected to have significant impacts on wildlife movement. By implementation of the MOU and the mitigation measures described therein, the Project will achieve consistency with the City's goals and policies relative to biological resources, including General Plan Goal Bio-1 and Policies Bio-1.2, -1.3 and -1.5. In addition, the Project's consistency with the CVMSHCP will be achieved through compliance with the MOU. Cultural Resources
d)
F. 1.
Potential Impacts
The Project would have a significant impact on cultural resources if it would: a) b) cause a substantial adverse change in the significance of a historical or an archeological resource as defined in CEQA Guideline 15064.5; cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guideline 15064.5; directly or indirectly destroy a unique paleontological resource or site or unique geologic feature; or d) 2. disturb any human remains, including those interred outside of formal cemeteries.
Findings
The Project may impact cultural resources on a project-specific basis. The Council makes the following findings for these impacts: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. With implementation of the following mitigation measures, the Project's impacts to cultural resources are less than significant. 5-1 The project proponent shall install signs at all trailheads with educational information about the history of the region, including Native American history and culture in the area. The trails themselves shall be 17
b)

positioned to avoid sensitive sites. Without revealing the location of any known prehistoric sites, the signs should explain that natural and cultural resources have significance and must be preserved without damage or vandalism for future generations. This measure shall be implemented to the satisfaction of the Community Development Director. During the initial ground-clearing/grubbing and mass-grading of the 5-2 project site, archeological monitoring by a qualified archeologist shall be initiated. Monitoring shall also occur during the excavation of trenches and other secondary earthmoving activities. In later stages, limited "spot" monitoring shall be implemented. In the event that cultural resources are discovered, excavation must be halted in the vicinity of the find and the archeologist must be notified. Excavation in the area shall not proceed until the archeologist has made a determination as to the significance of the find and the necessary course of action. This measure shall be implemented to the satisfaction of the Community Development Director. 3. Supportive Rationale
The DEIR analyzes potential impacts on cultural resources in Section 3.5. For the reasons below, these impacts will be mitigated to less-than-significant levels. a) A Cultural Resources and Paleontological Assessment prepared for the Project Site by Stantec, Inc. in March 2006 identified one site outside of the Project's boundaries that could be potentially eligible for nomination to the California Register of Historical Resources. The paleontological review found that the Site may have a high potential for uncovering significant fossil resources, but did not reveal any paleontological specimens or strata. There are no known human remains on-site. Mitigation measures will be imposed to protect any unknown or buried cultural resources encountered during Site development, including archaeological or paleontological finds or human remains. In addition to monitoring activities during construction, the applicant shall install signs at all trailheads explaining the significance of natural and cultural resources ;n the Project area. Geology and Soils
b)
G. 1.
Potential Impacts
The Project would have a significant impact with respect to geology and/or soils if it would: a) expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 18

rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on the substantial evidence of a known fault. strong seismic ground-shaking. seismic-related ground failure, including liquefaction. landslides.
b) c)
result in substantial soil erosion or the loss of topsoil; be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in an on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse; be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property; or have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water.
2.
Findings
The Project will impact geology and soils on a project-specific basis. The Council makes the following findings for these impacts: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. With implementation of the following mitigation measures, the Project's impacts to geology and soils are less than significant. 6-1 Prior to the issuance of grading permits for Planning Areas 1, 2, and 3, detailed Fault/Seismic Investigations within the areas proposed for development in the Indio Hills shall be conducted by a State of California Certified Engineering Geologist to determine the extent and severity of onsite faulting within those areas. These investigations are to be submitted in conjunction with any tentative tract maps that implement the Specific Plan. Faults located within the project site are to be regarded as "active" unless determined by these studies. Appropriate fault setbacks and/or engineering controls shall be established within these planning areas for occupied structures proximate to active faults. All investigations, setbacks, and/or design recommendations shall be identified and implemented to the satisfaction of the City Engineer. 19
b)

Prior to issuance of building permits for any planning area, the 6-2 developer shall demonstrate that all occupied or inhabited structures will be able to withstand a horizontal seismic acceleration of 1.0 g. Specific design-level geotechnical reports shall be prepared by a State of California Certified Engineering Geologist for the proposed community center, boutique hotel, club house, bridges, and residential structures based on actual plans to determine that these structures meet required design criteria. This measure shall be implemented to the satisfaction of the City Engineer. Prior to the issuance of grading permits for any planning area, 6-3 further geotechnical studies as recommended in the Fault/Seismic Investigation (see GSI 2006, p. 63, item 7) shall be conducted by a State of California Certified Engineering Geologist to determine the possibility and extent of severe localized horizontal seismic accelerations due to localized and site-specific characteristics. In such cases where sitespecific analysis identify potential risks, appropriate foundation or other design solutions, including additional setbacks, shall be implemented to protect residents and structures against such hazards. All investigations and solutions shall be implemented to the satisfaction of the City Engineer. 6-4 Prior to the issuance of grading permits for planning areas within or adjacent to the Indio Hills, a detailed geotechnical slope stability investigation shall be performed by a State of California Certified Engineering Geologist to determine additional setbacks or other measures required to mitigate potential slope stability hazards. All investigations and any mitigation measures thus derived shall be implemented to the satisfaction of the City Engineer. Prior to issuance of building permits that involve any above-ground 6-5 water feature, tank, or reservoir, appropriate engineering design analyses shall be prepared to address the potential threat of flooding created by seiching during periods of high horizontal seismic acceleration. Appropriate flood control measures adjacent to and downstream of these features shall also be installed as needed. All investigations and any engineering and construction measures conducted in response to these requirements shall be implemented to the satisfaction of the City Engineer. All recommendations identified in the site-specific geotechnical 6-6 investigations specific to this Project conducted by Earth Systems Southwest, dated February 18, 2006 (ESS 2006b), and GeoSoils, Inc., dated March 21, 2006 (GSI 2006) shall be implemented on the project site. Those recommendations are found in Section 4 of the ESS 2006b Those report, pages 62 through 64 of the GSI 2006 report. recommendations shall be implemented to the satisfaction of the City Engineer. Those recommendations include, but are not necessarily limited to, the following: 20

All structures will be designed for earthquake resistance by a) an engineer experienced with seismic design in accordance with the minimum intent of the California Building Code. Such design should mitigate against such factors as ground subsidence, hydroconsolidation, liquefaction, and other typical geotechnical conditions; and b) Major underground or above-ground utility lines that cross active faults will be constructed at high angles approaching perpendicular. Cut-off valves will be located on both sides of the zone of active faulting to facilitate repair or emergency shut-off, as warranted. 6-7 During grading and/or construction as needed, the City shall retain a State of California Certified Engineering Geologist to observe compliance with the above mitigation measures and to provide guidance on any necessary design changes in the event that subsurface conditions differ from those anticipated prior to the start of construction. The City Engineer or designated representative shall be notified of the anticipated grading period prior to grading to facilitate monitoring by the City where desired. The City Engineer or designated representative shall be consulted regarding any substantial changes during construction. 3. Supportive Rationale
Section 3.6 of the DEIR analyzes the Project's potential impacts with respect to geology and/or soils. This analysis is based on studies included as Appendix E of the DEIR, including geotechnical feasibility reports, fault/seismic investigations, and a Phase I environmental site assessment. For the reasons below, these impacts will be mitigated to less-than-significant levels. a) The geotechnical investigators and third-party reviewers concurred that Site development is feasible if necessary mitigation, engineering controls and designated setback zones are required. Implementation of those measures will minimize the exposure people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving fault/seismic activity, unstable soils, liquefaction or landslides. These measures will include design-level investigations prior to construction of Project buildings. An Erosion and Sediment Control Plan will be prepared as set forth in Mitigation Measure 8-3 to minimize wind or water erosion of exposed soils. Soils below the Site are anticipated to possess a very low expansion potential.
b)
21

Because the Project will connect to the City's municipal sewer system, it was not necessary to evaluate impacts to soils from the use of septic tanks or alternative waste water disposal systems. e) The Project is consistent with the City's General Plan Policies Geo-1.1, '1.2, -1.3, -1.4 and -1.5 due to its incorporation of mitigation measures, design features, engineering controls and designated setback zones implemented to guard against seismic hazards. Hazardous Materials
H. 1.
Potential Impacts
The Project would have a significant impact related to the potential presence of hazardous materials, recognized environmental concerns or potential hazards if it would: a) b) result in a safety hazard for people residing, working or otherwise congregating in the Project area; or create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.
2.
Findings
The potential presence of hazardous materials in the vicinity of the Site will impact the Project. The Council makes the following findings for these impacts: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. With implementation of the following mitigation measures, the Project's impacts relating to hazards and hazardous material are less than significant. Prior to site grading, soils in the vicinity of the drainpipe in the south 7-1 storage building must be remediated to meet the requirements of the California Environmental Protection Agency (CEPA). This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 7-2 Contaminated soils surrounding the above-ground storage tanks must be removed and/or remediated to meet the requirements of the CEPA. Any soils removed must be disposed of in accordance with
b)
22

applicable laws and regulations. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. Prior to the initiation of site grading, a State of California Certified 7-3 Engineering Geologist shall conduct a geotechnical survey in those areas where organic waste solids from citrus processing and water disposal practices may have adversely affected the engineering properties of the soil. If recommended by the geotechnical specialist, grading protocols and/or other remediation measures must be incorporated into grading and site preparation procedures for the proposed project. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. If during construction activities on the project site, any discolored -4 soil, soils with an unusual odor, or undocumented subsurface structures are encountered, a qualified soil investigation professional shall investigate the soil, and if necessary procure samples for testing. Any contamination shall be properly remediated to meet the requirements of the CEPA. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 7-5 If previously undocumented and abandoned septic tanks, pits or leach lines are uncovered, the Riverside County Department of Public Health shall be contacted to coordinate the proper abandonment of these features. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. All spills or leakage of petroleum products during construction 7-6 activities must be remediated in compliance with applicable state and local regulations regarding cleanup and disposal of the contaminant released. The contaminated waste must be collected and disposed of at an appropriately licensed disposal or treatment facility. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 3. Supportive Rationale
Section 3.7 of the DEIR analyzes the potential for soil or groundwater contamination impacts arising out of hazardous materials present on or near the Property. This analysis is based on the Project site-specific Phase I Environmental Site Assessment Update, dated January 10, 2006 ("Phase I"), included as Appendix F of the DEIR. For the reasons below, these impacts will be mitigated to less-than-significant levels. a) The Phase I, which includes the results of previous Phase II environmental investigations at the Site, identifies several relatively minor existing environmental conditions. These conditions can be remediated using commonly applied remediation techniques, if necessary. As set forth in the above mitigation measures, this remediation will be completed 23

to applicable government standards prior to development of the Site. Accordingly, the identified environmental conditions will not pose a safety hazard for people residing, working or otherwise congregating in the Project area. b) Limited quantities and types of hazardous materials would be used during Project construction by trained professionals. Following construction, only small amounts of hazardous materials commonly associated with residences will be used at the Site, and a water quality management plan ("WQMP") will be implemented pursuant to Mitigation Measure 8-3 to protect water quality from improper handling of those hazardous materials. Accordingly, the construction and operation of the Project is not anticipated to create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Because the identified environmental conditions will be remediated prior to development if necessary, the Project is consistent with the City's General Plan Goal HM-1 and Policies HM-1.2 and -1.5, which seek to protect public health safety and welfare by ensuring the proper transportation and disposal of hazardous wastes, and prevention of soil and water contamination. Hydrology and Water Quality
c)
I. 1.
Potential Impacts
The Project would have a significant impact on hydrology and/or water quality if it would: a) b) violate any water quality standards or waste discharge requirements; substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted); substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on or offsite; d) substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite; 24

create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff; f) g) otherwise substantially degrade water quality; place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Maps ("FIRM") or other flood hazard delineation map; expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam; or result in inundation by seiche, tsunami, or mudflow.
h)
i) 2.
Findings
The Project will impact hydrology and water quality on a project-specific basis. The Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. With implementation of the following mitigation measures, the Project's impacts to hydrology and water quality are less than significant. 8-1 Prior to issuance of grading permits, the developer or its designee shall coordinate the design and obtain approval of all flood control and storm drain structures as identified in the project hydrology studies. The developer or designee shall provide evidence of this approval to the City Public Works Department. These improvements shall be consistent with any master planning efforts of the CVWD. 8-2 The developer or its designee shall obtain a General Permit for Storm Water Discharge Associated with Construction Activity (Construction Activity General Permit). The developer or designee shall provide a copy of this permit to the City Public Works Department prior to the issuance of grading permits. 8-3 Prior to the issuance of grading permits, the developer or its designee shall prepare a Water Quality Management Plan ("WQMP") and an Erosion and Sediment Control Plan ("ESCP") to implement the most appropriate best management practices ("BMPs") and to prevent any significant removal and/or downstream deposition of soil from the project site during construction. The WQMP and ESCP shall contain provisions requiring that all erosion control measures and structures be maintained 25
b)

and repaired as needed for the life of the project. Prior to the issuance of a grading permit, the City Public Works Department shall approve the WQMP and ESCP based on review and input by the Regional Water Quality Control Board ("RWQCB"). At the request of the developer, the City Public Works Department may accept a Storm Water Pollution Prevention Plan ("SWPPP") as a substitute for the ESCP as long as it fulfills the intent of this measure to an equivalent degree. The SWPPP or ESCP shall be prepared to the satisfaction of the City Public Works Department. The WQMP and ESCP or SWPPP shall include, but is not limited to, the following: a) Specify the timing of grading and construction to minimize soil exposure to winter rain periods experienced in Southern California; The natural vegetation shall be retained on all areas that will not be disturbed for grading, except areas that must be cleared and revegetated as part of a fuel modification program; All slopes greater than five feet in height shall be evaluated to define the optimum length and steepness to minimize flow velocity and erosion potential. Lateral drainage collection systems shall be incorporated at the base of slopes, when determined appropriate, to transport flows in a controlled, non-erodable channel; Indicate where flows on the site can be diverted from denuded areas and carried in the natural channels on the site; Construct man-made channels to minimize runoff velocities; Disturbed areas shall be vegetated and mulched immediately after final grades have been established; Sediment traps, basins, or barriers (silt fences, hay bales, etc.) shall be established on the property to prevent the release of "first flush" urban pollutants, including sediment, from developed areas, including the emergency access roads. The design and location of these improvements shall be identified in the plan subject to review and approval by the City; Drainage facilities designed to transport flows shall be described and the adequacy of the channel shall be verified by City approval of a detailed drainage analysis; 26
b)
c)
d)
e) f)
g)
h)

i) An inspection and maintenance program shall be included to ensure that any erosion, which does occur either on or offsite as a result of the project, will be corrected through a remediation or restoration program within a time frame specified by the City; Prior to the issuance of a grading permit, the City shall identify a bond amount for implementing the erosion control program and the developer or designee shall provide the City with a bond for this amount; and Confirmed observations by the City of uncontrolled runoff being carried onsite will be grounds for suspension or revocation of any grading or building permit in process, or any discretionary permit subsequently applied for until the problem is resolved to the satisfaction of the City Public Works Department.
j)
k)
8-4 Prior to the issuance of building permits, graded but undeveloped land shall be maintained in a relatively weed-free condition and/or planted with interim landscaping within 90 days of completion of grading, unless building permits are obtained. 8-5 Prior to the issuance of occupancy permits, planting of developed land shall comply with the NPDES Best Management Practices Construction Handbook Section 6.2. 8-6 Prior to issuance of the first occupancy permit, the developer or its designee shall provide proof to the Public Works Department that the onsite drainage facilities will be maintained by the County, City, HOA, or equivalent. The developer must demonstrate that these facilities will be adequately maintained by an appropriate mechanism or organization, to the satisfaction of the City Public Works Department. 8-7 Prior to construction of the golf course, the developer or its designee shall demonstrate that the irrigation system(s) for the golf course can accommodate reclaimed water in the future once it is available to the site. This measure shall be implemented to the satisfaction of the City Public Works Director. 3. Supportive Rationale
The Project's potential impacts on hydrology and water quality are analyzed in Section 3.8 of the DEIR. This analysis is based on the preliminary hydrology report and water supply assessment, included in Appendix G of the DEIR, and on the jurisdictional delineation report, included in Appendix D of the DEIR. For the reasons below, these impacts will be mitigated to less-than-significant levels.
27

a) In addition to Mitigation Measure 8-3, the Project includes several project design features designed to prevent against violation of any water quality standards or waste discharge requirements or other degradation of water quality. These design features include the drainage plan for the CRSP, which prevents urban runoff from flowing off-site or into open space areas without pre-treatment for sediment and other pollutants. The Project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge because, based on the Water Supply Assessment ("WSA"), Indio Water Authority ("IWA") has sufficient water supplies to meet the demands of the Project. Further, IWA has agreed to supply water to the Project. The WSA demonstrates that there will be sufficient water supplies to meet the projected water demands of existing uses, the Project, and other future uses throughout the twentyyear planning horizon provided under Senate Bill ("SB") 610 and SB 221. As demonstrated in the hydrology report and drainage plan for the CRSP, including the use of proposed retention basins and other improvements, the Project will not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial on or offsite erosion, siltation, or flooding. The CRSP is not located within a 100-year flood hazard area. The geotechnical report for the Project indicated a potential threat posed by seiches (standing waves) of above-ground water reservoirs during strong seismic events. This threat can be mitigated by implementation of Mitigation Measures 6-1 to 6-7, designed to address seismic safety concerns. f) Based on the proposed mitigation measures and project design features, the Project achieves consistency with the City's General Plan goals and policies related to hydrology and water quality issues, including protection from flood hazards (Goal FH-1; Policies FH-1.1, -1.2), protection and conservation of water resources (Goals WR-1 and WR-2; Policies WR-1.1, -2.1, -2.2); and provision of adequate water supplies (Goal DW-1, Policies DW-1.1, -1.2). Land Use and Planning
b)
c)
d)
J. 1.
Potential Impacts
The Project would have a significant impact on land use and planning if it would: a) physically divide an established community;
28

b) conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect; or conflict with any applicable habitat conservation plan or natural community conservation plan.
c) 2.
Findings
The Project will impact land use and planning on a project-specific basis. The Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. With implementation of the following mitigation measures, the Project's impacts to land use are less than significant. 9-1 During the finalization of a contract for the sale of any real property within the Citrus Ranch project site, the seller shall make full and complete disclosure of the existence of any mining operations in the vicinity of the development. Such disclosure shall require the buyer's written acknowledgement of said notice. This disclosure and acknowledgement shall be retained and recorded in perpetuity as part of the residential sales contract. This measure shall be implemented to the satisfaction of the Director of Community Development. 3. Supportive Rationale
b)
The DEIR analyses the Project's potential land use and planning impacts in Section 3.9. For the reasons below, the potential impacts on land use and planning can be mitigated to less-than-significant levels. a) b) The CRSP does not physically divide an established community. The DEIR's analysis included a review of the Project's consistency with goals and policies of the City's General Plan and Housing Element Update as well as the County's General Plan and General Plan Draft Program EIR. In addition, Section 5.1 of the DEIR analyzed the Project's consistency with the plans and policies of the Southern California Association of Governments ("SCAG"). The applicable goals and objectives from the Community Development section of the City's General Plan were considered against the land use designations proposed for the 29 residential planning areas proposed for the Project. The Project is 29

consistent with the planning goals and policies of the City, which will have jurisdiction over the Project upon annexation of the Project Site. Further, the Project will be consistent with the City's General Plan and applicable zoning requirements after approval of the necessary entitlements. c) As discussed above in Section IX(E) Biological Resources, the Project does not conflict with any applicable habitat conservation plan or natural community conservation plan. Written comments were provided in response to the NOP and DEIR by operators of mining facilities located in the vicinity of the Site. These comments requested a mitigation measure requiring full and complete disclosure of the existence of the mining operations to potential buyers of residences in the CRSP. Mitigation Measure 9-1 will be implemented to address these comments. Mineral Resources
d)
K. 1.
Potential Impacts
The Project would have a significant impact on mineral resources if it would: a) b) result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state; or result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan.
2.
Findings
The operation of the Project will create a significant and unavoidable impact on mineral resources on a project-specific basis. The Council makes the following findings for this impact: a) b) No feasible measures exist to mitigate these significant and unavoidable impacts to mineral resources. For the reasons set forth below in the Statement of Overriding Considerations, adopted concurrently by the Council, the Council finds that the significant impact identified in this Section IX (K) is acceptable in light of the Project's overall benefits.
30

3. Supportive Rationale
The DEIR analyzes impacts to mineral resources in Section 3.10. This analysis included review of the California Department of Conservation's Special Report 159 Regarding Aggregate Materials in the Palms Springs Production Consumption Region and the City's General Plan. For the following reasons, no feasible measures exist that could mitigate these impacts to a less-than-significant level. a) The DEIR notes that the bulk of the CRSP Site does not contain mineral resources in quantities sufficient to be considered to be significant if unavailable for extraction. However, the northern portion of the Site contains known mineral reserves; the development of the CRSP will be a significant impact because it will result in the loss of availability of those resources. In addition, development of the northern portion of the CRSP Site will result in the loss of availability of a locally-important mineral resources, delineated as an MRZ-2 zone on the Mineral Land Classification Map generated by the California Geological Survey. Accordingly, any feasible alternative for development (other than a mining operation) on the northern portion of the CRSP Site will result in a significant impact and will be inconsistent with the City's General Plan Goal MR-1 and Policies MR.1 and -1.4, designed to conserve mineral resources for future extraction. Significant additional quantities of mineral resources are available for extraction from other properties in the vicinity of the Project Site. Existing mining operators have filed applications or have otherwise indicated their intent to expand their operations onto these off-site properties. Accordingly, development of the Project will not impact availability of significant quantities of mineral resources in the area. Noise
b)
c)
L. 1.
Potential Impacts
The Project would have a significant noise impact if it: a) created exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; created exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels; created a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project; 31
b) c)

d) e) created a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project; was located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, which would expose people residing or working in the project area to excessive noise levels; or was within the vicinity of a private airstrip, which would the project expose people residing or working in the project area to excessive noise levels.
1) 2.
Findings
The Project will have noise impacts on a project-specific basis. The Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. With implementation of the following mitigation measures, the Project's noise impacts are less than significant. 11-1 During all project site excavation and grading on-site, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with the manufacturers' standards. Construction contractors shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. This measure shall be implemented to the satisfaction of the Community Development Director. 11-2 The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. This measure shall be implemented to the satisfaction of the Community Development Director. 11-3 The construction contractor shall limit all construction-related activities that would result in high noise levels according to the construction hours to be determined by City staff. City of India limits construction to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. This measure shall be implemented to the satisfaction of the Community Development Director. 1-4 The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive land uses or residential dwellings.
1
b)
32

This measure shall be implemented to the satisfaction of the Community Development Director. 11-5 The project proponent shall ensure that all homebuyers receive disclosures that identify that construction of subsequent phases will expose the existing home to construction noise. The proposed disclosures shall be approved by City staff prior to the issuance of the first occupancy permit. This measure shall be implemented to the satisfaction of the Community Development Director. 11-6 Residences in planning areas adjacent to Dillon Road shall be setback to a distance determined by the noise analyst or a noise barrier shall be constructed to specifications determined by the noise analyst and agreed upon by the City Engineer. These specifications shall be determined after the grading plan is complete but prior to the issuance of grading permits. The setback distance or noise barrier shall be sufficient to ensure that the exterior noise level at any residential development does not exceed 65 dBA CNEL. This measure shall be implemented to the satisfaction of the Community Development Director. 3. Supportive Rationale
The Project's noise impacts are analyzed in Section 3.11 of the DEIR. The analysis was based on the Citrus Ranch EIR Noise Impact Analysis, by Urban Crossroads dated October 5, 2005, and a Peer Review of that report by Michael Brandman Associates, dated February 2, 2006, included as Appendix H of the DEIR. For the reasons below, noise impacts can be mitigated to less-than-significant levels. a) The noise analysis report evaluated construction and operation noise against the City's exterior noise standard of 65 dBA CNEL (A-weighted decibels as Community Noise Equivalent Level). Construction noise could create short-term, intermittent exceedances of this standard within the Project Site. Operation of the Project could also cause a readily perceptible increase in noise levels on local roadway segments that already exceed the 65 dBA CNEL standard. Other on-site noise sources, including those generated by future residents, are not expected to exceed the City's noise standard. Both project design features and mitigation measures will be implemented to reduce the potential noise impacts to levels that do not exceed the City's exterior noise standard. Once sensitive receptors are established in the area, noise impacts can be minimized by limiting construction activities to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday,. These measures comply with the noise-related Implementation Measures set forth in the City's General Plan. The DEIR appropriately analyzes the potential noise impacts of the Project based on the existing physical conditions in the area at the time the Notice 33
br

of Preparation was published, pursuant to CEQA Guideline 15125(a). Notwithstanding this CEQA Guideline, the DEIR identifies potential noise Impacts from a proposed expansion of a mining operation that is located 1.5 miles north of the CRSP Site in unincorporated Riverside County. The expansion of the mine towards the Project site boundary is expected to be a gradual process taking many years. Given the extended timeframes involved, and the uncertainty surrounding the scope of the expansion of the mining operation, the DEIR concludes appropriately that the potential noise impacts from those expanded off-site operations are best addressed when tract maps for the final phase are submitted. Further, these operations are not expected to generate excessive groundborne vibration or groundborne noise levels. Accordingly, the potential noise impacts from off-site sources are less-than-significant at this time. Cl Because the Project is not located within two miles of an airport or airfield and is not within an airport land use plan, no impacts are expected from airport-related sources. Population and Housing
M. 1.
Potential Impacts
The Project would have a significant impact on population and housing if it would: a) b) induce substantial population growth into an area, either directly or indirectly; displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere; or displace substantial numbers of existing people, necessitating the construction of replacement housing elsewhere. 2. Findings
The Project will not have a significant impact on population and housing. Accordingly, the Council finds that no mitigation measures are required with respect to population and housing. 3. Supportive Rationale
The Project's potential impacts on population and housing are analyzed in Section 3.12 of the EIR. For the reasons below, these impacts are determined to be less-thansignificant.
34

The Project is expected to generate a population of up to 10,701 residents, phased over 10 years, reflecting annual growth of 1,067 new residents per year. This growth represents approximately 65% of the population and housing expected in the City through 2030, based on the population projections of SCAG. Because the high level of population growth in Indio is expected to continue and has consistently surpassed SCAG's projections from 1998 to 2005, the Project's impact on population and housing is less than significant. The Project is consistent with the City's General Plan Goal H-1 of ensuring adequate supplies of a wide range of housing types, prices and sizes. It is also consistent with General Plan Policy H-1.1, promoting the development of higher-end housing. No significant displacement of existing housing or residents will occur. N. 1. Public Services
Potential Impacts
The Project would have a significant impact on public services if it would: a) result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities or the need for new or physically altered fire protection facilities (the construction of which could cause significant environmental impacts), in order to maintain acceptable service ratios, response times, or other performance objectives for fire protective services; result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities or the need for new or physically altered police protection facilities (the construction of which could cause significant environmental impacts), in order to maintain acceptable service ratios, response times, or other performance objectives; or result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities or the need for new or physically altered school facilities (the construction of which could cause significant environmental impacts), in order to maintain acceptable student/teacher ratios.
b)
c)
2.
Findings
The Project will impact public services on a project-specific basis. The Council makes the following findings for this impact:
35

All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. b) With implementation of the following mitigation measures, the Project's impacts to public services are less than significant. 13-1 Prior to recordation of the first final tract map, the developer shall dedicate by separate instrument a two-acre site for one "Urban" fire station. The developer shall prepare a fire assessment study to identify fire service requirements. The study is to be submitted for review and approval by the City Manager and Fire Chief. 13-2 Prior to issuance of the first occupancy permit, the developer shall pay applicable fire facility fees. This measure shall be implemented to the satisfaction of the City Fire Chief. 13-3 Prior to issuance of the first building permit within a Planning Area, all water mains and fire hydrants required to provide the needs of fire flows must be installed in that Planning Area before any combustible materials are placed on the job site. This measure shall be implemented to the satisfaction of the City Fire Chief. 13-4 Prior to issuance of the first building permit, a Master Utility Plan that includes water for fire protection purposes must be approved by the Public Works Director. 13-5 Prior to issuance of building permits for each residential unit, the developer shall pay applicable police facility fees. This measure shall be implemented to the satisfaction of the City Police Chief. 13-6 Prior to issuance of building permits for each residential unit, the developer shall pay impact fees to the Desert Sands Unified School District ("DSUSD") at the then current rate. This measure shall be implemented to the satisfaction of the Superintendent of the DSUSD. 3. Supportive Rationale
The DEIR analyzes potential impacts on public services in Section 3.13. The analysis was based on information gathered from local public agencies and City departments, and on a Draft Fiscal Impact Analysis report prepared for the CRSP in May 2006, included as Appendix J of the DEIR. For the reasons below, the Project's impacts on public services can be mitigated to a less-than-significant level. a) Based on information provided by and discussions with the County Fire Department and Indio Fire Services ("IFS"), IFS will provide fire protection services to the CRSP Site upon annexation into the City. Per Mitigation Measure 13-1, a fire assessment study will be completed to evaluate the need new or physically altered fire protection facilities, in order for IFS to 36

maintain acceptable service ratios, response times, or other performance objectives for fire protective services. Provision of new or altered facilities required by the fire assessment study, if any, and payment of applicable impact fees will reduce impacts on fire protection services to less-thansignificant. b) According to the Indio Police Department, 4.5 additional police officers are necessary to provide adequate services to the CRSP, which will be a gated community. Payment of applicable police facility fees will reduce these impacts to less-than-significant levels. The Desert Sands Unified School District is constructing high school, middle school and elementary school facilities that will be sufficient to accommodate the introduction of new students from the CRSP Site. In compliance with state law, school impact fees will be paid to reduce impacts to less-than-significant levels by ensuring that area schools can maintain acceptable student/teacher ratios. The Project is consistent with the City's General Plan goals and policies relating to fire protection (Goal PF-2; Policies PF-2.1, -2.2, -2.4), police services (Goal PF-1, Policies PF-1.1, -1.3), and school facilities (Goal SCH-1; Policy SCH-1.2).
c)
d)
0. Recreation 1. Potential Impacts
The Project would have a significant impact on recreation if it would: a) increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated; or include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment.
b)
2.
Findings
The Project will impact recreation on a project-specific basis. The Council makes the following findings for this impact: a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects.
37

b) With implementation of the following mitigation measures, the Project's impacts to recreation are less than significant. 14-1 Prior to the issuance of occupancy permits, the developer shall comply with all applicable City of Indio ordinances pertaining to recreation, including the payment of applicable fees and/or the dedication of lands. This measure shall be implemented to the satisfaction of the Director of Community Development. 14-2 Prior to the issuance of building permits, the developer shall petition for and complete formation of or annexation to the Coachella Valley Recreation and Park District's Landscaping and Lighting Assessment District, and shall pay the costs of such formation and annexation, not to exceed $6,000. This measure shall be implemented to the satisfaction of the Director of Community Development. 3. Supportive Rationale
The Project's potential impacts on recreation are discussed in Section 3.14 of the DEIR. These impacts can be mitigated to less-than-significant levels for the reasons below. a) The CRSP includes several recreational facilities, including a publicly accessible trail system, a publicly accessible golf course and related amenities, a private recreation center for residents and hotel guests, neighborhood and community parks, and pedestrian pathways connecting the various recreational facilities. Applying the City's definition of park to the proposed facilities, the Project includes a total of 274.1 acres of recreation. The City's park standard requires a total of 32.1 acres of park to accommodate the expected population of 10,701 residents. By offering a substantial amount of recreational facilities in excess of the City's standard and by paying park impact fees and/or dedicating lands, the Project's impacts on existing neighborhood and regional parks or other recreational facilities will be mitigated and will comply with the City's Ordinance No. 921 relating to development impact fees. The construction or expansion of recreational facilities on the CRSP Site is not anticipated to have adverse physical effects on the environment. Traffic and Circulation
b)
P. 1.
Potential Impacts
The Project would have a significant impact on traffic and circulation if it would: a) cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial
38

increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections); b) exceeds, either individually or cumulatively, a LOS standard established by the county congestion management agency for designated roads or highways; result in a change in traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks; substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible use (e.g., farm equipment); result in inadequate emergency access; f) g) 2. result in inadequate parking capacity; or conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks).
c) d)
Findings
The Project will impact traffic and circulation on a project-specific basis. The Council makes the following findings for this impact: All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. b) With implementation of the following mitigation measures, the Project's impacts to traffic and circulation are less than significant. 15-1 Prior to issuance of building permits, the developer shall participate in the phased construction of roadway segments along Dillon Road as identified in the project Traffic Impact Analysis ("TIA"). This measure shall be implemented to the satisfaction of the Director of Public Works. 15-2 The developer shall pay all established City of Indio impact fees and participate in the County's Traffic Uniform Mitigation Fee ("TUMF") program for the Coachella Valley. This work shall include construction of offsite facilities under appropriate fee credit agreements for lane improvements at specified intersections, as outlined in the project TIA. At the discretion of the City, the developer shall install or provide funding towards the various improvements planned for the 1-10 Freeway ramps at Golf Center Parkway and Dillon Road, and SR-86S ramps at Dillon Road in lieu of fair share contributions to other TUMF roadway and intersection
39

improvements. This measure shall be implemented to the satisfaction of the Director of Public Works. 15-3 Prior to issuance of the specified building permits, the developer shall participate in the phased construction of improvements and traffic signals at the following intersections through payment of an established City of Indio impact fee and participation in the TUMF program, or construction of offsite facilities under appropriate fee credit agreements for improvements and/or traffic signals at the following intersections, as outlined in the project TIA and as shown in ER Exhibit 3.15-3: Prior to issuance of first building permit: Golf Center Drive at Avenue 44; 1-10 Freeway Ramps at Golf Center Parkway; Dillon Road at "B" Street; Dillon Road at "C" Street; Dillon Road at Avenue 44; Dillon Road at Vista Del Norte; and Dillon Road at the 1-10 Freeway Ramps.
Prior to issuance of the 2_,000th buildinq_permit: Dillon Road at Avenue 38 Traffic signals shall include interconnections so they can function as a coordinated system once completed. This measure shall be implemented to the satisfaction of the Director of Public Works. 15-4 Prior to issuance of building permits, the developer shall install the site-specific circulation and access recommendations shown in EIR Exhibit 3.15-4 and as recommended in the project TIA. This measure shall be implemented to the satisfaction of the Director of Public Works. 15-5 Prior to issuance of the first building permit for each phase, the developer shall submit plans to the City for review and approval. The plans shall show bicycle racks and other non-vehicular transportation improvements for the proposed parks, clubhouse facilities, etc. The developer shall install these and other reasonable improvements recommended by the City, to the satisfaction of the Director of Public Works and the Director of Community Development. 15-6 Prior to approval of any tract maps or issuance of the first building permits for each phase, the developer shall contact the SunLine Transit Agency (STA) in writing to determine if any additional bus stops are required along the appropriate segment of Dillon Road or within the 40

development. The developer shall install up to three shaded bus stops along Dillon Road if so requested by STA. The developer shall provide documentation from the STA regarding the construction of the bus stops prior to the issuance of occupancy permits for these areas. STA will also be consulted regarding tract map design to assure that the project has adequate access to transit. This measure shall be implemented to the satisfaction of the Director of Public Works and the Director of Community Development. 15-7 Prior to issuance of building permits for phases adjacent to Dillon Road, the developer shall construct a bicycle lane along the west side of the roadway consistent with City plans and specifications. This measure shall be implemented to the satisfaction of the Director of Public Works and the Director of Community Development. 3. Supportive Rationale
The DEIR analyzes the Project's traffic impacts in Section 3.15. The analysis relies on peer-reviewed traffic studies included as Appendix I. a) The Project will cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system by generating 29,002 new vehicular trips per day on area roadways, including 3,010 trips during the peak p.m. hour. To address the increased trips and potential congestion, including cumulative impacts from related projects, the developer will pay applicable City impact fees, participate in the County's TUMF program to fund local and regional circulation improvements, and/or install a number of roadway and intersection improvements, as set forth in Mitigation Measures 15-1 through 15-3. The developer will construct the portion of Dillon Road adjacent to the Project at 128 feet wide, consistent with both the City and County plan. This measure and other infrastructure improvements will ensure that the Project does not result in substantial safety risks or traffic hazards, inadequate emergency access or inadequate parking capacity. By implementation of Mitigation Measures 15-5, 15-6 and 15-7, the Project will be consistent with the City's policies supporting alternative transportation (e.g., public transit bus service arid bicycle usage). Utilities
b)
c)
Q. 1.
Potential Impacts
The Project would have a significant impact on utilities if it would:
41

a) exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board; require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects; not have sufficient water supplies available to serve the project from existing entitlements and resources; result in a determination by the wastewater treatment provider which serves or may serve the project that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments; f) not be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs; or not comply with federal, state and local statutes and regulations related to solid waste.
b)
c)
d)
g) 2.
Findings
The Project will impact utilities on a project-specific basis. The Council makes the following findings for this impact: a All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant environmental effects. With implementation of the following mitigation measures, the Project's impacts to utilities are less than significant. 16-1 Prior to issuance of the first grading permit, the developer shall provide a verified final water supply assessment to the Department of Public Works that clearly defines and delineates the project's water supply as required under state law. This measure shall be implemented to the satisfaction of the Director of Public Works. 16-2 Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), the applicant shall submit landscape plans to and receive approval from the Community Development Department. These plans shall include state-of-the-art water conservation devices for landscape irrigation, 42
b)

including electronic drip irrigation and sprinkler systems controlled by hygrometers installed in landscaped areas to deliver water when actually needed by plants. These systems shall be maintained on a regular basis. This measure shall be implemented to the satisfaction of the Director of Community Development. 16-3 Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), development plans shall be provided as they become available to the Imperial Irrigation District, the Southern California Gas Company, and other local utility providers in order to facilitate engineering, design and construction of improvements necessary to provide utility service to the project site. This measure shall be implemented to the satisfaction of the Director of Public Works. 16-4 Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), the applicant shall comply with guidelines provided by utility providers in regards to easement restrictions, construction guidelines, protection of pipeline easements, and potential amendments to right-of-way in the areas of any existing easements of these providers to prevent impacts from construction on existing utility lines. This measure shall be i mplemented to the satisfaction of the Director of Public Works. 16-5 Prior to issuance of the first grading permit, the developer shall provide a final sewer plan, including a capacity study, to the Department of Public Works. This measure shall be implemented to the satisfaction of the Director of Public Works and Director of Community Development. 3. Supportive Rationale
Section 3.16 of the DEIR analyzes the Project's impacts on utilities, including utility improvements necessary for the Project. This analysis was based on information provided by the developer, City planners, and service providers; relevant documents are included in Appendixes G, J, K, and L to the DEIR. For the reasons below, the Project's impacts on utilities will be mitigated to a less-than-significant level. Water: Based on water consumption rates from the Indio Water Authority's ("IWA") Urban Water Management Plan dated July, 2006, the Project's Water Supply Assessment ("WSA") estimates a "worst case" total water demand for the Project's various uses of 2,475 gallons per minute or 3.56 million gallons per day, excluding fire flow requirements. In addition, the project would allow an additional 50 percent above the anticipated average demand for the maximum day demand. The WSA also calculated the project would have a peak hour demand of 7,424 gallons per minute as a "worst case" buffer during drought years per SB 221 requirements. The MA has agreed to provide water service to the Project, and has confirmed adequate capacity to meet the needs of the 43

Project during normal, single-dry, and multiple-dry years within a 20-year projection. On December 6, 2006, the IWA Board of Supervisors voted to adopt the WSA as verification that sufficient long-term water supply exists to meet the Project's consumption needs, as required by SB 610 and SB 221. Sewer: The Project is expected to generate 1.07 million gallons per day (or 390.5 million gallons per year) of wastewater, based on estimated usage of 100 gallons per day per person. Four different options for sewer service were considered for the Project; a final sewer plan will be provided by the developer prior to Project construction. Two service providers, Valley Sanitary District and Coachella Valley Water District, have indicated a willingness to accept and treat sewage from the Project and have confirmed adequate service capacity, either separately or through mutual agreement. c) Electricity: Based on a typical usage of 6,081 kilowatt hours (kWh) per unit per year, the Project is estimated to require 51,230 kWh per day, or 18.7 million kWh per year. Imperial Irrigation District has confirmed that it will provide electrical services to the Project, and has adequate service capacity. Natural Gas: The Project is estimated to require approximately 20.5 million cubic feet per month of natural gas, or 246 million cubic feet per year, based on a typical usage of 6,665 cubic feet per unit per month. The Southern California Gas Company has confirmed adequate service capacity and has agreed to provide service to the Project. Solid Waste: Using the California Integrated Solid Waste Management Board's estimate of 8 pounds of solid waste per person per day, the Project is estimated to generate as much as 42.8 tons of solid waste per day, or 15,622 tons per year. The County's Lamb Canyon landfill is expected to undergo an expansion in capacity that would enable it to handle the Project's solid waste. In addition, increased service levels can be mitigated by the payment of refuse collection user fees. f) Telephone: Telephone service to the Project can be provided by Verizon, which currently has underground transmission lines in the vicinity of the Site. All utility improvements constructed as part of the Project will comply with applicable County and uniform codes. Mitigation Measures and project design features incorporate appropriate water and energy conservation measures recommended by the California Department of Water Resources and required by the California Code of Regulations. In addition, the Project's utility impacts would be further mitigated by 44
d)
g)

payment of applicable utility impact fees charged by the various service providers identified above. R. 1. Cumulative Impacts
Potential Impacts
CEQA Guideline 15130 requires the identification of public and private projects that could have cumulative impacts on the environment, when taken together with the proposed project. The City, in conjunction with the City of Coachella, identified 16 development projects within four miles of the project area that are pending, approved or under construction. The related projects include a total of 15,766 residential units on 4,512 acres. The development of the CRSP Project and the related projects could introduce an additional 64,776 residents into this portion of the Coachella Valley. The CRSP Project represents approximately 16.5% of the anticipated population growth. 2. Findings
The Project will contribute to significant and unavoidable cumulative impacts on agricultural resources, air quality, water consumption, mineral resources, and population. The Council makes the following findings for this impact: a) As discussed above, all feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant cumulative environmental effects. No other feasible measures exist to mitigate these significant and unavoidable cumulative impacts. For the reasons set forth below in the Statement of Overriding Considerations, adopted concurrently by the Council, the Council finds that the significant cumulative impacts identified in this Section IX(K) are acceptable in light of the Project's overall benefits.
b) c)
3.
Supportive Rationale
The cumulative impacts of the Project and identified related projects are evaluated in Section 4 of the DEIR. The DEIR reviews the potential cumulative impacts for each environmental issue analyzed. By complying with local land use and planning standards, the Project will not substantially contribute to cumulative impacts with respect to biological resources, cultural resources, geology and soils, hazardous materials, hydrology and water quality, land use and planning, noise, public services, recreation, traffic and circulation, and 45

utilities. The Project's contribution to these potential cumulative impacts will be minimized by adhering to the proposed mitigation measures and project requirements discussed above and set forth in the MMRP. The analysis results in the following conclusions with respect to significant cumulative impacts: a) Growth anticipated in the region, including the Project and related projects, will eventually cause fundamental changes in the visual and aesthetic character of the project area. These changes will include a gradual transition from a mixture of rural, agricultural and open space uses to traditional suburban residential development, including golf courses and supporting commercial uses. The CRSP Project, as a specific plan, will not create significant aesthetic impacts and will be consistent with the area's transition to more suburban land uses. The Project will contribute to cumulatively considerable impacts with respect to agricultural resources, air quality, water consumption, mineral resources and population. Given the Project's site, it may make substantial contributions to cumulative air quality and population impacts. All appropriate and feasible mitigation measures proposed to reduce the Project's impacts in these areas are set forth above and in the MMRP. The imposition of these mitigation measures will not reduce the Project's cumulative impacts to less-than-significant levels. Growth Inducing Impacts and Consistency with SCAG Policies
b)
S. 1.
Discussion
CEQA Guideline 15126 requires the evaluation of growth-inducing impacts, including whether a project will encourage economic and population growth or the construction of additional housing in the area. 2. Findings
The Project represents a significant portion of planned growth in the Coachella Valley, and will require the long-term commitment of natural resources and land. a) All feasible measures, changes and alterations have been required in, or incorporated into, the Project, which will lessen such significant growthrelated impacts. No other feasible measures exist to mitigate these significant and unavoidable growth-inducing impacts.
b)
46

c) For the reasons set forth below in the Statement of Overriding Considerations, adopted concurrently by the Council, the Council finds that the impacts identified in this section IX (S) are acceptable in light of the Project's overall benefits.
3.
Supportive Rationale
Section 5 of the DEIR analyzes growth-inducing impacts. That section also evaluates the Project's consistency with related regional policies of the Southern California Association of Governments ("SCAG"), including policies relating to population growth, housing, transportation and air quality. The DEIR makes the following conclusions: a) SCAG projects population growth in the Coachella Valley subregion from 419,338 in 2005 to 607,149 by 2020. The CRSP Project represents approximately 6% of that growth. Development of the Site will induce growth into the Dillon Road corridor north of the 1-10 Freeway. Housing projects such as the CRSP are not in themselves growth-inducing, but help meet a regional demand for additional housing in the area. Implementation of the CRSP will require the long-term commitment of certain natural resources and land. As discussed above, the Project will have significant impacts on air quality and mineral resources. These impacts cannot be eliminated without drastic and infeasible modifications to the proposed CRSP Project. The EIR considers consistency with SCAG policies both in Section V of the DEIR and Section 3.2.1 in response to a comment letter from SCAG (Comment Letter C). The EIR concludes that the Project may not be consistent with SCAG Policies 3.24 and 3.27 (creation of sustainable communities), 4.01 (transit and transportation-related policies), and 9.07 (mineral resources).
b)
c)
X.
FINDINGS CONCERNING PROJECT ALTERNATIVES
CEQA Guideline 15126.6 requires an EIR to (1) describe a range of reasonable alternatives to the proposed project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project; and (2) evaluate the comparative merits of the alternatives_ In analyzing the feasibility of an alternative, the CEQA Guidelines list the following factors: site suitability; economic viability; infrastructure viability; social, legal and technological issues; and jurisdictional boundaries. The purpose of the consideration and discussion of alternatives to the proposed project is to identify ways to mitigate or avoid the significant effects that a project may have on the environment. In doing so, CEQA Guideline 15126.6 also directs that the analysis of alternatives be limited to alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these 47

alternatives would impede to some degree the attainment of project objectives, or would be more costly. The selection and discussion of alternatives to the project is intended to foster meaningful public participation and informed decision-making. An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote or speculative. CEQA Guideline 15126.6 also requires the analysis of a "No Project" alternative and the identification of an "Environmentally Superior Alternative." If the environmentally superior alternative is the No Project Alternative, then the EIR is required to identify an environmentally superior alternative among the remaining alternatives. Finally, CEQA Guideline 15126.6 requires an EIR to identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency's determination of such infeasibility. A. Alternatives Considered But Rejected
Several alternatives were considered that did not warrant further review in the FIR. First, the developer considered processing the CRSP in the County; however, this alternative does not reduce any significant impacts and the County could not provide certain utilities to the Project. Second, non-residential uses were considered but rejected because (1) significant impacts were not reduced to less than significant levels and (2) such uses may not be compatible with future surrounding residential uses. Third, the alternative of using the site for mining of sand and gravel was rejected because it does not achieve any project objectives. Fourth, the consideration of other sites for development of the CRSP was rejected because if another site were available, the Project would likely have the same or greater impacts as it would at the studied location. Further, no alternative site of a similar size is owned or available to the applicant at this time B. Alternatives Analyzed In The EIR
The EIR analyzes four alternatives, including a no project alternative: No Project Alternative - Based on a "no development" scenario and the City's current General Plan designations for the Project site. Alternative 1 - Golf Course and Clustered Housing (3,075 units) - eliminating development in southern 488 acres of the Site, except for 9 golf-course holes; Alternative 2 - No Golf Course and Large Lots (1,750 units) - eliminating golf course and development in 460 acres of southern portion of site; Alternative 3 - No Development in Northern Portion of Site (2,000 units) eliminating development of Site north of Avenue 38. 48

Facts a) The "No Project" alternative considers a "no development" scenario whereby existing uses of the property would remain the same and what could be built on the Site if the proposed project were not built. Under the "no development" scenario, a portion of the Project site would continue to be used for citrus production and the remainder of the site would be open space. In this alternative, all significant Project impacts would be avoided; however, environmental impacts caused by existing permitted and unpermitted uses of the Site would continue. Alternatively, the DEIR notes that the County's General Plan designates the Site for open space conservation and light industrial and could be developed in accordance with these designations. However, any residential project would require a General Plan amendment and zone change, and/or a specific plan, similar to the proposed Project. Accordingly, the DEIR focuses its consideration of alternatives on the modified site plans discussed below. Alternative 1 proposes to eliminate development in the southern portion of the Site, except for nine target-style golf holes. Development of 3,075 dwelling units would occur in the 705 acres in the center of the Site in a manner similar to the proposed Project, but with an increased number of high-density uses. This alternative eliminates the boutique hotel and citrus paseo system, and reduces parkland to 36 acres. The alternative project would reduce potential impacts to biological resources and place a substantial buffer between development and mining operations located to the north. Alternative 1 is not environmentally superior because it would not reduce to less than significant levels the significant and unmitigatable project-specific and cumulative air quality and mineral resources impacts identified for the CRSP Project, or the cumulatively significant impacts to agricultural resources, water consumption, or population. Further, this alternative is not economically feasible, as it does not provide an adequate number of units to support construction of required infrastructure. The alternative therefore fails to meet the Project's objectives of implementing the approved Development Agreement by generating enough value to supporting bonding programs necessary to finance required infrastructure and other public facilities, and to allow for large-scale protection of open space on the site. Alternative 2 eliminates development in the southern portion of the Site, and designates that 460-acre area for habitat conservation and open space. The golf course would be eliminated and a wider open space buffer would be provided between the Project and mining operations to the north. Development of 1,750 units would occur in the northern and central portions of the site. Although this alternative may reduce certain impacts (traffic, air quality, noise, water and wastewater demands, growth-related impacts), it is not clear that any of these project-specific or cumulative 49
b)
c)

impacts identified for the CRSP Project would be reduced to less-thansignificant levels. Accordingly, Alternative 2 does not appear to be environmentally superior to the proposed Project. This alternative also appears to be economically infeasible, as it does not provide an adequate number of units to support construction of required infrastructure. The alternative fails to meet the Project's objectives of providing a golf course or of implementing the approved Development Agreement by generating enough value to supporting bonding programs necessary to finance required infrastructure and other public facilities, and to allow for largescale protection of open space on the site. Alternative 3 proposes to eliminate all development on the Site north of Avenue 38. Approximately 2000 units would be developed on 862 acres in the southern and central areas; the citrus paseo system would be eliminated. This alternative preserves approximately half of the MRZ-2 mineral resource zone; however, preservation of that zone may result in mining operations in close proximity to Site residences. Although this alternative may reduce certain impacts (traffic, air quality, noise, water and wastewater demands, growth-related impacts), it is not clear that any of the CRSP's project-specific or cumulatively significant impacts would be reduced to less-than-significant levels. Accordingly, Alternative 3 does not appear to be environmentally superior to the proposed Project. This alternative also appears to be economically infeasible, as it does not provide an adequate number of units to support construction of required infrastructure. As such, the alternative fails to meet the Project's objectives of implementing the approved Development Agreement by generating enough value to supporting bonding programs necessary to finance required infrastructure and other public facilities, and to allow for large-scale protection of open space on the site. e) The DEIR also considered whether alternative sites exist to develop Project. (DEIR, p. 6-8). While it may be theoretically possible to develop the Project on another site, the only sites that could accommodate the Project are large vacant properties within this portion of the Coachella Valley, which generally exhibit similar physical characteristics as the Project site. Therefore, moving the Project to an alternative site would create similar environmental impacts. In addition, the applicant currently does not own or have any rights or options to acquire a similarly sized property to accommodate the Project.
2.
Findings a) b) The EIR considered a reasonable range of alternatives to the Project. The Council finds that none of the proposed alternatives are environmentally superior to the CRSP Project, because it is not clear that 50

any alternative would reduce the significant impacts of the CRSP Project to less-than-significant levels. c) None of the proposed alternatives achieve the primary objective of generating enough value to support bonding programs for major infrastructure and public facilities and to allow for large scale protection of open space. Each of the Project alternatives would not provide an adequate number of residential units to achieve this objective. A substantial amount of these infrastructure costs are off-site costs such as sewer lines and water reservoirs which would be required regardless of the number of units developed. in addition, while each of these alternatives would reduce the potential direct and cumulative environmental effects of the Project, these effects may not be reduced to a less than significant level. Finally, as noted above, each of these alternatives do not provide the same degree of diversity in residential housing opportunities (e.g. low, medium, and high density housing types) or amenities (e.g. 18 hole golf course) as the Project.
Xl. RECIRCULATION As described in Section 3 of the FEIR, several minor changes were made in response to comments on the DEIR that clarify, amplify or make insignificant modifications to the DEIR. The information added to the FEIR has not deprived the public of a meaningful opportunity to comment upon any significant environmental effect of the Project or any feasible way to mitigate or avoid such an effect. Accordingly, the Council finds that no new significant information" (as that term is defined in CEQA Guideline 15088.5(a)) was added to the FEIR since the release of the DEIR that would warrant recirculation as provided in CEQA Guideline 15088.5. XII. GENERAL CONSIDERATIONS Each and all of the Findings and determinations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the FEIR. All of the language included in these Findings constitutes Findings by the Council, whether or not any particular sentence or clause includes a statement to that effect. All summaries of information in these Findings are based on the entire record of the proceedings, and the absence of any particular fact form any such summary herein is not an indication that a particular finding is not based, in part, on that fact. The Council's analysis and evaluation of the FEIR and the Project is based on the best information currently available. This practical limitation is acknowledged in CEQA Guideline 15151, which provides that "the sufficiency of an EIR is to be reviewed in light of what is feasible."
51
EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS

The California Environmental Quality Act ("CEQA") requires the City Council ("Council") to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. (Public Resources Code 21081(b); 14 Cal. Code Regs. 15043, 15093(a)). As documented in the EIR and explained in the Findings of Fact for the Project, the Project will result in the following significant and unavoidable environmental effects on both a project-specific and cumulative basis even after the imposition of all feasible mitigation measures: (1) air quality and (2) mineral resources. In addition, the following impacts are significant and unavoidable on a cumulative basis, but not on a project-specific basis: (1) agricultural resources, (2) water consumption, and (3) population. The Project also represents a significant portion of planned growth in the Coachella Valley. The Council finds that, having reduced the adverse significant environmental effects of the Project to the extent feasible by adopting the proposed mitigation measures, having considered the entire administrative record on the Project, and having weighed the benefits of the Project against its unavoidable adverse impacts after mitigation, the Council has determined that the social, economic, and environmental benefits of the Project outweigh the potential unavoidable adverse environmental impacts and render those potential unavoidable adverse environmental impacts acceptable. Each of the following benefits constitutes an overriding consideration warranting approval of the project, independent of the other benefits, despite the significant and unavoidable environmental effects: The Project will augment the City's economic base by providing a variety of tax generating uses. Primary public revenues from the Project will include real property taxes, retail sales taxes, utility user taxes and intergovernmental transfers. According to the fiscal study prepared for the Project, at build-out, the Project's residential component has the potential to generate an annual property tax benefit in excess of $1.4M. The Project will also generate property transfer taxes during the seven-year build-out and sale period of approximately $119,000 per year. In addition, the City will receive a retail sales tax benefit that is projected at over $300,000 per year. In addition, the economic benefit to the City from other fee revenues to be generated by Project residents is estimated at over $450,000 per year. When combined with expected revenues from the Project's hotel element, the Project is expected to result in a net fiscal benefit to the City in excess of $500,000 per year. These revenues will be used by the City to fund public services and capital improvements. The Project will provide a steady long-term revenue stream to the City and generate enough value to support bonding programs used to finance major infrastructure and other public facilities. The Project will provide a variety of high-quality housing types and densities in a manner that expands the diversity of the City's residential market. The development will include up to 3,075 dwelling units, ranging from low-, mediumand high-densities. The residences will be designed to appeal to a number of

market segments, including first-time buyers, seniors, and families. The Project will create a housing supply necessary to accommodate the burgeoning population growth in the City and the County. This housing will assist the City in meeting the high rate of growth anticipated in the City Housing Element Update (2005). The Project will provide a significant residential base to support existing commercial centers in and around the City and to attract future retail and other necessary commercial development to the City. The Project will protect a substantial amount of open space on the Site and avoid environmental impacts caused by existing permitted and unpermitted uses of the CRSP Site. An estimated 184.5 acres will be preserved as undisturbed hillside open space on the CRSP Site; an additional 376 acres of open space will be preserved on the SAA Site, which will remain substantially undeveloped. This open space will protect the natural environment and provide scenic, educational, recreational and ecologic benefits to the City. The Project will provide a diverse variety of recreational options to residents and the public, including a golf course, hiking trails, recreation areas and neighborhood and community parks. Excluding the golf course, a total of 274.1 acres of recreation are proposed, which substantially exceeds the 32.1 acres required under the City's park standard. The proposed parks will include sports fields, passive play areas and tot lots, which will be connected by pedestrian pathways. The Project will contribute to conservation efforts with respect to biological resources in and around the Project Site. By complying with the MOU, the applicant will achieve consistency with the goals and policies of the CVMSHCP for preservation and protection of sensitive species. The Project will annex geographically contiguous areas into the City in a manner that facilitates development necessary to accommodate the continuing growth of the City's population.
EXHIBIT C MITIGATION, MONITORING AND REPORTING PROGRAM

p. During all phases of construction, all equipment shall be properly and routinely maintained, as recommended by manufacturer manuals. This measure shall be implemented to the satisfaction of the Community Development Director Mitigat esti , Method of Verification of Com etion 0 Direct observations; Data sheets to be included with compliance report; Review data sheets during site inspections; Applicant to include any written instruction to equipment operators or construction supervisors Direct observations; Data sheets to be included with compliance report; Review data sheets during site inspections; Applicant to include any written instruction to equipment operators or construction supervisors Direct observations; Data sheets to be included with compliance report; Review data sheets during site inspections; Applicant to include any written instruction to equipment operators or construction supervisors
rpg 0f Tini 1 Vinfication
3-1
Ongoing throughout construction activities
Responsible . for Verification City of Indio Community Development Department
Status/Date/Initial*. ,
3-2
During all phases of construction, all contractors shall restrict idling time to five minutes or less in any given hour. This measure shall be implemented to the satisfaction of the Community Development Director,
City of Indio Community Development Department
3-3
3-4
Where feasible, alternative clean fuels such as compressed natural gas-powered equipment with oxidation catalysts shall be used instead of gasoline or diesel-powered engines. However, where diesel equipment has to be used because of a lack of alternatives, the construction contractor shall use particulate filters, oxidation catalysts, and low sulfur diesel as defined in SCAQMD Rule 431.2. This measure shall be implemented to the satisfaction of the Community Development Director. Where feasible, aqueous or emulsified diesel fuel shall be used for all construction equipment. This measure shall be implemented to the satisfaction of the Community Development Director.
Direct observations; Data sheets to be included with compliance report; Review data sheets during site inspections; Applicant to include any written instruction to equipment operators or construction supervisors Direct observations; Data
3-5
During construction of Phases 2 and 3, temporary power from the power grid shall be provided onsite for
Ongoing
City of Indio
Unless otherwise noted, the developer shall be responsible for complying with each mitigation measure. 1

.MO400#Meaisure Method Verification of ..., Timitie0f: ,,,-, ,... --, R
Verification
p000thie. Mr.." ---_.
StatittiDateil ,,:, :: :, , 410$0 .
electric tools such as saws, drills, and compressors, thereby decreasing the need for fuel-powered generators and other fuel-powered equipment. This measure shall be implemented to the satisfaction of the Community Development Director,
13-6
sheets to be included with compliance report; Review data sheets during site inspections; Applicant to include any written instruction to equipment operators or construction supervisors Direct observations; Data sheets to be included with compliance report; Review data sheets during site inspections; Applicant to include any written instruction to equipment operators or construction supervisors Submittal and approval of plans that implement the energy construction requirements of this measure
throughout construction activities of Phases 2 and 3
Community Development Department
Zero-VOC paints (assumes no more than 100 grams/liter of VOC) shall be used where feasible. This measure shall be implemented to the satisfaction of the Community Development Director
3-7
Prior to the issuance of a building permit, plans to incorporate the following mitigation measures shall be implemented in accordance with the Community Development Director. Homes shall be built in a manner that meets or exceeds the statewide energy construction requirements to at least Title 24 and shall include the following: Install efficient heating and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces and boiler units to at least Title 24 requirements; Insulation shall meet or exceed Title 24 requirements; Double-paned windows and energy efficient doors shall be installed; Install electrical outlets on the exterior walls of both the front and back of residences to promote the use of electric landscape maintenance equipment; When feasible, design buildings with proper orientation, fenestration, and other design components that maximize the potential of
Prior to issuance of building permits

:i,4;t!:!ii,,, .. Method of Verification of Co .,, , Timing of Clifi Responsible . for Vitrification Status/Datefinitials passive cooling and heating to the maximum extent possible. To discourage the burning of wood in fireplaces, gasReview and approval of burning fireplaces shall be installed where builders are building and design plans; including fireplaces in their projects. This measure Onsite verification shall be implemented to the satisfaction of the Community Development Director. i To reduce road dust, a street sweeper shall clean the Written verification of contract streets a minimum of once every month or more for street sweeping services frequently as needed. This measure shall be implemented to the satisfaction of the Community Development Director. During the sale of the residences, electric solar panels Review and approval of and solar-powered water heaters shall be presented to building and design plans; the home-buyers as an option. This measure shall be Onsite verification implemented to the satisfaction of the Community Development Director, Prior to the issuance of grading permits, the project Verification of acceptance of applicant shall comply with the terms set forth in the revegetation plan by CVCC; MOU with respect to measures designed to protect or Verification of payment of any preserve biological resources, irrespective of whether applicable fees if CVMSHCP the CVMSHCP is fully adopted. In the event that the is not fully adopted CVMSHCP is not fully adopted, the project applicant shall pay the Fringe-toed lizard habitat assessment fee applicable to the project, if any. This measure shall be implemented to the satisfaction of the Community Development Director. If grading is to begin during the breeding season, a Review and approval of radius of 50 meters (approximately 165 feet) will be grading plans and grading marked around all active burrowing owl burrows, and schedule no grading activities or other disturbances will take place within this 50-meter radius. All active burrows will be monitored by a qualified biologist until the breeding season is over and any young occupying the burrow have fledged and become independent. Subsequently, mitigation will proceed as outlined in Mitigation Measure 4-3 for the non-breeding season. This measure shall be implemented to the satisfaction of the Community Development Director. 3
3.8
Prior to issuance of occupancy permits Ongoing
City of Indio Community Development Department City of Indio Community Development Department City of Indio Community Development Department City of Indio Community Development Department
3.9
10
Ongoing during sale of residences
4-1
Prior to issuance of grading permits
4-2
City of Indio Prior to commenceme Community nt of grading Development Department

M 4-3 M re iii, Method cflerllratlon# Completion Review and approval of grading plans and grading schedule . TJming Nletificatl Prior to commenceme nt of grading Responsible StatusiDet MI Veriflaation City of Indio Community Development Department During the non-breeding season, burrowing owls within all occupied burrows will be passively excluded from occupied burrows by a qualified biologist using oneway doors. Once the owls have been evicted, burrows will be collapsed to prevent reoccupation. This measure shall be implemented to the satisfaction of the City Community Development Director. To prevent potential impacts to nesting birds, the removal of vegetation or other potential nesting habitat should take place, to the extent feasible, outside of nesting season (generally February 15 to August 15). Where this is not feasible, a survey for nesting birds will be conducted no more than seven days prior to the commencement of any ground or vegetation disturbing activities. All active bird nests will be mapped and marked with a 200-foot avoidance perimeter. Ground or vegetation disturbing activities will be postponed until a qualified biologist has determined that the nests are no longer active. This measure shall be implemented to the satisfaction of the Community Development Director. To avoid permanent adverse impacts to the 5.4-acre mesquite hummock area on the project site, a similarly sized mesquite hummock will be created within the project's preserved open space. A draft revegetation plan in compliance with the MOU will be produced and submitted to the CVCC prior to the issuance of grading permits. The draft plan will consider and incorporate where appropriate the criteria for this restoration/enhancement/revegetation effort provided in Exhibit "S" of the MOU documents, which are included as part of the technical appendices of the DEIR. The plan shall not require the City or project applicant to provide funds for long-term management of the area, but shall provide mechanisms whereby permanent management, maintenance, monitoring, and funding will occur by means of Codes, Covenants and Restrictions, a Homeowner's Association, or other applicable arrangement. This measure will be
I 4-4
Review and approval of grading plans and grading schedule
I Prior to commenceme nt of vegetation removal
4-5
Verification of acceptance of revegetation plan by CVCC
City of Indio Community Development Department, CVCC

',. . . Mg' 4
Mitigation Maaaore .,, ! " implemented to the satisfaction of the Community Development Director, and shall be contingent upon prior approval of the revegetation plan by the CVCC. To reduce impacts to stabilized and partially stabilized 4-6 desert sand fields to below a level of significance, the developer or its designee shall restore, revegetated, : and/or enhance approximately 29 acres of stabilized and partially stabilized desert sand fields within the project site. A draft revegetation plan in compliance with the MOU will be produced and submitted to the CVCC prior to the issuance of grading permits. The draft plan will consider and incorporate where appropriate the criteria for this restoration/enhancement/revegetation effort provided in Exhibit "S" of the MOU documents, which are included as part of the technical appendices of the DEIR. The plan shall not require the City or project applicant to provide funds for long-term management of the area, but shall provide mechanisms whereby permanent management, maintenance, monitoring, and funding will occur by means of Codes, Covenants and Restrictions, a Homeowner's Association, or other applicable arrangement. This measure will be implemented to the satisfaction of the Community Development Director, and shall be contingent upon prior approval of the revegetation plan by the CVCC. 5-1 The project proponent shall install signs at all trailheads with educational information about the history of the region, including Native American history and culture in the area. The trails themselves shall be positioned to avoid sensitive sites. Without revealing the location of any known prehistoric sites, the signs should explain that natural and cultural resources have significance and must be preserved without damage or vandalism for future generations. This measure shall be implemented to the satisfaction of the Community Development Director. During the initial ground-clearing/grubbing and mass5-2 grading of the project site, archeological monitoring by ..!.:ili.. !i.
Method of Verification of ConinietiOn ,.; -..i...
Tilting : ' yorification

' of
i bre ' ' RatiOnii
: i).104t .J . . Verification
: Statuaitiatailniti o
Verification of acceptance of revegetation plan by CVCC
City of Indio Community Development Department, CVCC
Review and approval of trail and signage plans; Site visit
Review of trail and signage plans prior to construction of trails. Site visit prior to opening of trails to public use
Onsite inspection by a qualified cultural resource 5
Ongoing during initial
City of Indio Community

.. ... Mitigation Measure
Jo. 'II
Method of, WO -'
tion of; .
'.
Tinting of ,, VadtiOatiOn:". ... - '..- '..- -,-, - J
;I.:.:;,:. :!:.Responsible , ..,,tor .. StatuatDat ... ....... c

V
nitialik .. : . .., .,.. ' '
6-1
a qualified archeologist shall be initiated. Monitoring shall also occur during the excavation of trenches and other secondary earthmoving activities. In later stages, limited ''spot" monitoring shall be implemented. In the event that cultural resources are discovered, excavation must be halted in the vicinity of the find and the archeologist must be notified. Excavation in the area shall not proceed until the archeologist has made a determination as to the significance of the find and the necessary course of action. This measure shall be implemented to the satisfaction of the Community Development Director. Prior to the issuance of grading permits for Planning Areas 1, 2, and 3, detailed Fault/Seismic Investigations within the areas proposed for development in the Indio Hills shall be conducted by a State of California Certified Engineering Geologist to determine the extent and severity of on-site faulting within those areas. These investigations are to be submitted in conjunction with any tentative tract maps that implement the Specific Plan. Faults located within the project site are to be regarded as "active" unless determined by these studies. Appropriate fault setbacks and/or engineering controls shall be established within these planning areas for occupied structures proximate to active faults. All investigations, setbacks, and/or design recommendations shall be identified and implemented to the satisfaction of the City Engineer.
specialist; Monthly reporting to the Community Development Department
groundclearing, grubbing and mass-grading
Development Department
Submittal and approval of detailed seismic investigations
Prior to the issuance of grading permits for Planning Areas 1, 2, and 3. Studies to be submitted in conjunction with any tentative tract maps that implement the Specific Plan for Planning areas 1, 2, and 3 Prior to issuance of building permits
City of Indio, City Engineer
6-2
Prior to the issuance of building permits for any planning area, the developer shall demonstrate that all occupied or inhabited structures will be able to withstand a horizontal seismic acceleration of 1.0 g. Specific design-level geotechnical reports shall be prepared by a State of California Certified Engineering Geologist for the proposed community center, boutique hotel, club house, bridges, and residential structures based on actual plans to determine that these
Review and approval of building plans Review and approval of design-level geotechnical reports
EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM

,,,, .!i!!!:oil l:i!
..,.i :
igwon Wasurni r"'
.1,41;m
Mathod of Verification of , : .:: : : . r440100.0.00 niiiito . L-,
.. Timing f liedft:: .: .:
Resnonniblei fOr,-:,' VortfiCatiOn
Status/pato/I tin*. .
6-3
6-4
6-5
structures meet required design criteria. This measure shall be implemented to the satisfaction of the City Engineer. Prior to the issuance of grading permits for any planning area, further geotechnical studies as recommended in the Fault/Seismic Investigation (see GSI 2006, P. 63, item 7) shall be conducted by a State of California Certified Engineering Geologist to determine the possibility and extent of severe localized horizontal seismic accelerations due to localized and site-specific characteristics. In such cases where sitespecific analysis identify potential risks, appropriate foundation or other design solutions, including additional setbacks, shall be implemented to protect residents and structures against such hazards. All investigations and solutions shall be implemented to the satisfaction of the City Engineer. Prior to the issuance of grading permits for planning areas within or adjacent to the Indio Hills, a detailed geotechnical slope stability investigation shall be performed by a State of California Certified Engineering Geologist to determine additional setbacks or other measures required to mitigate potential slope stability hazards. All investigations and any mitigation measures thus derived shall be implemented to the satisfaction of the City Engineer. Prior to issuance of building permits that involve any above-ground water feature, tank, or reservoir, appropriate engineering design analyses shall be prepared to address the potential threat of flooding created by seiching during periods of high horizontal seismic acceleration. Appropriate flood control measures adjacent to and downstream of these features shall also be installed as needed. All investigations and any engineering and construction measures conducted in response to these requirements shall be implemented to the satisfaction of the City Engineer. All recommendations identified in the site-specific
H Review and approval of building plans; Review and approval of design-level geotechnical reports Prior to issuance of grading permits City of Indio, City Engineer
Review and approval of geotechnical slope stability investigation(s)
Prior to the issuance of grading permits for planning areas within or adjacent to the Indio Hills Prior to issuance of building permits that involve any above-ground water feature, tank, or reservoir
Review and approval of design and building plan, in accordance with appropriate engineering design analysis
6-6
Review and approval of

7
Prior to
City of Indio,
EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM

.:,. 1. ,.:1.,6,11.ii. Mitigation Measu geotechnical investigations specific to this project conducted by Earth Systems Southwest, dated February 18, 2006 (ESS 2006b), and GeoSoils, Inc., dated March 21, 2006 (GSI 2006) shall be implemented on the project site. Those recommendations are found in Section 4 of the ESS 2006b report, Pages 62 through 64 of the GSI 2006 report. Those recommendations shall be implemented to the satisfaction of the City Engineer. Those recommendations include, but are not necessarily limited to, the following: a) All structures will be designed for earthquake resistance by an engineer experienced with seismic design in accordance with the minimum intent of the California Building Code. Such design should mitigate against such factors as ground subsidence, hydroconsolidation, liquefaction, and other typical geotechnical conditions; and; b) Major underground or above-ground utility lines that cross active faults will be constructed at high angles approaching perpendicular. Cut-off valves will be located on both sides of the zone of active faulting to facilitate repair or emergency shut-off, as warranted. 6-7 During grading and/or construction as needed, the City shall retain a State of California Certified Engineering Geologist to observe compliance with the above mitigation measures and to provide guidance on any necessary design changes in the event that subsurface conditions differ from those anticipated prior to the start of construction. The City Engineer or designated representative shall be notified of the anticipated grading period prior to grading to facilitate monitoring by the City where desired. The City Engineer or designated representative shall be consulted regarding any substantial changes during construction. Prior to site grading, soils in the vicinity of the drainpipe Timing of that! of , . V.eriication 0. Veri fication q0MOIPU r - . . , issuance o design and construction plans building in accordance with the recommendations contained in permits the mitigation measure Rosponsible for Verification y tnglneer Status/Date/Millais
Site inspections; Review and approval of design and building plans
Ongoing during grading and construction
7-1
Submittal and approval of 8
Prior to site
City of Indio,
EXHIBIT C MITIGATION. MONITORING AND REPORTING PROGRAM

.: Mitigation Measure0,1- , :
.13
: 1 .A ' L
Method of Verification of ' on Co remediation summary report by a State of California Registered Environmental Assessor Submittal and approval of remediation summary report by a State of California Registered Environmental Assessor
Timing of Verification grading in contaminated area
7.2
7-3
7-4
7-5
in the south storage building must be remediated to meet the requirements of the California Environmental Protection Agency (CEPA). This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. Contaminated soils surrounding the above-ground storage tanks must be removed and/or remediated to meet the requirements of the CEPA. Any soils removed must be disposed of in accordance with applicable laws and regulations. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. Prior to the initiation of site grading, a State of California Certified Engineering Geologist shall conduct a geotechnical survey in those areas where organic waste solids from citrus processing and water disposal practices may have adversely affected the engineering properties of the soil. If recommended by the geotechnical specialist, grading protocols and/or other remediation measures must be incorporated into grading and site preparation procedures for the proposed project. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. If during construction activities on the project site, any discolored soil, soils with an unusual odor, or undocumented subsurface structures are encountered, a qualified soil investigation professional shall investigate the soil, and if necessary procure samples for testing. Any contamination shall be properly remediated to meet the requirements of the CEPA. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. If previously undocumented and abandoned septic tanks, pits or leach lines are uncovered, the Riverside County Department of Public Health shall be contacted to coordinate the proper abandonment of these features. This measure is to be implemented to the satisfaction of the City Engineer or a qualified
Responsible .- for Verification City Engineer
Status/Dateiirdtiais
Prior to site grading in contaminated area
Submittal and approval of geotechnical survey; Submittal and approval of plan for implementation of grading protocols and/or remediation measures, if recommended by geotechnical survey
Prior to site grading in former citrus processing and water disposal areas
Assessment of relevant areas by a State of California Registered Environmental Assessor; Submittal and approval of remediation summary report if any remedial activities are required
Ongoing during site grading and construction
Documentation from Riverside County Department of Public Health regarding proper abandonment of relevant structures 9
Ongoing during site grading

!
.1.iilo,:,i,,
1ii ' MitigationMammal i . :,1 'L

jV;:fr
k(
1
: , ,Methect of:Verification of. ' Completion .,
'
Timing of "Verification: Ongoing during site grading and construction
Reatiensible ' . jot:, Vitra:441W City of Indio, City Engineer
I: Ata us/Pate/Initials:
7-6
8-1
8-2
8.3
representative. All spills or leakage of petroleum products during Assessment of relevant areas construction activities must be remediated in by a State of California compliance with applicable state and local regulations Registered Environmental regarding cleanup and disposal of the contaminant Assessor; Submittal and released. The contaminated waste must be collected , approval of remediation and disposed of at an appropriately licensed disposal summary report if any or treatment facility. This measure is to be remedial activities are required implemented to the satisfaction of the City Engineer or a qualified representative. Prior to issuance of grading permits, the developer or Notice of approval from its designee shall coordinate the design and obtain CVWD of flood control and approval of all flood control and storm drain structures storm drain structures as identified in the project hydrology studies. The developer or designee shall provide evidence of this approval to the City of Indio Public Works Department. These improvements shall be consistent with any master planning efforts of the CVWD. The developer or its designee shall obtain a General Submittal of permit to Public Permit for Storm Water Discharge Associated with Works Department Construction Activity (Construction Activity General Permit), The developer or designee shall provide a copy of this permit to the City Public Works Department prior to the issuance of grading permits. Prior to the issuance of grading permits, the developer Submittal and approval of or its designee shall prepare a Water Quality WQMP; Submittal and Management Plan (WQMP) and an Erosion and approval of ESCP or SWPP Sediment Control Plan (ESCP) to implement the most appropriate BMPs and to prevent any significant removal and/or downstream deposition of soil from the project site during construction. The WQMP and ESCP shall contain provisions requiring that all erosion control measures and structures be maintained and repaired as needed for the life of the project. Prior to the issuance of a grading permit, the City Public Works Department shall approve the WQMP and ESCP based on review and input by the RWQCB. At the request of the developer, the City Public Works Department may accept a Storm Water Pollution 10
City of Indio Department of Public Works

:: ;,
,,.
itlgetio
Measure
i.. .
Methoil'Of Wirificatien'oti.,i, . : . . ..... - , . ...: :: , - : : .. ... Coinpletiort ,
.. .Timing of ,.:. vercation. :::.11 -..-::-:,
Responsible , : 10.r .: 1,: :verification
..
' StattisiDat
Initials
:.. . ,
Prevention Plan (SWPPP) as a substitute for the ESCP as long as it fulfills the intent of this measure to an equivalent degree. The SWPPP or ESCP shall be prepared to the satisfaction of the City Public Works Department. The WQMP and ESCP or SWPPP shall include, but is not limited to, the following: a) Specify the timing of grading and construction to minimize soil exposure to winter rain periods experienced in Southern California; b) The natural vegetation shall be retained on all areas that will not be disturbed for grading, except areas that must be cleared and revegetated as part of a fuel modification program; a) All slopes greater than five feet in height shall be evaluated to define the optimum length and steepness to minimize flow velocity and erosion potential. Lateral drainage collection systems shall be incorporated at the base of slopes, when determined appropriate, to transport flows in a controlled, non-erodabie channel; d) Indicate where flows on the site can be diverted from denuded areas and carried in the natural channels on the site; e) Construct man-made channels to minimize runoff velocities; f) Disturbed areas shall be vegetated and mulched immediately after final grades have been established; g) Sediment traps, basins, or barriers (silt fences, hay bales, etc.) shall be established on the property to prevent the release of "first flush" urban pollutants, including sediment, from developed areas, including the emergency access roads. The design and
11

,
,.,..,,,,.
,, '4'!"
,
IN
M tiatiOn Mosittreth.
Method OfVerifiCe ,. ,
:
:Olk:
laUon
:Of. :
-
17I
%WI
1:0
:
Responsible r
' for ''" Verification
,,,
4. !
...
StatusiDatolinitia0.
location of these improvements shall be identified in the plan subject to review and approval by the City; h) Drainage facilities designed to transport flows shall be described and the adequacy of the channel shall be verified by City approval of a detailed drainage analysis; ) An inspection and maintenance program shall be included to ensure that any erosion, which does occur either on or offsite as a result of the project, will be corrected through a remediation or restoration program within a time frame specified by the City; j) Prior to the issuance of a grading permit, the City shall identify a bond amount for implementing the erosion control program and the developer or designee shall provide the City with a bond for this amount; and k) Confirmed observations by the City of uncontrolled runoff being carried onsite will be grounds for suspension or revocation of any grading or building permit in process, or any discretionary permit subsequently applied for until the problem is resolved to the satisfaction of the City Public Works Department.
8-4
Prior to the issuance of building permits, graded but undeveloped land shall be maintained in a relatively weed-free condition and/or planted with interim landscaping within 90 days of completion of grading, unless building permits are obtained.
Site verification
Following grading but prior to issuance of building permits if period between grading and start of construction exceeds 90
12

til
.w,!,, "
Ailkti atiolf 41 " -. it
0,
AC ., .isit.....
1..10 .00601.'11'
Me
of Verification:lot:
tt+ ,-,.,.
Thin o Varift, days
..RennOnsibie. . _ : ADC Verification
StatuniDeteilil a s ' ' """' ,. -.' . .:
8-5
Prior to the issuance of occupancy permits, planting of developed land shall comply with the NPDES Best Management Practices Construction Handbook Section 6.2 Prior to issuance of the first occupancy permit, the developer or its designee shall provide proof to the Public Works Department that the onsite drainage facilities will be maintained by the County, City, HOA, or equivalent. The developer must demonstrate that these facilities will be adequately maintained by an appropriate mechanism or organization, to the satisfaction of the City Public Works Department. Prior to construction of the golf course, the developer or its designee shall demonstrate that the irrigation system(s) for the golf course can accommodate reclaimed water in the future once it is available to the site. This measure shall be implemented to the satisfaction of the City Public Works Director. During the finalization of a contract for the sale of any real property within the Citrus Ranch project site, the seller shall make full and complete disclosure of the existence of any mining operations in the vicinity of the development. Such disclosure shall require the buyer's written acknowledgement of said notice. This disclosure and acknowledgement shall be retained and recorded in perpetuity as part of the residential sales contract. This measure shall be implemented to the satisfaction of the Director of Community Development. During all project site excavation and grading on-site, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with the manufacturers' standards. Construction contractors shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. This measure shall be implemented to the satisfaction of the Community
Review and approval of landscaping plans; Site verification Documentation of agreement for maintenance of onsite drainage facilities
Prior to
issuance of occupancy perm its Prior to issuance of first occupancy permits
City of Indio Department of Public Works City of Indio Department of Public Works
8-6
8_7
Review and approval of irrigation plans; Site verification
Prior to construction of the golf course
9.1
Submittal and approval of proposed disclosure documents; Periodic inspections of residential sales documents
Prior to sale of first residential unit; Ongoing during sale of residential properties
11-
Direct observations; Data sheets to be included with compliance report; Review data sheets during site inspections; Applicant to include any written instruction to equipment operators or construction supervisors 13
Ongoing during site grading

Mathod of Verification of Completion 112 Development Director. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. This measure shall be implemented to the satisfaction of the Community Development Director. The construction contractor shall limit all constructionrelated activities that would result in high noise levels according to the construction hours to be determined by City staff. City of Indio limits construction to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. This measure shall be implemented to the satisfaction of the Community Development Director. The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive land uses or residential dwellings, This measure shall be implemented to the satisfaction of the Community Development Director. The project proponent shall ensure that all homebuyers receive disclosures that identify that construction of subsequent phases will expose the existing home to construction noise. The proposed disclosures shall be approved by City staff prior to the issuance of the first occupancy permit. This measure shall be implemented to the satisfaction of the Community Development Director. Residences in planning areas adjacent to Dillon Road shall be setback to a distance determined by the noise analyst or a noise barrier shall be constructed to specifications determined by the noise analyst and agreed upon by the City Engineer. These specifications shall be determined after the grading plan is complete but prior to the issuance of grading permits. The setback distance or noise barrier shall be sufficient to ensure that the exterior noise level at any Approval of equipment staging Ongoing areas during site grading and construction Responsibie for Verification City of Indio Community Development Department S ttisIDtteilnitials
113
Periodic site inspections
11_ 4
Periodic site inspections
City of India Community Development Department
115
Submittal and approval of proposed disclosure documents and periodic inspections of residential sales documents
Prior to sale of first residential unit, and ongoing during sale of residential properties Prior to issuance of grading permits for planning areas adjacent to Dillon Road
11. 6
Review and approval of development plans for planning areas adjacent to Dillon Road
14
.., .... .t1.1P1-" II.
EXHIBIT C MITIGATION, MONITORING AND REPORTING PROGRAM ;,.1t ,,." . pcipObllf: .:1:.!.TiliV i: Methot : kictrif . M gallon .:..:,:, btiViitifICation 4;4. at g.01 -i ,
- Completion Verification VoiifiCation
,,siitii :
rittiadri. . I,
131
132
residential development does not exceed 65 dBA. This measure shall be implemented to the satisfaction of the Community Development Director. Prior to recordation of the first final tract map, the developer shall dedicate by separate instrument a twoacre site for one "Urban" fire station. The developer shall prepare a fire assessment study to identify fire service requirements. The study is to be submitted for review and approval by the City Manager and Fire Chief. Prior to issuance of the first occupancy permit, the developer shall pay applicable fire facility fees. This measure shall be implemented to the satisfaction of the City Fire Chief. Prior to issuance of the first building permit within a Planning Area, all water mains and fire hydrants required to provide the needs of fire flows must be installed in that Planning Area before any combustible materials are placed on the job site. This measure shall be implemented to the satisfaction of the City Fire Chief. Prior to issuance of the first building permit, a Master Utility Plan that includes water for fire protection purposes must be approved by the Public Works Director. Prior to issuance of building permits for each residential unit, the developer shall pay applicable police facility fees. This measure shall be implemented to the satisfaction of the City Police Chief.
Submittal and approval of dedication documents
Prior to recordation of first tentative tract map
City of Indio City Manager, City of Indio Fire Chief
Submittal and approval of evidence of payment of applicable fees Site verification and testing of hydrants as necessary
Prior to issuance of first occupancy permit Prior to issuance of building permits for each planning area Prior to issuance of first building permit Prior to issuance of building permits for each residential unit Prior to issuance of building permits for each residential unit
City of Indio Fire Chief
133
City of Indio Fire Chief
134
Submittal and approval of Master Utility Plan
City of Indio Department of Public Works City of Indio Police Chief
135
Submittal and approval of evidence of payment of applicable fees
136
Prior to issuance of building permits for each residential unit, the developer shall pay impact fees to the DSUSD at the then current rate. This measure shall be implemented to the satisfaction of the Superintendent of the DSUSD.
Submittal and approval of evidence of payment of applicable fees
DSUSD Superintende nt
15

., . - .:. .1i ;1.. 14- . Mitterciti Ma rune
dr
Method: ... .1,:. , ptVorification -- , , r,._.: QC; . . .' .Rr I'
-: .
, V
.. .til of. .... . :. tin
Responsible . for " " : .. ..: .!:' Vorinattion City of Indio Community Development Department
,I . A.tatuslOatiallfliti
1
14-
15-
Prior to the issuance of occupancy permits, the developer shall comply with all applicable City of Indio ordinances pertaining to recreation, including the payment of applicable fees and/or the dedication of lands. This measure shall be implemented to the satisfaction of the Director of Community Development. I Prior to the issuance of building permits, the developer shall petition for and complete formation of or annexation to the Coachella Valley Recreation and Park District's Landscaping and Lighting Assessment District, and shall pay the costs of such formation and annexation, not to exceed $6,000. This measure shall be implemented to the satisfaction of the Director of Community Development. Prior to issuance of building permits, the developer shall participate in the phased construction of roadway segments along Dillon Road as identified in the project TIA. This measure shall be implemented to the satisfaction of the Director of Public Works. The developer shall pay all established City of Indio impact fees and participate in the County's TUMF program for the Coachella Valley. This work shall include construction of offsite facilities under appropriate fee credit agreements for lane improvements at specified intersections, as outlined in the project TIA. The developer shall participate in their fair share of the improvements planned for the 1-10 Freeway ramps at Golf Center Parkway and Dillon Road, and SR-86S ramps at Dillon Road. This measure shall be implemented to the satisfaction of the Director of Public Works. Prior to issuance of the specified building permits, the developer shall participate in the phased construction of improvements and traffic signals at the following intersections through payment of an established City of Indio impact fee and participation in the TUMF program, or construction of offsite facilities under
Submittal and approval of evidence of payment of applicable fees and/or dedication of lands
Prior to issuance of occupancy permits
Submittal of evidence of formation and/or annexation into the Assessment District
Prior to issuance of building permits
Review of plans and specifications, site inspections
Prior to issuance of building permits for each phase Prior to issuance of first building permit; Prior to issuance of 2,000th building permit
City of Indio Department of Public Works City of Indio Department of Public Works
15.
Submittal and approval of evidence of payment of applicable fees and/or construction of required facilities
15-
Submittal and approval of evidence of payment of applicable fees and/or construction of required facilities 16
Prior to issuance of building permits for each phase

1 Mitigati _ . Measu ethoci of Verification of &don . .. Timing of Verification Responsible for
Verification
Status/Date/Initial*
appropriate fee credit agreements for improvements and/or traffic signals at the following intersections, as outlined in the project TIA and as shown in EIR Exhibit 3.15-3: Prior to issuance of first building permit. Golf Center Drive at Avenue 44; 1-10 Freeway Ramps at Golf Center Parkway; Dillon Road at "B" Street; Dillon Road at "C" Street; Dillon Road at Avenue 44; Dillon Road at Vista Del Norte; and Dillon Road at the 1-10 Freeway Ramps. Prior to issuance of the 2,000th building permit Dillon Road at Avenue 38 Traffic signals shall include interconnections so they can function as a coordinated system once completed. This measure shall be implemented to the satisfaction of the Director of Public Works. Prior to issuance of building permits, the developer shall install the site-specific circulation and access recommendations shown in EIR Exhibit 3.15-4 and as recommended in the project TIA. This measure shall be implemented to the satisfaction of the Director of Public Works.
15-
Review and approval of design and building plans; Site verification
City of Indio Department of Public Works, City of Indio Community Development Department City of Indio Department of Public Works, City of Indio Community Development Department
155
Prior to issuance of the first building permit for each phase, the developer shall submit plans to the City for review and approval. The plans shall show bicycle racks and other non-vehicular transportation improvements for the proposed parks, clubhouse facilities, etc. The developer shall install these and other reasonable improvements recommended by the City, to the satisfaction of the Director of Public Works and the Director of Community Development.
17

I., . . , [jo,, !i.i.o.. 156 mitigationEWes ,: : Method of Vedfloatiet1:0 Completion of .: . .:.:':...Timing. _, virtitOatOn Prior to approval of tract maps and/or issuance of building permits for each phase FlesPensilJfe: . Li:,: isi ,. iiir I. ,' "S viiification City of Indio Department of Public Works, City of Indio Community Development Department D nitiP!*:.
157
Prior to approval of any tract maps or issuance of the first building permits for each phase, the developer shall contact the SunLine Transit Agency (STA) in writing to determine if any additional bus stops are required along the appropriate segment of Dillon Road or within the development. The developer shall install up to three shaded bus stops along Dillon Road if so requested by STA. The developer shall provide documentation from the STA regarding the construction of the bus stops prior to the issuance of occupancy permits for these areas. STA will also be consulted regarding tract map design to assure that the project has adequate access to transit. This measure shall be implemented to the satisfaction of the Director of Public Works and the Director of Community Development. Prior to issuance of building permits for phases adjacent to Dillon Road, the developer shall construct a bicycle lane along the west side of the roadway consistent with City plans and specifications. This measure shall be implemented to the satisfaction of the Director of Public Works and the Director of Community Development. Prior to issuance of the first grading permit, the developer shall provide a verified final water supply assessment to the Department of Public Works that clearly defines and delineates the project's water supply as required under state law. This measure shall be implemented to the satisfaction of the Director of Public Works. Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), the applicant shall submit landscape plans to and receive approval from the Community Development Department. These plans shall include state-of-the-art water conservation devices for landscape irrigation, including electronic drip irrigation and sprinkler systems controlled by
Written verification from STA regarding necessity of construction of bus stops; Site verification
City of Indio Department of Public Works, City of Indio Community Development Department City of Indio Department of Public Works
161
Submittal and approval of verified Water Supply Assessment
Prior to issuance of first grading permit
162
Submittal and approval of landscaping and irrigation plans; Site verification
18

414 :: .. iNi!llqi'oi',k- 4,:,4411110
OW
I.
:Method Verificationf.:.,Liwiiiii .,, T110.00 .0 Completion ..SilfiSation - :
Responsible IJOi I l: Ver11116iition'
Std
SiDate/IriltiWs
163
164
165
hygrometers installedin landscaped areas to deliver water when actually needed by plants. These systems shall be maintained on a regular basis. This measure shall be implemented to the satisfaction of the Director of Community Development. Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), development plans shall be provided as they become available to the Imperial Irrigation District, the Southern California Gas Company, and other local utility providers in order to facilitate engineering, design and construction of improvements necessary to provide utility service to the project site. This measure shall be implemented to the satisfaction of the Director of Public Works. Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), the applicant shall comply with guidelines provided by utility providers in regards to easement restrictions, construction guidelines, protection of pipeline easements, and potential amendments to right-of-way in the areas of any existing easements of these providers to prevent impacts from construction on existing utility lines. This measure shall be implemented to the satisfaction of the Director of Public Works. Prior to issuance of the first grading permit, the developer shall provide a final sewer plan, including a capacity study, to the Department of Public Works. This measure shall be implemented to the satisfaction of the Director of Public Works and Director of Community Development.
Approval of evidence of submittal of development plans to appropriate utility service providers
Approval of evidence of submittal of development plans to appropriate utility service providers
Submittal and approval of final sewer plan
Prior to issuance of first grading permit
City of Indio Department of Public Works, City of Indio Community Development Department
19
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 05-11-74 WHEREAS, On November 8, 2005 SunCal Companies filed with the City of Indio, an application for a General Plan Amendment to change the City's General Plan Land Use designation from Open Space to Specific Plan and the Riverside County Land Use designations from Open Space Conservation and Light Industrial to Specific Plan for the 1,183 acres located west of Dillon Road and north of the City of Indio city limits; and, WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City conducted an environmental assessment of the Project and determined that the Project could have a significant effect on the environment; therefore, an Environmental Impact Report has been prepared; and, WHEREAS, the EIR concluded that most of the environmental impacts of the Project could be mitigated to a less than significant level, except impacts on Air Quality and Mineral Resources; and, WHEREAS, on December 13, 2006, the Planning Commission of the City of Indio, as an advisory body to the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and considered the EIR pursuant to CEQA Guidelines Section 15025 Subsection (c), considered testimony related to the proposed General Plan Amendment, concluded its proceedings and recommended approval of the General Plan Amendment; and, WHEREAS, on January 17, 2007, the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and certified the EIR pursuant to CEQA , considered testimony related to the proposed General Plan Amendment, and concluded its proceedings. NOW, THEREFORE, CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: Section 1. The City Council hereby acknowledges it has reviewed and considered and certified the Environmental Impact Report pursuant to the California Environmental Quality Act.
Section 2. General Plan Amendment 05-11-74 is hereby APPROVED based on the following findings: 1. The General Plan Amendment from the City of Indio General Plan designation of Open Space to Specific Plan and the County of Riverside's General Plan Land Use designations from Open Space Conservation and Light Industrial to Specific Plan will promote the public health, safety, welfare, and will provide a community benefit to the City of Indio because the Specific Plan will provide for a variety of housing, open space, recreational and commercial uses. The proposed General Plan Amendment will be compatible with the planned mixed uses proposed for the general area and will provide for municipal level serves in an area of increasing urban development. The City Council has reviewed and considered and certified the Environmental Impact Report pursuant to CEQA. The proposed General Plan Amendment will not conflict with the goals and policies of the General Plan, or the provisions of the Zoning Code, or any applicable specific plan.
2.
3.
4.
Section 2. That the above recitations are true and correct and constitute the findings of the City Council regarding General Plan Amendment 05-11-74. PASSED, APPROVED, and ADOPTED this 17th day of January, 2007 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT:
Ben Godfrey, Mayor, ATTEST:
Cynthia Hernandez, City Clerk

LAPROJECT DOCUMENTSCitrus Ranch\Reso's\PC Reso per OmarVINDIO Citrus Ranch General Plan CC Reso vi. OS REV.doc
ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA APPROVING OF CHANGE OF ZONE (PRE-ZONING) 06-11648. WHEREAS, On November 8, 2005, SunCal Companies filed with the City of Indio, an application for a Change of Zone to pre-zone and change the City of Indio's designation from Open Space and the County of Riverside's designation from Open Space Conservation and Light Industrial to Specific Plan on 1,183 acres generally located west of Dillon Road and north of the City limits; and, WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City conducted an environmental assessment of the Project and determined that the Project could have a significant effect on the environment; therefore, an Environmental Impact Report has been prepared; and, WHEREAS, the EIR concluded that most of the environmental impacts of the Project could be mitigated to a less than significant level, except impacts on Air Quality and Mineral Resources; and, WHEREAS, on December 13, 2006, the Planning Commission of the City of Indio, as an advisory body to the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and considered the EIR pursuant to CEQA Guidelines Section 15025 Subsection (c), considered testimony related to the proposed Change of Zone, concluded its proceedings, and recommended that the City Council approve the Change of Zone; and, WHEREAS, on January 17, 2007, the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and certified the EIR pursuant to CEQA Guidelines, considered testimony related to the proposed Change of Zone, and concluded its proceedings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,
CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council has reviewed, considered and certified the EIR pursuant to the CEQA Guidelines. Section 2. Change of Zone 06-11-648 is hereby APPROVED based on the following findings: 1. The proposed Change of Zone is consistent with the goals and policies of the Indio General Plan 2020. The Specific Plan zone is appropriate for this location. 2. The proposed Change of Zone is consistent with the Indio Zoning Ordinance, insofar as the Citrus Ranch Specific Plan provides development standards for a variety of housing, open space, recreational and commercial uses which will be developed on the site. The City Council has reviewed, considered and certified the Environmental Impact Report pursuant to CEQA Guidelines. day of January, 2007 by the
3.
PASSED, APPROVED, and ADOPTED this following vote, to wit: AYES: NOES: ABSTAIN: ABSENT:
Ben Godfrey, Mayor ATTEST:
LAPROJECT DOCUMENTSICitrus RanchlCitrus Ranch Change of Zone PC Reso.v2.doc
ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING THE CITRUS RANCH SPECIFIC PLAN (0511-16); CITRUS RANCH (SUNCAL COMPANIES). WHEREAS, on November 8, 2005 the Suncal Companies filed an application for the consideration of the Citrus Ranch Specific Plan; and to establish the land use and development regulations for the Citrus Ranch community; and, WHEREAS, the Citrus Ranch Specific Plan establishes the land use densities, intensities, development policies and land use regulations for development of the Citrus Ranch Community: and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City conducted an environmental assessment of the Project and determined that the Project could have a significant effect on the environment; therefore, an Environmental Impact Report has been prepared; and, WHEREAS, the EIR concluded that most of the environmental impacts of the Project could be mitigated to a less than significant level, except impacts on Air Quality and Mineral Resources; and, WHEREAS, on December 13, 2006, the Planning Commission of the City of Indio, as an advisory body to the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and considered the EIR pursuant to CEQA Guidelines Section 15025 Subsection (c), considered testimony related to the proposed Specific Plan, concluded its proceedings, and recommended approval of the Specific Plan; and, WHEREAS, on January 17, 2007, the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and certified the EIR pursuant to CEQA, considered testimony related to the proposed Specific Plan, and concluded its proceedings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: SECTION 1. Citrus Ranch Specific Plan (SP 05-11-16) is hereby APPROVED subject to the following findings: 1. That the Citrus Ranch Specific Plan is consistent with the goals and policies of the Indio General Plan 2020. The Specific Plan will facilitate the orderly development of a mixed-use development. That the Citrus Ranch Specific Plan is consistent with the Indio Code of Ordinances.
2.
3.
The City Council, has reviewed, considered and certified the Environmental Impact Report pursuant to CEQA.
SECTION 2. That the above recitations are true and correct and constitute the findings of the City Council regarding the Specific Plan and this project. SECTION 3. That the Citrus Ranch Specific Plan (SP 05-11-16) is on file in the Office of the Planning Commission Secretary.
PASSED, APPROVED, and ADOPTED this vote, to wit: AYES: NOES: ABSENT:
day of January 2007, by the following
Ben Godfrey Mayor ATTEST:
LIPROJECT DOCUMENTS\Citrus Ranch Reso's1PC Reso per OmarNINDIO CC Spec Plan Resol vi OS REV.doc
ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 06-10-22; SUNCAL COMPANIES (CITRUS RANCH) WHEREAS, on November 8, 2005 SunCal Companies ("Developer") initiated an application with the City of Indio for: (i) Development Agreement 06-10-22 (the "Development Agreement"), (ii) General Plan Amendment 05-11-74, (iii) Change of Zone (Pre-Zone) 06-11-648 to change applicable zoning from Open Space, Open Space Conservation and Light Industrial to Specific Plan, (iv) Specific Plan 05-11-16, Tentative Tract Map 34485 (TM 06-10-447), and (v) Tentative Tract Map 35057 (TM 0610-448) "the Project Entitlements" or the "Project", as to property generally located on the west side of Dillon Road north of the Indio City limits; and, WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City conducted an environmental assessment of the Project and determined that the Project could have a significant effect on the environment; therefore, an Environmental Impact Report has been prepared; and, WHEREAS, the EIR concluded that most of the environmental impacts of the Project could be mitigated to a less than significant level, except impacts on Air Quality and Mineral Resources; and, WHEREAS, on December 13, 2006, the Planning Commission of the City of Indio, as an advisory body to the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and considered the EIR pursuant to CEQA Guidelines Section 15025 Subsection (c), considered testimony related to the proposed Development Agreement, concluded its proceedings and recommended approval of the Development Agreement; and, WHEREAS, on January 17, 2007, the City Council conducted a duly advertised public hearing, reviewed staff reports, reviewed and certified the EIR, considered testimony related to the proposed project, and concluded its proceedings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: Development Agreement 06-10-22 is hereby approved and adopted based on the following findings: 1. The Development Agreement and the proposed project are consistent with the goals and policies of the Indio General Plan 2020 encouraging high quality residential projects inclusive of a variety of housing types, significant amenities, community parks, and open space.
2. The Development Agreement and the proposed project are consistent with the densities and uses for the project site specified in the Indio General Plan 2020 and the other Project Entitlements. 3. The Development Agreement and the proposed project are consistent with the General Plan Amendment as proposed to be amended. 4. The Development Agreement and the proposed project are consistent with the Zoning Ordinance of the City of Indio, compatible with the present and future logical growth of the proposed project area (as envisioned in the Indio General Plan 2020 and designed to protect and promote the public health, safety and welfare. 5. The City Council hereby certifies the Final Environmental Impact Report, inclusive of the Draft Environmental Impact Report, technical studies, Statement of Overriding Considerations and the Mitigation Monitoring Program prepared for this proposed project and independently reviewed and considered it as part of its review of the proposed project. The City Council has determined that all impacts other than those pertaining to Air Quality and Mineral Resources are, or can be mitigated to a level less than significant by mitigation measures required by the Mitigation Monitoring Program adopted with respect to the proposed project. THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, FURTHER ORDAINS AS FOLLOWS: Section 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. Section 2. That a full executed copy of the Development Agreement between the City of Indio and SunCal Companies is on file in the office of the City Clerk and will be recorded at the office of the Recorder for Riverside County. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause a summary of same to be published once in the Desert Sun, a newspaper of general circulation, printed, published and circulated within the City of Indio and the same shall be in force and effect thirty days after its adoption. PASSED, APPROVED, and ADOPTED this following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: day of January, 2007 by the
Ben Godfrey Mayor ATTEST:

L: \PROJECT DOCUMENTSICitrus RanchlResds\PC Reso per Omar\INDIO Development Agreement CC Reso vl OS REV.doc
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 34485 (TM 06-10447), TO SUBDIVIDE APPROXIMATELY 1,183 ACRES OF LAND INTO 37 PLANNING AREAS GENERALLY LOCATED ON THE WEST SIDE OF DILLION ROAD NORTH OF THE CITY LIMITS; SUNCAL COMPANIES (CITRUS RANCH). WHEREAS, on November 8, 2005 SunCal Companies, filed with the City of Indio, an application for Tentative Tract Map 34485 to subdivide approximately 1,183 acres into 37 Planning Areas for Master Planning of the Citrus Ranch Specific Plan Community for property generally located on the west side of Dillon Road north of the City limits; and, WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City conducted an environmental assessment of the Project and determined that the Project could have a significant effect on the environment; therefore, an Environmental Impact Report has been prepared; and, WHEREAS, the EIR concluded that most of the environmental impacts of the Project could be mitigated to a less than significant level, except impacts on Air Quality and Mineral Resources; and, WHEREAS, the City processed the Tentative Tract Map pursuant to the State Subdivision Map Act and the Subdivision Ordinance of the City of Indio; and, WHEREAS, on December 13, 2006, the Planning Commission of the City of Indio, as an advisory body to the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and considered the EIR pursuant to CEQA Guidelines Section 15025 Subsection (c), considered testimony related to the proposed Tentative Tract Map, and concluded its proceedings. WHEREAS, on January 17, 2007, the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and certified the EIR pursuant to CEQA , considered testimony related to the proposed Tentative Tract Map, and concluded its proceedings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: SECTION 1 APPROVAL of Tentative Tract Map 34485 (TM 06-10-447) based on the following findings: Findings for Tentative Tract Map 34485:
1. The proposed Tentative Tract Map is consistent with the goals and objectives of the Indio General Plan 2020. The proposed density of the map is consistent with the Specific Plan land use designation. 2. The design and improvements of the proposed subdivisions are consistent with the requirements of the City of Indio General Plan and the Zoning Ordinance. Development standards relating to setbacks and site improvements meet the standards of the City of Indio General Plan and are compatible with the standards of the Specific Plan zone district. 3. The site is physically suitable for this type of development. The subject property is relatively flat. 4. The City Council, has reviewed, considered and certified the Final Environmental impact Report, adopted as Statement of Overriding Considerations and adopted a Mitigation Monitoring Program pursuant to CEQA. 5. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of the property. 6. The design of the subdivisions shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions. SECTION 2 APPROVAL of Tentative Tract Map 34485 (TM 06-10-447) subject to the following conditions: Conditions of Approval for TTM 34485:
1. Approval of Tentative Tract Map 34485 shall be contingent on approval of the SCC/I ndio Citrus Ranch, LLC Development/Pre-Annexation Agreement, General Plan Amendment GPA 05-11-74, Change of Zone (Pre-Zone) CZ 05-11-648, and Citrus Ranch Specific Plan SP 05-11-16, and shall comply with all conditions of approval contained therein. 2. Tentative Tract Map 34485 shall expire two (2) years from the date of approval, unless extended pursuant to the City of Indio Subdivision Ordinance and the State Subdivision Map Act. 3. The applicant/developer shall execute an indemnification agreement with the City of Indio to the satisfaction of the City Attorney within twenty (20) days of City Council approval. 4. Development shall occur substantially as shown on the submitted plans and as modified herein. Detailed construction plans showing compliance with this
approval shall be submitted to the Building Division for review and approval prior to the issuance of any building permits. 5. Applicant/developer shall deliver to the Community Development Department a cashier's check, money order or other acceptable form of payment made payable to the Riverside County Clerk in the amount to enable the City to file the Notice of Determination and fee for fish and game review fee required pursuant to Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. Any additional fees that may be attributed to the required filing of environmental documentation shall be paid by the applicant/developer. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Development Services Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711 4(c). 6. The applicant or successor in interest shall submit CC & R's in a form acceptable to the City Attorney, for the proposed subdivision(s). The CC& R's shall include provision for the maintenance of: a. All interior and exterior common areas including retention basins and landscaping b. Graffiti abatement for the interior and exterior or the preceding areas. c. Maintenance and operations of the streetlights including street lighting power costs. d. Maintenance of all frontage landscaping. The CC & R's shall be submitted for review by the Community Development Services/Building and Safety Director, the City Attorney and the Public Works Department prior to the recordation of Tentative Tract Map 34602. The applicant or successor in interest shall submit a deposit of $3,500 to cover legal costs Incurred by the City in its review of CC &R's and related documents prior to their recordation. The Homeowners Association shall comply with the City of Indio [nsurance requirements. The CC & R's shall be recorded prior to recordation of final map. The property owner or successor in interest shall participate in any future Cityinitiated Community Facilities Districts for public facilities or public services. The subdivider shall cause a covenant to be recorded on all lots within Tentative Tract Map 34485 advising of the owner's obligation to participate in any future Community Facilities District for such public facilities or public services. 8. The applicant/owner shall cause to be recorded against the subject property these and all related conditions of approval with the Riverside County Recorder. 9. The applicant shall satisfy all Building Department, Public Services Department, Engineering Services Department, Police Department, and Fire Department
requirements. It is the responsibility of the entitled entity to review this project with the noted departments. 10. The applicant/developer shall pay school fees as required by law and/or Desert Sands Unified School District. Applicant shall pay all City of Indio Capital Impact fees as set forth in the SCC/Indio Citrus Ranch, LLC Development/Pre-annexation Agreement. 11 The applicant's obligation for public park and/or Quimby in lieu fees shall be as set forth in the SCCllndio Citrus Ranch, LLC Development/Pre-annexation Agreement. 12. Prior to the recordation of the first Final Tract Map, the applicant shall submit a revised Specific Plan designating a 4-5 acre community park within Phase 1 at a location to approved by the Community Development Director. 13 The building construction plans shall include a blue-line sheet(s) showing all conditions of approval contained herein. 14 The golf course shall be developed in accord with DA 06-10-22, entitled "DEVELOPMENT AND PRE-ANNEXATION AGREEMENT." 15 The public park area located in the northerly boundary of the Citrus Ranch community shall be developed prior to the issuance of the first certificate of occupancy in the project phase including the public park area. 16 Developer shall comply with the requirements of Indio Fire Services applicable to the project prior to the City's issuance of the first building permit in the project. 17 The development is subject to all conditions of approval from the Environmental Mitigation Measures attached as Exhibit A, the Public Works/Engineering Department conditions of approval attached as Exhibit B, the Fire Department conditions of approval attached as Exhibit C and the Police Department conditions of approval attached as Exhibit D. 18 Prior to the issuance of building permits for each phase of development including this map, applicant is obligated to design, construct, and provide right of way for three (3) Indio Water Authority ("IWA") water storage facilities on sites deemed acceptable to the City Engineer ("Water Storage Sites"). Each of the Water Storage Sites will contain the tank(s) and booster station equipment adequate to serve three (3) pressure zones. Furthermore, the Water Storage Sites may be large enough to accommodate future IWA zone expansion and the transmission lines corresponding to each of the Water Storage Sites shall be sized to serve the zone(s) to which they transmit water. 19 Pursuant to Government Code 66454, approval of Tentative Tract Map 35057 shall be contingent on the annexation of all property subdivided by the map to the City on or before June 30, 2008 or such subsequent date as may be determined
based upon intervening "Development Limitations" as that term is defined in Section 3.1 of DA 06-10-22, entitled "DEVELOPMENT AND PRE-ANNEXATION AGREEMENT, or per the Parties' written agreement. SECTION 3 That the above recitations are true and correct and constitute the findings of the City Council regarding Tentative Tract Map 34485 (TM 06-10-448). PASSED, APPROVED, and ADOPTED this 17th day of January 2007, by the following vote, to wit:
AYES: NOES: ABSENT:
BEN GODFREY, MAYOR CITY OF INDIO, CALIFORNIA ATTEST:
CYNTHIA HERNANDEZ CITY CLERK
CITRUS RANCH MITIGATION MEASURES
1. During all phases of construction, all equipment shall be properly and routinely maintained, as recommended by manufacturer manuals. This measure shall be implemented to the satisfaction of the Community Development Director. During all phases of construction, all contractors shall restrict idling time to five minutes or less in any given hour. This measure shall be implemented to the satisfaction of the Community Development Director. 3. Where feasible, alternative clean fuels such as compressed natural gas-powered equipment with oxidation catalysts shall be used instead of gasoline or diesel-powered engines. However, where diesel equipment has to be used because of a lack of alternatives, the construction contractor shall use particulate filters, oxidation catalysts, and low sulfur diesel as defined in SCAQMD Rule 431.2. This measure shall be implemented to the satisfaction of the Community Development Director. 4. Where feasible, aqueous or emulsified diesel fuel shall be used for all construction equipment. This measure shall he implemented to the satisfaction of the Community Development Director. 5. During construction of Phases 2 and 3, temporary power from the power grid shall be provided onsite for electric tools such as saws, drills, and compressors, thereby decreasing the need for fuel-powered generators and other fuel-powered equipment. This measure shall be implemented to the satisfaction of the Community Development Di rector. 6. Zero-VOC paints (assumes no more than 100 grams/liter of VOC) shall be used where feasible. This measure shall be implemented to the satisfaction of the Community Development Director.
7. Prior to the issuance of a building permit, plans to incorporate the following mitigation measures shall be implemented in accordance with the Community Development Director. Homes shall be built in a manner that meets or exceeds the statewide energy .zonstruction requirements to at least Title 24 and shall include the following: Install efficient heating and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces and boiler units to at least Title 24 requirements; Insulation shall meet or exceed Title 24 requirements; Double-paned windows and energy efficient doors shall be installed; Install electrical outlets on the exterior walls of both the front and back of residences to promote the use of electric landscape maintenance equipment; When feasible, design buildings with proper orientation, fenestration, and other design components that maximize the potential of passive cooling and heating to the maximum extent possible. 8. To discourage the burning of wood in fireplaces, gas-burning fireplaces shall be installed where builders are including fireplaces in their projects. This measure shall be implemented to the satisfaction of the Community Development Director. fa reduce road dust, a street sweeper shall clean the streets a minimum of once every month or more frequently as needed. This measure shall be implemented to the satisfaction of the Community Development Director. 10. During the sale of the residences, electric solar panels and solar-powered water heaters shall be presented to the home-buyers as an option. This measure shall be implemented to the satisfaction of the Community Development Director. 11. Prior to the issuance of grading permits, the project applicant shall comply with the terms set forth in the MOU with respect to measures designed to protect or preserve biological resources, irrespective of whether the CVMSHCP is fully adopted. In the event that the CVMSHCP is not fully adopted, the project applicant shall pay the Fringe-toed lizard habitat assessment fee applicable to the project, if any. This measure shall be implemented to the satisfaction of the Community Development Director. 12. If grading is to begin during the breeding season, a radius of 50 meters (approximately 165 feet) will be marked around all active burrowing owl burrows, and no grading activities or other disturbances will take place within this 50-meter radius. All active 1)utTows will be monitored by a qualified biologist until the breeding season is over and any young occupying the burrow have fledged and become independent. Subsequently, mitigation will proceed as outlined in Condition 13 for the non-breeding season. This measure shall be implemented to the satisfaction of the Community Development Director. 13. During the non-breeding season, burrowing owls within all occupied burrows will be passively excluded from occupied burrows by a qualified biologist using one-way doors. Once the owls have been evicted, burrows will be collapsed to prevent reoccupation.
This measure shall he implemented to the satisfaction of the City Community Development Director. 14. To prevent potential impacts to nesting birds, the removal of vegetation or other potential nesting habitat should take place, to the extent feasible, outside of nesting season (generally February 15 to August 15). Where this is not feasible, a survey for nesting birds will be conducted no more than seven days prior to the commencement of any ground or vegetation disturbing activities. All active bird nests will be mapped and marked with a 200-foot avoidance perimeter. Ground or vegetation disturbing activities will he postponed until a qualified biologist has determined that the nests are no longer active. This measure shall be implemented to the satisfaction of the Community Development Director. 15. To avoid permanent adverse impacts to the 5.4-acre mesquite hummock area on the project site, a similarly sized mesquite hummock will be created within the project's preserved open space. A draft revegetation plan in compliance with the MOU will be produced and submitted to the CVCC prior to the issuance of grading permits. The draft plan will consider and incorporate where appropriate the criteria for this restoration/enhancement/revegetation effort provided in Exhibit "S" of the MOU documents, which are included as part of the technical appendices of the DEIR. The plan shall not require the City or project applicant to provide funds for long-term management of the area, but shall provide mechanisms whereby permanent management, maintenance, monitoring, and funding will occur by means of Codes, Covenants and Restrictions, a Homeowner's Association, or other applicable arrangement. This measure will be implemented to the satisfaction of the Community Development Director, and shall be contingent upon prior approval of the revegetation plan by the CVCC. 16. To reduce impacts to stabilized and partially stabilized desert sand fields to below a level of significance, the developer or its designee shall restore, revegetated, and/or enhance approximately 29 acres of stabilized and partially stabilized desert sand fields within the project site. A draft revegetation plan in compliance with the MOU will be produced and submitted to the CVCC prior to the issuance of grading permits. The draft plan will consider and incorporate where appropriate the criteria for this restoration/enhancement/revegetation effort provided in Exhibit "S" of the MOU documents, which are included as part of the technical appendices of the DEIR. The plan shall not require the City or project applicant to provide funds for long-term management of the area, but shall provide mechanisms whereby permanent management, maintenance, monitoring, and funding will occur by means of Codes, Covenants and Restrictions, a Homeowner's Association, or other applicable arrangement. This measure will be implemented to the satisfaction of the Community Development Director, and shall be contingent upon prior approval of the revegetation plan by the CVCC. 17. The project proponent shall install signs at all trailheads with educational information about the history of the region, including Native American history and culture in the area. The trails themselves shall be positioned to avoid sensitive sites. Without revealing the :ocation of any known prehistoric sites, the signs should explain that natural and cultural
resources have significance and must be preserved without damage or vandalism for future generations. This measure shall he implemented to the satisfaction of the Community Development Director. 18. During the initial ground-clearing/grubbing and mass-grading of the project site, archeological monitoring by a qualified archeologist shall be initiated. Monitoring shall also occur during the excavation of trenches and other secondary earthmoving activities. In later stages, limited -spot" monitoring shall be implemented. In the event that cultural resources are discovered, excavation must be halted in the vicinity of the find and the archeologist must be notified. Excavation in the area shall not proceed until the archeologist has made a determination as to the significance of the find and the necessary course of action. This measure shall be implemented to the satisfaction of the Community Development Director. 19. Prior to the issuance of grading permits for Planning Areas 1, 2, and 3, detailed Fault/Seismic Investigations within the areas proposed for development in the Indio Hills shall he conducted by a State of California Certified Engineering Geologist to determine the extent and seventy of on-site faulting within those areas. These investigations are to be submitted in conjunction with any tentative tract maps that implement the Specific Plan. Faults located within the project site are to be regarded as "active" unless determined by these studies. Appropriate fault setbacks and/or engineering controls shall be established within these planning areas for occupied structures proximate to active faults. All investigations, setbacks, and/or design recommendations shall be identified and implemented to the satisfaction of the City Engineer. 20. Prior to the issuance of building permits for any planning area, the developer shall demonstrate that all occupied or inhabited structures will be able to withstand a horizontal seismic acceleration of 1.0 g. Specific design-level geotechnical reports shall he prepared by a State of California Certified Engineering Geologist for the proposed community center, boutique hotel, club house, bridges, and residential structures based on actual plans to determine that these structures meet required design criteria. This measure shall be implemented to the satisfaction of the City Engineer. 21. Prior to the issuance of grading permits for any planning area, further geotechnical studies as recommended in the Fault/Seismic Investigation (see GSI 2006, p. 63, item 7) shall be conducted by a State of California Certified Engineering Geologist to determine the possibility and extent of severe localized horizontal seismic accelerations due to localized and site-specific characteristics. In such cases where site-specific analysis identify potential risks, appropriate foundation or other design solutions, including additional setbacks, shall be implemented to protect residents and structures against such hazards. All investigations and solutions shall be implemented to the satisfaction of the City Engineer. 22. Prior to the issuance of grading permits for planning areas within or adjacent to the Indio Hills, a detailed geotechnical slope stability investigation shall be performed by a State of California Certified Engineering Geologist to determine additional setbacks or other
measures required to mitigate potential slope stability hazards. All investigations and any mitigation measures thus derived shall be implemented to the satisfaction of the City Engineer. 23. Prior to issuance of building permits that involve any above-ground water feature, tank, or reservoir, appropriate engineering design analyses shall be prepared to address the potential threat of flooding created by seiching during periods of high horizontal seismic acceleration. Appropriate flood control measures adjacent to and downstream of these features shall also be installed as needed. All investigations and any engineering and construction measures conducted in response to these requirements shall be implemented to the satisfaction of the City Engineer. 24. All recommendations identified in the site-specific geotechnical investigations specific to this project conducted by Earth Systems Southwest, dated February 18, 2006 (ESS 2006b), and GeoSoils, Inc., dated March 21, 2006 (GSI 2006) shall be implemented on the project site. Those recommendations are found in Section 4 of the ESS 2006b report, pages 62 through 64 of the GSI 2006 report. Those recommendations shall be implemented to the satisfaction of the City Engineer. Those recommendations include, but are not necessarily limited to, the following: a) All structures will be designed for earthquake resistance by an engineer experienced with seismic design in accordance with the minimum intent of the California Building Code. Such design should mitigate against such factors as ground subsidence, hydroconsolidation, liquefaction, and other typical geotechnical conditions; and; h) Major underground or above-ground utility lines that cross active faults will be constructed at high angles approaching perpendicular. Cut-off valves will be located on both sides of the zone of active faulting to facilitate repair or emergency shut-off, as warranted. 25. During grading and/or construction as needed, the City shall retain a State of California Certified Engineering Geologist to observe compliance with the above mitigation measures and to provide guidance on any necessary design changes in the event that subsurface conditions differ from those anticipated prior to the start of construction. The City Engineer or designated representative shall be notified of the anticipated grading period prior to grading to facilitate monitoring by the City where desired. The City Engineer or designated representative shall be consulted regarding any substantial changes during construction 26. Prior to site grading, soils in the vicinity of the drainpipe in the south storage building must he remediated to meet the requirements of the California Environmental Protection Agency (CEPA). This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 27. Contaminated soils surrounding the above-ground storage tanks must be removed and/or remediated to meet the requirements of the CEPA. Any soils removed must be disposed of in accordance with applicable laws and regulations. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative.
28. Prior to the initiation of site grading, a State of California Certified Engineering Geologist shall conduct a geotechnical survey in those areas where organic waste solids from citrus processing and water disposal practices may have adversely affected the engineering properties of the soil. If recommended by the geotechnical specialist, grading protocols and/or other remediation measures must be incorporated into grading and site preparation procedures for the proposed project. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 29. If during construction activities on the project site, any discolored soil, soils with an unusual odor, or undocumented subsurface structures are encountered, a qualified soil investigation professional shall investigate the soil, and if necessary procure samples for testing. Any contamination shall be properly remediated to meet the requirements of the CEPA. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 30. If previously undocumented and abandoned septic tanks, pits or leach lines are uncovered, the Riverside County Department of Public Health shall be contacted to coordinate the proper abandonment of these features. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 31. All spills or leakage of petroleum products during construction activities must be remediated in compliance with applicable state and local regulations regarding cleanup and disposal of the contaminant released. The contaminated waste must be collected and disposed of at an appropriately licensed disposal or treatment facility. This measure is to he implemented to the satisfaction of the City Engineer or a qualified representative. 32. Prior to issuance of grading permits, the developer or its designee shall coordinate the design and obtain approval of all flood control and storm drain structures as identified in the project hydrology studies. The developer or designee shall provide evidence of this approval to the City of Indio Public Works Department. These improvements shall be consistent with any master planning efforts of the CVWD. 33. fhe developer or its designee shall obtain a General Permit for Storm Water Discharge Associated with Construction Activity (Construction Activity General Permit). The developer or designee shall provide a copy of this permit to the City Public Works Department prior to the issuance of grading permits. 34. Prior to the issuance of grading permits, the developer or its designee shall prepare a Water Quality Management Plan (WQMP) and an Erosion and Sediment Control Plan (ESCP) to implement the most appropriate BMPs and to prevent any significant removal and/or downstream deposition of soil from the project site during construction. The WQMP and ESCP shall contain provisions requiring that all erosion control measures and structures he maintained and repaired as needed for the life of the project. Prior to he issuance of a grading permit, the City Public Works Department shall approve the WQMP and ESCP based on review and input by the RWQCB. At the request of the
developer, the City Public Works Department may accept a Storm Water Pollution Prevention Plan (SWPPP) as a substitute for the ESCP as long as it fulfills the intent of this measure to an equivalent degree. The SWPPP or ESCP shall be prepared to the satisfaction of the City Public Works Department. The WQMP and ESCP or SWPPP shall include, but is not limited to, the following: a) Specify the timing of grading and construction to minimize soil exposure to winter rain periods experienced in Southern California; b) The natural vegetation shall be retained on all areas that will not be disturbed for grading. except areas that must be cleared and revegetated as part of a fuel modification program; c) All slopes greater than five feet in height shall be evaluated to define the optimum length and steepness to minimize flow velocity and erosion potential. Lateral drainage collection systems shall be incorporated at the base of slopes, when determined appropriate, to transport flows in a controlled, non-erodable channel; d) Indicate where flows on the site can be diverted from denuded areas and carried in the natural channels on the site; e) Construct man-made channels to minimize runoff velocities; f) Disturbed areas shall be vegetated and mulched immediately after final grades have been established; g) Sediment traps, basins, or barriers (silt fences, hay bales, etc.) shall be established on the property to prevent the release of "first flush" urban pollutants, including sediment, from developed areas, including the emergency access roads. The design and location of these improvements shall be identified in the plan subject to review and approval by the City; h) Drainage facilities designed to transport flows shall be described and the adequacy of the channel shall be verified by City approval of a detailed drainage analysis; i) An inspection and maintenance program shall be included to ensure that any erosion, which does occur either on or offsite as a result of the project, will be corrected through a remediation or restoration program within a time frame specified by the City; Prior to the issuance of a grading permit, the City shall identify a bond amount for implementing the erosion control program and the developer or designee shall provide the City with a bond for this amount; and
j)
k) Confirmed observations by the City of uncontrolled runoff being carried onsite will he grounds for suspension or revocation of any grading or building permit in process, or any discretionary permit subsequently applied for until the problem is resolved to the satisfaction of City Public Works department. 35. Prior to the issuance of building permits, graded but undeveloped land shall be maintained in a relatively weed-free condition and/or planted with interim landscaping within 90 days of completion of grading, unless building permits are obtained. 36. Prior to the issuance of occupancy permits, planting of developed land shall comply with he NPDES Best Management Practices Construction Handbook Section 6.2.
37. Prior to issuance of the first occupancy permit, the developer or its designee shall provide proof to the Public Works Department that the onsite drainage facilities will be maintained by the County, City, HOA, or equivalent. The developer must demonstrate that these facilities will be adequately maintained by an appropriate mechanism or organization, to the satisfaction of the City Public Works Department. 38. Prior to construction of the golf course, the developer or its designee shall demonstrate that the irrigation system(s) for the golf course can accommodate reclaimed water in the future once it is available to the site. This measure shall be implemented to the satisfaction of the City Public Works Director. 39. During the finalization of a contract for the sale of any real property within the Citrus Ranch project site, the seller shall make full and complete disclosure of the existence of any mining operations in the vicinity of the development. Such disclosure shall require the buyer's written acknowledgement of said notice. This disclosure and acknowledgement shall be retained and recorded in perpetuity as part of the residential sales contract. This measure shall be implemented to the satisfaction of the Director of Community Development. 40. During all project site excavation and grading on-site, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with the manufacturers' standards. Construction contractors shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. This measure shall be implemented to the satisfaction of the Community Development Director. 41. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. This measure shall be implemented to the satisfaction of the Community Development Director. 42. The construction contractor shall limit all construction-related activities that would result in high noise levels according to the construction hours to be determined by City staff. City of Indio limits construction to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. This measure shall be implemented to the satisfaction of the Community Development Director. 43. The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive land uses or residential dwellings. This measure shall be implemented to the satisfaction of the Community Development Director. 44. The project proponent shall ensure that all homebuyers receive disclosures that identify that construction of subsequent phases will expose the existing home to construction noise. The proposed disclosures shall be approved by City staff prior to the issuance of
the first occupancy permit. This measure shall he implemented to the satisfaction of the Community Development Director. 45. Residences in planning areas adjacent to Dillon Road shall be setback to a distance determined by the noise analyst or a noise barrier shall be constructed to specifications determined by the noise analyst and agreed upon by the City Engineer. These specifications shall be determined after the grading plan is complete but prior to the issuance of grading permits. The setback distance or noise barrier shall be sufficient to ensure that the exterior noise level at any residential development does not exceed 65 dBA. This measure shall be implemented to the satisfaction of the Community Development Director. 46. Prior to recordation of the first final tract map, the developer shall dedicate by separate instrument a two-acre site for one "Urban" fire station. The developer shall prepare a fire assessment study to identify fire service requirements. The study is to be submitted for review and approval by the City Manager and Fire Chief. 47. Prior to issuance of the first occupancy permit, the developer shall pay applicable fire facility fees. This measure shall he implemented to the satisfaction of the City Fire Chief. 48. Prior to issuance of the first building permit within a Planning Area, all water mains and fire hydrants required to provide the needs of fire flows must be installed in that Planning Area before any combustible materials are placed on the job site. This measure shall be implemented to the satisfaction of the City Fire Chief. 49. Prior to issuance of the first building permit, a Master Utility Plan that includes water for fire protection purposes must be approved by the Public Works Director. 50. Prior to issuance of building permits for each residential unit, the developer shall pay applicable police facility fees. This measure shall be implemented to the satisfaction of the City Police Chief. 51. Prior to issuance of building permits for each residential unit, the developer shall pay impact fees to the DSUSD at the then current rate. This measure shall be implemented to the satisfaction of the Superintendent of the DSUSD. 52. Prior to the issuance of occupancy permits, the developer shall comply with all applicable City of Indio ordinances pertaining to recreation, including the payment of applicable lees and/or the dedication of lands. This measure shall be implemented to the satisfaction of the Director of Community Development. 53. Prior to the issuance of building permits, the developer shall petition for and complete formation of or annexation to the Coachella Valley Recreation and Park District's Landscaping and Lighting Assessment District, and shall pay the costs of such formation
and annexation, not to exceed $6,000. This measure shall be implemented to the satisfaction of the Director of Community Development. 54. Prior to issuance of building permits, the developer shall participate in the phased construction of roadway segments along Dillon Road as identified in the project TIA. This measure shall he implemented to the satisfaction of the Director of Public Works. 55. The developer shall pay all established City of Indio impact fees and participate in the County's TUMF program for the Coachella Valley. This work shall include construction of offsite facilities under appropriate fee credit agreements for lane improvements at specified intersections, as outlined in the project TIA. The developer shall participate in the improvements planned for the 1-10 Freeway ramps at Golf Center Parkway and Dillon Road, and SR-86S ramps at Dillon Road. This measure shall be implemented to the satisfaction of the Director of Public Works. 56. Prior to issuance of the specified building permits, the developer shall participate in the phased construction of improvements and traffic signals at the following intersections through payment of an established City of Indio impact fee and participation in the FUMF program, or construction of offsite facilities under appropriate fee credit agreements for improvements and/or traffic signals at the following intersections, as outlined in the project TIA and as shown in EIR Exhibit 3.15-3: Prior to issuance of first building permit: Golf Center Drive at Avenue 44; 1-10 Freeway Ramps at Golf Center Parkway; Dillon Road at "B" Street; Dillon Road at "C" Street; Dillon Road at Avenue 44; Dillon Road at Vista Del Norte; and Dillon Road at the 1-10 Freeway Ramps. Prior to issuance of the 2,000th building permit Dillon Road at Avenue 38 Traffic signals shall include interconnections so they can function as a coordinated
system once completed. This measure shall be implemented to the satisfaction of the
Director of Public Works. 57. Prior to issuance of building permits, the developer shall install the site-specific circulation and access recommendations shown in EIR Exhibit 3.15-4 and as recommended in the project TIA. This measure shall be implemented to the satisfaction of the Director of Public Works. 58. Prior to issuance of the first building permit for each phase, the developer shall submit plans to the City for review and approval. The plans shall show bicycle racks and other non-vehicular transportation improvements for the proposed parks, clubhouse facilities,
etc. The developer shall install these and other reasonable improvements recommended by the City, to the satisfaction of the Director of Public Works and the Director of Community Development. 59. Prior to approval of any tract maps or issuance of the first building permits for each phase, the developer shall contact the SunLine Transit Agency (STA) in writing to determine if any additional bus stops are required along the appropriate segment of Dillon Road or within the development. The developer shall install up to three shaded bus stops along Dillon Road if so requested by STA. The developer shall provide documentation from the STA regarding the construction of the bus stops prior to the issuance of occupancy permits for these areas. STA will also be consulted regarding tract map design to assure that the project has adequate access to transit. This measure shall be implemented to the satisfaction of the Director of Public Works and the Director of Community Development. 60. Prior to issuance of building permits for phases adjacent to Dillon Road, the developer shall construct a bicycle lane along the west side of the roadway consistent with City plans and specifications. This measure shall be implemented to the satisfaction of the Director of Public Works and the Director of Community Development. 61. Prior to issuance of the first grading permit, the developer shall provide a verified final water supply assessment to the Department of Public Works that clearly defines and delineates the project's water supply as required under state law. This measure shall be implemented to the satisfaction of the Director of Public Works. 62. Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), the applicant shall submit landscape plans to and receive approval from the Community Development Department. These plans shall include state-of-the-art water conservation devices for landscape irrigation, including electronic drip irrigation and sprinkler systems controlled by hygrometers installed in landscaped areas to deliver water when actually needed by plants. These systems shall be maintained on a regular basis. This measure shall be implemented to the satisfaction of the Director of Community Development. 63. Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), development plans shall be provided as they become available to the Imperial Irrigation District, the Southern California Gas Company, and other local utility providers in order to facilitate engineering, design and construction of improvements necessary to provide utility service to the project site. This measure shall be implemented to the satisfaction of the Director of Public Works. 64. Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), the applicant shall comply with guidelines provided by utility providers in regards to easement restrictions, construction guidelines, protection of pipeline easements, and potential amendments to right-of-way in the areas of any existing easements of these providers to prevent impacts from construction on
existing utility lines. This measure shall be implemented to the satisfaction of the Director of Public Works. 65. Prior to issuance of the first grading permit, the developer shall provide a final sewer plan, including a capacity study, to the Department of Public Works. This measure shall be implemented to the satisfaction of the Director of Public Works and Director of Community Development.
PUBLIC WORKS ENGINEERING DEPARTMENT LIST OF CONDITIONS DATE: August 28. 2006 PROJECT NAME: Citrus Ranch PROJECT TRACT/PARCEL NO. Tract 34485 PROJECT LOCATION: East of Dillon Rd., between Avenue 38 and Avenue 42 Environmental Engineering Requirements 1. Applicant shall comply with National Pollution Discharge Elimination System (NPDE's) requirements per state regulations. For further information contact the California Regional Water Quality Control Board (RWQCB), Colorado River Basin Region, 73-720 Fred Waring Drive #100 Palm Desert, CA 92260 (760) 346-7491 www.waterboards.ca.gov/coloradoriver *Please note: Prior to the issuance of the any grading permit, a copy of the NOI (Notice of Intent) and the WDID# (Waste Discharge Identification No.), must be filed with the City of Indio's Engineering department. 2. Applicant shall submit PM10 implementation plans for City approval. Also to South Coast Air Quality Management District (SCAQMD) for grading plans greater than 10 acres in size. For further information contact the South Coast Air Quality Management District (SCAQMD) 21865 Copley Drive Diamond Bar, CA 91765 (800) CUT-SMOG (288-7664) www.aqmd.gov PW FILE NO.
Mapping Requirements 3. Tentative tract map or parcel map shall be submitted along with the following items:
EINEETEEIE1
a) b) c) d) e) f) g)
Soils report Title Report Preliminary grading plan (Topo/contour on map) Hydrology report Preliminary traffic impact report Utility master plan Water supply assessment for projects greater than 500 units
Page I of 7
4.
Applicant shall submit for City approval the following items: Z E a) b) c) d) Final tract/parcel map Title report (updated within at least 60 days) Final map closure calculations DWG file for final tract map/parcel map
5.
Final tract/parcel map shall include: Z Z Z a) b) c) Street names Improvement agreements Improvement bonds
6.
Applicant shall provide a public utility easement over the entire interior and exterior streets and also a 10-foot public utility easement in addition to the street width within all proposed streets.
Grading Requirements Applicant shall submit for City approval the following items: El ~~ a) b) c) Precise grading plans shall include the street address for each lot and building foot prints Rough grading plans Soils report
8.
Retaining walls shall be required at elevational differences greater than 12inches between lots throughout the project if applicable; and, in relation to adjacent boundary properties unless otherwise approved by the City Engineer.
Curb/Grubbinq and Demolition Requirements
9.
Developer shall: E a) b) Dispose of all concrete and asphalt removals within proposed project to an approved recyclable site. Developer shall provide City of Indio Public Works Department with a copy of receipt showing tonnage for the disposal of recyclable concrete and asphalt. Dispose of all material removals within proposed project to an approved disposal site.
Ig]
c)
Page, 2 ul 7
Landscaping and Irrigation Requirements V 10. 11. Applicant shall submit landscape and irrigation plans for City approval. The developer shall form a property owners association for the maintenance of: Z ~~ a) b) c) d) e) All interior and exterior common areas including landscaping. Exterior landscape along the perimeter of the well site(s) cited in condition no. 89 . Graffiti abatement for the interior and exterior or the preceding areas. Maintenance and operations of the streetlights including power costs fronting Dillon Road . Maintenance of all frontage landscaping median fronting Dillon Road. Maintenance of all frontage landscaping.
x x x
12.
A copy of the Covenant, Conditions, and Restrictions shall be submitted to the Public Works Engineering Department and Planning Development for review and approval with maintenance provision flagged.
13. The Covenants, Conditions and Restrictions shall be recorded prior to recordation of final map..
Street Requirements 14. Applicant shall submit for City approval the following items: Street improvement plans Streetlight plans Composite utility plans Sewer plans 15. Applicant shall construct full off-site street improvements on the following streets: Dillon Road, one-half street improvements (west side) plus full median and 29 feet of pavement. The improvements shall include construction of asphalt concrete pavement, curb/gutter, sidewalk, streetlights, catch basins, storm drains, and fully landscaped and irrigated raised curb median along the property frontage. Dillon Road shall be constructed as an " Arterial ." ~~ a)
16.
17.
Pa,i ...21;
d. 7
18.
All off-site street improvements along: Dillon Road shall be constructed as part of the first phase. Dedicate the required right-of-way along: El a) Dillon Road to City of Indio, per general plan for an "Arterial ." a)
19.
20.
Applicant shall obtain encroachment permit prior to starting any street improvements within public streets. All street knuckles shall be per City of Indio standard drawing no. SS-25, and street cul-de-sacs shall be per City of Indio standard drawing no. SS-24 unless otherwise approved by the City of Indio Fire Department. The minimum grade on all proposed streets shall be 0.50% unless approved by City Engineer. The minimum radius for public streets shall be: El Z a) b) R=35 feet and for Private streets R=20 feet
21.
22.
23.
24.
The minimum street width for proposed private street shall be 41 feet. The proposed driveways shall be a radius driveway per City of Indio standard drawing no. SS-20 type D-1, R=20' min. Existing asphalt pavement along: Z a) Both sides of Dillon Road shall be pulverized and used as part of the base material and new pavement shall be placed from centerline to curb/gutter.
25.
26.
27.
The proposed project shall comply with American with Disabilities Act (ADA) requirements.
Page 4 or 7
28.
Street addresses shall be shown on: M a) b) Water plans Precise grading plans
29.
All improvements shall comply with City standards, requirements and policies. Developer is required to construct all transition and missing links between existing and proposed improvements.
Drainage Requirements
x x
30.
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. The 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 designed to eliminate standing water in the basin. The retention basin 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 with a maximum depth of 5 feet 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.
31.
Traffic Requirements
x
x x
32.. Developer shall submit traffic study with recommended traffic mitigations for review and approval by City of Indio Director of Public Works designated traffic engineer. Developer must comply with the recommended traffic mitigations. 33. Applicant shall submit signage and striping plans for City approval.
34.. Proposed striping shall be thermoplastic per Caltrans standards. 35.. The proposed entrances located off of: Z a) Dillon Road shall have stacking room for a minimum of ten vehicles with acceptable turn around. shall have stacking room for a minimum of vehicles with acceptable turn around. shall have stacking room for a minimum of vehicles with acceptable turn around.
or 7
b) c)
Page
36.
Install "No Stopping at any time" signs along: a) b) c) d) Dillon Road property frontage. property frontage. property frontage. property frontage.
x x
37..
Developer shall contribute: Z a) $Fair share toward the future installation of traffic signals within the project area.
38. 39.
City traffic signal contributions shall be paid prior to recordation of the final map. Developer shall be responsible for installing traffic signals at proposed entrances if required by the traffic study as part of the traffic mitigations.
40.
Design proposed streets with Caltrans standards using the following information: Z Z a) b) c) Local street 25 MPH Collector 35 MPH Major, Arterial, Augmented Major (B), 55 MPH Augmented Major (A), and Augmented Arterial
Water Authority Requirements
DC
41. 42.
The developer shall enter into a water service agreement with the Indio Water Authority (IWA) for domestic water service. The developer shall design the water system and submit for approval: Z a) Provide hydraulic calculation to meet domestic demands and Fire Department fire flow requirements for Indio Water Authority review and approval. Water plans for the proposed project in compliance with Indio Water Authority Standards.
b)
43.
A 24 inch DIP water pipe shall be extended along Dillon Road from Avenue 44 existing location to the northern property line of the proposed project along Dillon Road. A 24 inch DIP. water pipe shall be extended from Terra Lago to the proposed site.
x x
44.
45.
Developer shall dedicate three water well site(s) 150' X 150' minimum and three five acre parcels for future booster stations or reservoir sites, at location(s)
Page 0 )1'7
approved by Indio Water Authority (IWA) and a minimum of 1,000' separation from any other existing well or well site. A well site grading plan must be submitted prior and approved by the Indio Water Authority (MA) to commencing work on the well site. The site(s) shall be completed with:
ENEZZEEZZ
a) b) c) d) e) f) g) h) i)
Block walls 16' driveway and gates 3' man gate Pad fully graded Landscape and irrigation along perimeter 18-inch minimum water stub Power Telephone Developer to accept well blow-off waters
46.
Developer shall accept blow-off water from well site(s) by installing pipe from well site(s) to nearest retention basin or lake.
47.
All grading and pad elevations will be subject to approval of the Director of Development Services/Building and Safety and the Director of Public Works/City Engineer based on grading plans and additional information to be submitted during plan check. Pad elevations shown on the tentative map are for reference only and may be required to be changed. The Homeowners Association shall comply with the City of Indio insurance requirements. See attached comments. Developer must underground all overhead utilities fronting proposed project.
48.
49.
Prepared by: Roldan Lopez Civil Engineering Associate
Reviewed & Submitted by: Grant D. Eklund, P.E. City Engineer
Rua: 7 (,t7
(.11Y OF INDIO FIRE SERVICES

Fire Prevention Office
46-990 Jackson Street Indio, California 92201 (760) 347-0756 Fax (760) 775-3710
Dale i-railey Fire Marshal
Date: To:
September 7, 2006 City of Indio Community Development Services Steve Walker, Principal Planner TM 34485
Re:
This letter is in regard to the fire protection conditions concerning the above referenced case. The Fire Department requires the listed fire protection measures be provided in accordance with the Indio City Municipal Code and/or the Riverside County Fire Department Fire Protection Standards. Residential - Provide or show there exists a water system capable of delivering a fire flow in any case no less than 1500 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. Ref California Fire Code, section 903.2. Residential - Approved accessible fire hydrants, shall be located at each street intersection and spaced not more than 500 feet apart in any direction, with no portion of any lot frontage more than 250 feet from a fire hydrant. Ref. CFC, section 903.4.2. Commercial - Provide or show there exists a water system capable of delivering a fire flow 3,000 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. Due to construction type and sprinkler credits additional and/or less fire flow capabilities may be changed, but this will be determined and based on future building plans. Ref California Fire Code, section 903.2. Commercial - Approved accessible on site fire hydrants shall be located not to exceed 350 feet apart in any direction as measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 150 feet from a fire hydrant. Fire hydrants shall provide the required fire flow. Ref CFC, section 903.2, 903.4.2. Prior to building plan approval and construction, applicant/developer shall furnish one copy of the water system fire hydrant plans to Indio Fire Services for review and approval. Plans shall be signed by a registered civil engineer, and shall
EXHIBIT C
11 ..drara \pet loctition, spackle., and minimum lire how. Once plans are ,:nil Approved by the local wiper authority, the originals shall be presented -lc Fire I )epartment for review and approval. Ref CFC, section 901.2.2.2. Pro ir to issuance of building permits, the water system for fire protection must be provided as approved by Indio Fire Services and the local water authority. A fire flow verification test" shall be conducted by Indio Fire Prevention Bureau prior to any combustible material placed on the property/lot. Ref CFC, section 901.3 & 90.3.) *Fire Flow Test form is available (a), indio.org Applicant/developer shall mount blue retro reflective pavement markers on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, the Indio Fire Services must approve placement of markers. Ref CFC, section 901.4.3 The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on the property/lot. The installation of the on site water system shall comply with all requirements of NFPA 24 and the California Fire Code 2001 edition and City of Indio Water Standard and drawings Super fire hydrant required (6" X 4" X 2 1/4" X 2 1/4 "). The valve stem of the 4" discharge shall be a minimum 18" above final grade, which means hydrant screw plate shall be above final grade. All access roads shall be dedicated street lots. Streets and cul-d-sacs shall be a minimum 40 feet wide for parking on both sides, which is in accordance with City of Indio Fire Code, CFC Appendix III-D, section 4. All proposed traffic calming elements for this development shall be submitted to the Fire Department for review and approval. This includes round-a-bouts. Access lanes will not have an up, or downgrade of more than 12%. (access will not be less than 20' in width per the 2000 UFC, Article 9, Section 902.2.2.1) and will have an unobstructed vertical clearance not less than 13'6"'. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. Streets shall be constructed in accordance with Indio City Street Standards. Ref CFC, section 902. All bridges shall be capable of sustaining the weight of a fully loaded fire apparatus. Gate(s) shall be at a minimum 16 feet wide and power controlled or manual and gate access shall be equipped with a rapid entry system approved by the Fire
.-,ittnitted to the Fire Department for review/approval Pc.)wer k.:ntrolled gates shall be equipped with emergency ha, ka l) power and designed to be easily opened in the event of a power failure. Non-powered type gates shall have a means of emergency access approved by the Hr..' Department. Gates activated by the rapid entry system shall remain open unhl closed by the rapid entry system. Required order forms shall be obtained fro in Fire Department. Ref ICC Chapter 93, section 93.07 (A). Gate entrances shall be a minimum 16 feet wide and at least 2 feet wider than the traffic lanes serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. When a one-way road with a single traffic lane provides access to a gate entrance, a 40' turning radius shall be used. Dead-end tire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus. Ref CFC, section 902.2.2.4. There shall be a second Fire Department and public access/egress that is 40 feet wide. Ref CFC 902. Due to the size and complexity of this project additional access/egress points will be required. As indicated on page 16, under Circulation, three Fire Department and public access/egress are provided. In addition a Fire Department Emergency Access shall be provided north of the 38th Avenue entrance. As indicated on figure 3-6 Where deemed necessary by the Fire Department; fire lanes and no parking zones maybe required in varies portions of the project site. Flag lot is not acceptable to the Fire Department due to complications with accessibilities. Review lot or eliminate as flag lot. Display boards will be as follows: Each complex shall have an illuminated diagrammatic representation of the actual layout which shows name of complex, all streets, building designators, unit members, and fire hydrant locations within the complex. These directories shall be a minimum 4' x 4' dimension and located next to roadway access. Plans must be submitted to the Fire Department for review and approval prior to installation. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. Ref CBC, section 502. Approved addressing shall be provided for all new and existing buildings in such a position to be plainly visible and legible from the street or road fronting the property. Ref CBC section 502.
P1171.
I 13 7 S, teen)
oidorm io (_ of Indio Ordinance 151.135 (Purpose), Procedure fOr Assigning Numbers), 151.13 -(Official Numbering
- Install a complete commercial fire sprinkler system (per NFPA 13 Fire sprinkler systern(s) with pipe sizes in excess of 4" in diameter will require the Project Structural Engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and Fire Department connection shall be located to the front, within 50 feet of hydrant, and a minimum. of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. (Contact Fire Department for guideline handout). Ref Indio City Code, chapter 93, section 93.07 (D) (3). Residential - Install a complete automatic fire sprinkler system for One and Two Family Dwellings per NFPA 13D. Ref Indio City Code, chapter 93, section 93.07 (D) (3), as deemed necessary by the Fire Department. Prior to moving into the residences Contractor/Developer shall contact the Indio Fire Department to schedule an inspection for the items that were shown at the building permit issuance i.e.: access, addressing and water system Conditions subject to change with adoption of new codes, ordinances, or when buildings permits are not obtained within twelve (12) months, Provide a location for a Fire Station. The Fire Station location identified in the Draft Specific Plan (figure 3-1 & 3-16) is acceptable to the Fire Department. The Fire Station shall he located on a 2 acre site, with a minimum street frontage of 275 feet. Construct a three-bay fire station at the time of issuance of the first building permit. Fire Station construction shall be completed and ready for occupancy prior to issuance of the first Certificate of Occupancy (CO).
Sincerely,
Captain Dale Frailey Fire Marshal Indio Fire Services
CITY OF INDIO FIRE SERVICES

Fire Prevention Office
Dale Frailey Fire Marshal
I 0. FROM:
Steve Walker, Community Development Captain Dale Frailey, FM
SUBJECT: Citrus Ranch Development Agreement & Mitigation Measures DATE: December 6, 2006
The following are the Fire Departments comments: Development Agreement: 5.6 Density Transfers This could affect if the residental units are required to have sprinklers. But this will be determined at Design Review. 5.11 Fire Station Change approximately two (2) acres of land to a minimum of two (2) acres of land. Change 2 bay fire station to 3 bay fire station or eliminated reference to size or size to be determined by Fire Assessment needs. Developer shall receive a "full fee credit" against its obligation to pay services portion of the Fire and Police Capital impact fees as a result of conveying 2 acres of land for the fire station. Is this to mean that the City of Indio will credit SunCal/Citrus Ranch approx. $630,000 ($205 X 3,075) for this 2 acre parcel? 8.2 CFD for Police Should this section title read CFD for Police, Fire and Paramedic Facilities/Services. Mitigation Measures: D 13-2 - Prior to issuance of the first building permit, the developer shall pay applicable fire facility fees. The "fire facility fees" are in reference to SunCal/Citrus Ranch obligation for DE or actual fire station construction and equipment costs?
CITY of INDIO
Memorandum
CiT5r 01
INDIO
DATE: TO: FROM: SUBJECT:
October 30, 2006 Community Development Services Benjamin Guitron, Administrative Officer / Indio Police Department Citrus Ranch to construct 509 single family homes.
Our agency comments for this project are in response to the applicant of Citrus Ranch to construct 509 single family homes west of Dillon Rd. and north of Avenue 42. The following is our conditions of the project. 1.Request a lighting plan for the project. The plans should cover the interior streets, parks, retention basins, common areas, entrance gates and the meandering sidewalks. In addition we request a light fixture on each side of the garage; this future assists in lighting, the front of the homes. Refer to the Planning Department for standards. No low level lighting. 2. The retention basin must have adequate lighting to cover the open area so it can be seen clearly at night from the street by vehicle or on foot. Refer to the Planning Department for standards. No low level lighting. 3. If approved and reviewed by the Indio Fire Department we request the entrances and exits be designated FIRE LANE NO PARKING at the curbs to keep the area clear for emergency vehicles. 4. Request the project be a gated community. 5. This project will require the approval of a Security Plan to the satisfaction of the City of Indio Chief of Police and/or his/her designee. The plan must address as to how it will maintain the quality of life for this residentially planned community in it's CCR's. 6. Request the applicant to allow a police communications tower to be installed at one of the proposed water well locations in the project.
EXHIBIT D
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING OF TENTATIVE TRACT MAP 35057 (TM 0610-448), TO SUBDIVIDE APPROXIMATELY 1,183 ACRES ACRES OF LAND INTO 457 RESIDENTIAL LOTS GENERALLY LOCATED ON THE WEST SIDE OF DILLION ROAD NORTH OF THE CITY LIMITS; SUNCAL COMPANIES (CITRUS RANCH). WHEREAS, on November 8, 2005 SunCal Companies, filed with the City of Indio, an application for Tentative Tract Map 35057 to subdivide approximately 1,183 acres into 457 residential lots for Phase 1 of the Citrus Ranch Specific Plan Community for property generally located on the west side of Dillon Road north of the City limits; and, WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City conducted an environmental assessment of the Project and determined that the Project could have a significant effect on the environment; therefore, an Environmental Impact Report has been prepared; and, WHEREAS, the EIR concluded that most of the environmental impacts of the Project could be mitigated to a less than significant level, except impacts on Air Quality and Mineral Resources; and, WHEREAS, the City processed the Tentative Tract Map pursuant to the State Subdivision Map Act and the Subdivision Ordinance of the City of Indio; and, WHEREAS, on December 13, 2006, the Planning Commission of the City of Indio, as an advisory body to the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and considered the EIR pursuant to CEQA Guidelines Section 15025 Subsection (c), considered testimony related to the proposed Tentative Tract Map, and concluded its proceedings. WHEREAS, on January 17, 2007, the City Council, conducted a duly advertised public hearing, reviewed staff reports, reviewed and certified the EIR pursuant to CEQA , considered testimony related to the proposed General Plan Amendment, and concluded its proceedings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: SECTION 1 APPROVAL of Tentative Tract Map 35057 (TM 06-10-448) based on the following findings: Findings for Tentative Tract Map 35057:
1. The proposed Tentative Tract Map is consistent with the goals and objectives of the Indio General Plan 2020. The proposed density of the map is consistent with the Specific Plan land use designation. 2. The design and improvements of the proposed subdivisions are consistent with the requirements of the City of Indio General Plan and the Zoning Ordinance. Development standards relating to setbacks and site improvements meet the standards of the City of Indio General Plan and are compatible with the standards of the Specific Plan zone district. 3. The site is physically suitable for this type of development. The subject property is relatively flat. 4. The City has reviewed, considered and certified the Final Environmental Impact Report, adopted a Statement of Overrding Considerations and adopted a Mitigation Monitoring Program pursuant to CEQA. 5. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of the property. 6. The design of the subdivisions shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions. SECTION 2 APPROVAL of Tentative Tract Map 35057 (TM 06-10-447) subject to the following conditions: Conditions of Approval for TTM 35057:
1. Approval of Tentative Tract Map 35057 shall be contingent on approval of the SCC/Indio Citrus Ranch, LLC Development/Pre-Annexation Agreement, General Plan Amendment GPA 05-11-74, Change of Zone (Pre-Zone) CZ 05-11-648, TTM 34485 and Citrus Ranch Specific Plan SP 05-11-16, and shall comply with all conditions of approval contained therein. 2. Tentative Tract Map 35057 shall expire two (2) years from the date of approval, unless extended pursuant to the City of Indio Subdivision Ordinance and the State Subdivision Map Act. 3. The applicant/developer shall execute an indemnification agreement with the City of Indio to the satisfaction of the City Attorney within twenty (20) days of City Council approval. 4. Development shall occur substantially as shown on the submitted plans and as modified herein. Detailed construction plans showing compliance with this
approval shall be submitted to the Building Division for review and approval prior to the issuance of any building permits. 5. Applicant/developer shall deliver to the Community Development Department a cashier's check, money order or other acceptable form of payment made payable to the Riverside County Clerk in the amount to enable the City to file the Notice of Determination and fee for fish and game review fee required pursuant to Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. Any additional fees that may be attributed to the required filing of environmental documentation shall be paid by the applicant/developer. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Development Services Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c). 6. The applicant or successor in interest shall submit CC & R's in a form acceptable to the City Attorney, for the proposed subdivision(s). The CC& R's shall include provision for the maintenance of: a. All interior and exterior common areas including retention basins and landscaping b. Graffiti abatement for the interior and exterior or the preceding areas. c. Maintenance and operations of the streetlights including street lighting power costs. d. Maintenance of all frontage landscaping. The CC & R's shall be submitted for review by the Community Development Services/Building and Safety Director, the City Attorney and the Public Works Department prior to the recordation of Tentative Tract Map 34602. The applicant or successor in interest shall submit a deposit of $3,500 to cover legal costs incurred by the City in its review of CC &R's and related documents prior to their recordation. The Homeowners Association shall comply with the City of Indio insurance requirements. The CC & R's shall be recorded prior to recordation of final map. 7. The property owner or successor in interest shall participate in any future Cityinitiated Community Facilities Districts for public facilities or public services. The subdivider shall cause a covenant to be recorded on all lots within Tentative Tract Map 35057 advising of the owner's obligation to participate in any future Community Facilities District for such public facilities or public services. 8. The applicant/owner shall cause to be recorded against the subject property these and all related conditions of approval with the Riverside County Recorder. 9. The applicant shall satisfy all Building Department, Public Services Department, Engineering Services Department, Police Department, and Fire Department
requirements. It is the responsibility of the entitled entity to review this project with the noted departments. 10. The applicant/developer shall pay school fees as required by law and/or Desert Sands Unified School District. Applicant shall pay all City of Indio Capital Impact fees as set forth in the SCC/Indio Citrus Ranch, LLC Development/Pre-annexation Agreement. 11. The applicant's obligation for public park and/or Quimby in lieu fees shall be as set forth in the SCC/Indio Citrus Ranch, LLC Development/Pre-annexation Agreement. 12.Prior to the recordation of the first Final Tract Map, the applicant shall submit a revised Specific Plan designating a 4-5 acre community park within Phase 1 at a location to approved by the Community Development Director. 13. The building construction plans shall include a blue-line sheet(s) showing all conditions of approval contained herein. 14. The golf course shall be developed in accord with DA 06-10-22, entitled 'DEVELOPMENT AND PRE-ANNEXATION AGREEMENT." 15.The public park area located in the northerly boundary of the Citrus Ranch community shall be developed prior to the issuance of the first certificate of occupancy in the project phase including the public park area. 16.Developer shall comply with the requirements of Indio Fire Services applicable to the project prior to the City's issuance of the first building permit in the project. 17.The development is subject to all conditions of approval from the Environmental Mitigation Measures attached as Exhibit A, the Public Works/Engineering Department conditions of approval attached as Exhibit B, the Fire Department conditions of approval attached as Exhibit C and the Police Department conditions of approval attached as Exhibit D. 18.Prior to the issuance of building permits for each phase of development including this map, applicant is obligated to design, construct, and provide right of way for three (3) Indio Water Authority ("IWA") water storage facilities on sites deemed acceptable to the City Engineer ("Water Storage Sites"). Each of the Water Storage Sites will contain the tank(s) and booster station equipment adequate to serve three (3) pressure zones. Furthermore, the Water Storage Sites may be large enough to accommodate future IWA zone expansion and the transmission lines corresponding to each of the Water Storage Sites shall be sized to serve the zone(s) to which they transmit water. 19_ Pursuant to Government Code 66454, approval of Tentative Tract Map 34485 shall be contingent on the annexation of all property subdivided by the map to the City on or before June 30, 2008 or such subsequent date as may be determined
based upon intervening "Development Limitations" as that term is defined in Section 3.1 of DA 06-10-22, entitled "DEVELOPMENT AND PRE-ANNEXATION AGREEMENT, or per the Parties' written agreement. SECTION 3 That the above recitations are true and correct and constitute the findings of the City Council regarding Tentative Tract Map 35057 (TM 06-10-448). PASSED, APPROVED, and ADOPTED this 17th day of January 2007, by the following vote, to wit:
AYES: NOES: ABSENT:
BEN GODFREY, MAYOR CITY OF INDIO, CALIFORNIA ATTEST:
CYNTHIA HERNANDEZ CITY CLERK
CITRUS RANCH MITIGATION MEASURES
During all phases of construction, all equipment shall be properly and routinely maintained, as recommended by manufacturer manuals. This measure shall be implemented to the satisfaction of the Community Development Director. 2. During all phases of construction, all contractors shall restrict idling time to five minutes or less in any given hour. This measure shall be implemented to the satisfaction of the Community Development Director. Where feasible, alternative clean fuels such as compressed natural gas-powered equipment with oxidation catalysts shall be used instead of gasoline or diesel-powered engines. However, where diesel equipment has to be used because of a lack of alternatives, the construction contractor shall use particulate filters, oxidation catalysts, and low sulfur diesel as defined in SCAQMD Rule 431.2. This measure shall be implemented to the satisfaction of the Community Development Director. 4. Where feasible, aqueous or emulsified diesel fuel shall be used for all construction equipment. This measure shall he implemented to the satisfaction of the Community Development Director. During construction of Phases 2 and 3, temporary power from the power grid shall be provided onsite for electric tools such as saws, drills, and compressors, thereby decreasing the need for fuel-powered generators and other fuel-powered equipment. This measure shall be implemented to the satisfaction of the Community Development Director. Zero-VOC paints (assumes no more than 100 grams/liter of VOC) shall be used where feasible. This measure shall be implemented to the satisfaction of the Community Development Director.
7. Prior to the issuance of a building permit, plans to incorporate the following mitigation measures shall he implemented in accordance with the Community Development Director. Homes shall he built in a manner that meets or exceeds the statewide energy construction requirements to at least Title 24 and shall include the following: Install efficient heating and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces and boiler units to at least Title 24 requirements; Insulation shall meet or exceed Title 24 requirements; Double-paned windows and energy efficient doors shall be installed; Install electrical outlets on the exterior walls of both the front and back of residences to promote the use of electric landscape maintenance equipment; When feasible, design buildings with proper orientation, fenestration, and other design components that maximize the potential of passive cooling and heating to the maximum extent possible. 8. To discourage the burning of wood in fireplaces, gas-burning fireplaces shall be installed where builders are including fireplaces in their projects. This measure shall be implemented to the satisfaction of the Community Development Director. 9. To reduce road dust, a street sweeper shall clean the streets a minimum of once every month or more frequently as needed. This measure shall be implemented to the satisfaction of the Community Development Director. 10. During the sale of the residences, electric solar panels and solar-powered water heaters shall be presented to the home-buyers as an option. This measure shall be implemented to the satisfaction of the Community Development Director. 11. Prior to the issuance of grading permits, the project applicant shall comply with the terms set forth in the MOU with respect to measures designed to protect or preserve biological resources, irrespective of whether the CVMSHCP is fully adopted. In the event that the CVMSHCP is not fully adopted, the project applicant shall pay the Fringe-toed lizard habitat assessment fee applicable to the project, if any. This measure shall be implemented to the satisfaction of the Community Development Director. 12. If grading is to begin during the breeding season, a radius of 50 meters (approximately 165 feet) will be marked around all active burrowing owl burrows, and no grading activities or other disturbances will take place within this 50-meter radius. All active burrows will be monitored by a qualified biologist until the breeding season is over and any young occupying the burrow have fledged and become independent. Subsequently, mitigation will proceed as outlined in Condition 13 for the non-breeding season. This measure shall be implemented to the satisfaction of the Community Development Director. 13. During the non-breeding season, burrowing owls within all occupied burrows will be passively excluded from occupied burrows by a qualified biologist using one-way doors. Once the owls have been evicted, burrows will be collapsed to prevent reoccupation.
This measure shall he implemented to the satisfaction of the City Community Development Director. 14. To prevent potential impacts to nesting birds, the removal of vegetation or other potential nesting habitat should take place, to the extent feasible, outside of nesting season (generally February 15 to August 15). Where this is not feasible, a survey for nesting birds will he conducted no more than seven days prior to the commencement of any ground or vegetation disturbing activities. All active bird nests will be mapped and marked with a 200-foot avoidance perimeter. Ground or vegetation disturbing activities will he postponed until a qualified biologist has determined that the nests are no longer active. This measure shall be implemented to the satisfaction of the Community Development Director. 15. To avoid permanent adverse impacts to the 5.4-acre mesquite hummock area on the project site, a similarly sized mesquite hummock will be created within the project's preserved open space. A draft revegetation plan in compliance with the MOU will be produced and submitted to the CVCC prior to the issuance of grading permits. The draft plan will consider and incorporate where appropriate the criteria for this restoration/enhancement/revegetation effort provided in Exhibit "S" of the MOU documents, which are included as part of the technical appendices of the DEIR. The plan shall not require the City or project applicant to provide funds for long-term management of the area, but shall provide mechanisms whereby permanent management, maintenance, monitoring, and funding will occur by means of Codes, Covenants and Restrictions, a Homeowner's Association, or other applicable arrangement. This measure will be implemented to the satisfaction of the Community Development Director, and shall be contingent upon prior approval of the revegetation plan by the CVCC. 16. To reduce impacts to stabilized and partially stabilized desert sand fields to below a level of significance, the developer or its designee shall restore, revegetated, and/or enhance approximately 29 acres of stabilized and partially stabilized desert sand fields within the project site. A draft revegetation plan in compliance with the MOU will be produced and submitted to the CVCC prior to the issuance of grading permits. The draft plan will consider and incorporate where appropriate the criteria for this restoration/enhancement/revegetation effort provided in Exhibit "S" of the MOU documents, which are included as part of the technical appendices of the DEIR. The plan shall not require the City or project applicant to provide funds for long-term management of the area, but shall provide mechanisms whereby permanent management, maintenance, monitoring, and funding will occur by means of Codes, Covenants and Restrictions, a Homeowner's Association, or other applicable arrangement. This measure will be implemented to the satisfaction of the Community Development Director, and shall be contingent upon prior approval of the revegetation plan by the CVCC. 17. The project proponent shall install signs at all trailheads with educational information about the history of the region, including Native American history and culture in the area. The trails themselves shall be positioned to avoid sensitive sites. Without revealing the location of any known prehistoric sites, the signs should explain that natural and cultural
resources have significance and must be preserved without damage or vandalism for suture generations. This measure shall he implemented to the satisfaction of the Community Development Director. 18. During the initial ground-clearing/grubbing and mass-grading of the project site, archeological monitoring by a qualified archeologist shall be initiated. Monitoring shall also occur during the excavation of trenches and other secondary earthmoving activities. In later stages, limited "spot" monitoring shall be implemented. In the event that cultural resources are discovered, excavation must he halted in the vicinity of the find and the archeologist must be notified. Excavation in the area shall not proceed until the archeologist has made a determination as to the significance of the find and the necessary ourse of action. This measure shall be implemented to the satisfaction of the Community Development Director. 19. Prior to the issuance of grading permits for Planning Areas 1, 2, and 3, detailed Fault/Seismic Investigations within the areas proposed for development in the Indio Hills shall be conducted by a State of California Certified Engineering Geologist to determine the extent and seventy of on-site faulting within those areas. These investigations are to he submitted in conjunction with any tentative tract maps that implement the Specific Plan. Faults located within the project site are to be regarded as "active" unless determined by these studies. Appropriate fault setbacks and/or engineering controls shall he established within these planning areas for occupied structures proximate to active faults. All investigations, setbacks, and/or design recommendations shall be identified and implemented to the satisfaction of the City Engineer. 20. Prior to the issuance of building permits for any planning area, the developer shall demonstrate that all occupied or inhabited structures will be able to withstand a horizontal seismic acceleration of 1.0 g. Specific design-level geotechnical reports shall he prepared by a State of California Certified Engineering Geologist for the proposed community center, boutique hotel, club house, bridges, and residential structures based ..7in actual plans to determine that these structures meet required design criteria. This measure shall be implemented to the satisfaction of the City Engineer. 21. Prior to the issuance of grading permits for any planning area, further geotechnical studies as recommended in the Fault/Seismic Investigation (see GSI 2006, p. 63, item 7) shall be conducted by a State of California Certified Engineering Geologist to determine the possibility and extent of severe localized horizontal seismic accelerations due to localized and site-specific characteristics. In such cases where site-specific analysis identify potential risks, appropriate foundation or other design solutions, including additional setbacks, shall be implemented to protect residents and structures against such hazards. All investigations and solutions shall be implemented to the satisfaction of the City Engineer. 22. Prior to the issuance of grading permits for planning areas within or adjacent to the Indio Hills, a detailed geotechnical slope stability investigation shall be performed by a State of California Certified Engineering Geologist to determine additional setbacks or other
measures required to mitigate potential slope stability hazards. All investigations and any mitigation measures thus derived shall be implemented to the satisfaction of the City Engineer. 23. Prior to issuance of building permits that involve any above-ground water feature, tank, or reservoir, appropriate engineering design analyses shall be prepared to address the potential threat of flooding created by seiching during periods of high horizontal seismic acceleration. Appropriate tlood control measures adjacent to and downstream of these Features shall also be installed as needed. All investigations and any engineering and onstruction measures conducted in response to these requirements shall be implemented lo the satisfaction of the City Engineer. 24. All recommendations identified in the site-specific geotechnical investigations specific to this project conducted by Earth Systems Southwest, dated February 18, 2006 (ESS 2006h), and GeoSoils, Inc., dated March 21, 2006 (GSI 2006) shall be implemented on the project site. Those recommendations are found in Section 4 of the ESS 2006b report, pages 62 through 64 of the GSI 2006 report. Those recommendations shall be implemented to the satisfaction of the City Engineer. Those recommendations include, hut are not necessarily limited to, the following: a) All structures will he designed for earthquake resistance by an engineer experienced with seismic design in accordance with the minimum intent of the California Building Code. Such design should mitigate against such factors as ground subsidence, hydroconsolidation, liquefaction, and other typical geotechnical conditions; and; h) 'Major underground or above-ground utility lines that cross active faults will be constructed at high angles approaching perpendicular. Cut-off valves will be located on both sides of the zone of active faulting to facilitate repair or emergency shut-off, as warranted. 25. During grading andlor construction as needed, the City shall retain a State of California Certified Engineering Geologist to observe compliance with the above mitigation measures and to provide guidance on any necessary design changes in the event that subsurface conditions differ from those anticipated prior to the start of construction. The City Engineer or designated representative shall be notified of the anticipated grading period prior to grading to facilitate monitoring by the City where desired. The City Engineer or designated representative shall be consulted regarding any substantial changes during construction 26. Prior to site grading, soils in the vicinity of the drainpipe in the south storage building must be remediated to meet the requirements of the California Environmental Protection Agency (CEPA). This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 27. Contaminated soils surrounding the above-ground storage tanks must be removed and/or remediated to meet the requirements of the CEPA. Any soils removed must be disposed ,)f in accordance with applicable laws and regulations. This measure is to be ;nnplemented to the satisfaction of the City Engineer or a qualified representative.
28 Prior to the initiation of site grading, a State of California Certified Engineering Geologist shall conduct a geotechnical survey in those areas where organic waste solids from citrus processing and water disposal practices may have adversely affected the engineering properties of the soil. If recommended by the geotechnical specialist, grading protocols and/or other remediation measures must be incorporated into grading and site preparation procedures for the proposed project. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 29. If during construction activities on the project site, any discolored soil, soils with an unusual odor, or undocumented subsurface structures are encountered, a qualified soil investigation professional shall investigate the soil, and if necessary procure samples for testing. Any contamination shall be properly remediated to meet the requirements of the CEPA. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 30. If previously undocumented and abandoned septic tanks, pits or leach lines are uncovered, the Riverside County Department of Public Health shall be contacted to coordinate the proper abandonment of these features. This measure is to be implemented to the satisfaction of the City Engineer or a qualified representative. 31. All spills or leakage of petroleum products during construction activities must be remediated in compliance with applicable state and local regulations regarding cleanup and disposal of the contaminant released. The contaminated waste must be collected and disposed of at an appropriately licensed disposal or treatment facility. This measure is to he implemented to the satisfaction of the City Engineer or a qualified representative. 32. Prior to issuance of grading permits, the developer or its designee shall coordinate the design and obtain approval of all flood control and storm drain structures as identified in the project hydrology studies. The developer or designee shall provide evidence of this approval to the City of Indio Public Works Department. These improvements shall be consistent with any master planning efforts of the CVWD. 33. The developer or its designee shall obtain a General Permit for Storm Water Discharge Associated with Construction Activity (Construction Activity General Permit). The developer or designee shall provide a copy of this permit to the City Public Works Department prior to the issuance of grading permits. 34. Prior to the issuance of grading permits, the developer or its designee shall prepare a Water Quality Management Plan (WQMP) and an Erosion and Sediment Control Plan (ESCP) to implement the most appropriate BMPs and to prevent any significant removal and/or downstream deposition of soil from the project site during construction. The WQMP and ESCP shall contain provisions requiring that all erosion control measures and structures be maintained and repaired as needed for the life of the project. Prior to the issuance of a grading permit, the City Public Works Department shall approve the WQMP and ESCP based on review and input by the RWQCB. At the request of the
developer, the City Public Works Department may accept a Storm Water Pollution Prevention Plan (SWPPP) as a substitute for the ESCP as long as it fulfills the intent of this measure to an equivalent degree. The SWPPP or ESCP shall be prepared to the satisfaction of the City Public Works Department. The WQMP and ESCP or SWPPP shall include, but is not limited to, the following: a) Specify the timing of grading and construction to minimize soil exposure to winter rain periods experienced in Southern California; h) The natural vegetation shall be retained on all areas that will not be disturbed for grading, except areas that must be cleared and revegetated as part of a fuel modification program; c) All slopes greater than five feet in height shall be evaluated to define the optimum length and steepness to minimize flow velocity and erosion potential. Lateral drainage collection systems shall be incorporated at the base of slopes, when determined appropriate, to transport flows in a controlled, non-erodable channel; d) Indicate where flows on the site can be diverted from denuded areas and carried in the natural channels on the site; e) Construct man-made channels to minimize runoff velocities; f) Disturbed areas shall be vegetated and mulched immediately after final grades have been established;
g) Sediment traps, basins, or barriers (silt fences, hay bales, etc.) shall be established on the property to prevent the release of "first flush" urban pollutants, including sediment, from developed areas, including the emergency access roads. The design and location of these improvements shall be identified in the plan subject to review and approval by the City: h) Drainage facilities designed to transport flows shall be described and the adequacy of the channel shall be verified by City approval of a detailed drainage analysis; i) An inspection and maintenance program shall be included to ensure that any erosion, which does occur either on or offsite as a result of the project, will be corrected through a remediation or restoration program within a time frame specified by the City; j) Prior to the issuance of a grading permit, the City shall identify a bond amount for implementing the erosion control program and the developer or designee shall provide the City with a bond for this amount; and
k) Confirmed observations by the City of uncontrolled runoff being carried onsite will be grounds for suspension or revocation of any grading or building permit in process, or any discretionary permit subsequently applied for until the problem is resolved to the satisfaction of City Public Works department. 35. Prior to the issuance of building permits, graded but undeveloped land shall be maintained in a relatively weed-free condition and/or planted with interim landscaping within 90 days of completion of grading, unless building permits are obtained. 36. Prior to the issuance of occupancy permits, planting of developed land shall comply with !he NPDES Best Management Practices Construction Handbook Section 6.2.
37. Prior to issuance of the first occupancy permit, the developer or its designee shall provide proof to the Public Works Department that the onsite drainage facilities will be maintained by the County, City, HOA, or equivalent. The developer must demonstrate that these facilities will be adequately maintained by an appropriate mechanism or organization, to the satisfaction of the City Public Works Department. 38. Prior to construction of the golf course, the developer or its designee shall demonstrate that the irrigation system(s) for the golf course can accommodate reclaimed water in the future once it is available to the site. This measure shall be implemented to the satisfaction of the City Public Works Director. 39. During the finalization of a contract for the sale of any real property within the Citrus Ranch project site, the seller shall make full and complete disclosure of the existence of any mining operations in the vicinity of the development. Such disclosure shall require the buyer's written acknowledgement of said notice. This disclosure and acknowledgement shall be retained and recorded in perpetuity as part of the residential sales contract. This measure shall he implemented to the satisfaction of the Director of Community Development. 40. During all project site excavation and grading on-site, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with the manufacturers' standards. Construction ,:ontractors shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. This measure shall be implemented to the satisfaction of the Community Development Director. 41. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. This measure shall be implemented to the satisfaction of the Community Development Director. 42. The construction contractor shall limit all construction-related activities that would result In high noise levels according to the construction hours to be determined by City staff. City of Indio limits construction to the hours between 7:00 a.m. and 7:00 p.m. Monday ihrough Saturday. This measure shall be implemented to the satisfaction of the Community Development Director. 43_ The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive !and uses or residential dwellings. This measure shall be implemented to the satisfaction of the Community Development Director. 44. The project proponent shall ensure that all homebuyers receive disclosures that identify ihat construction of subsequent phases will expose the existing home to construction noise. The proposed disclosures shall be approved by City staff prior to the issuance of
the first occupancy permit. This measure shall be implemented to the satisfaction of the Community Development Director. 45. Residences in planning areas adjacent to Dillon Road shall be setback to a distance determined by the noise analyst or a noise barrier shall be constructed to specifications determined by the noise analyst and agreed upon by the City Engineer. These specifications shall be determined after the grading plan is complete but prior to the issuance of grading permits. The setback distance or noise barrier shall be sufficient to ensure that the exterior noise level at any residential development does not exceed 65 dBA. This measure shall be implemented to the satisfaction of the Community Development Director. 46. Prior to recordation of the first final tract map, the developer shall dedicate by separate instrument a two-acre site for one "Urban" fire station. The developer shall prepare a fire assessment study to identify fire service requirements. The study is to be submitted for review and approval by the City Manager and Fire Chief. 47. Prior to issuance of the first occupancy permit, the developer shall pay applicable fire facility fees. This measure shall be implemented to the satisfaction of the City Fire Chief. 48. Prior to issuance of the first building permit within a Planning Area, all water mains and fire hydrants required to provide the needs of fire flows must be installed in that Planning Area before any combustible materials are placed on the job site. This measure shall be implemented to the satisfaction of the City Fire Chief. 49. Prior to issuance of the first building permit, a Master Utility Plan that includes water for fire protection purposes must be approved by the Public Works Director. 50. Prior to issuance of building permits for each residential unit, the developer shall pay applicable police facility fees. This measure shall be implemented to the satisfaction of the City Police Chief. 51. Prior to issuance of building permits for each residential unit, the developer shall pay impact fees to the DSUSD at the then current rate. This measure shall be implemented to the satisfaction of the Superintendent of the DSUSD. 52. Prior to the issuance of occupancy permits, the developer shall comply with all applicable City of Indio ordinances pertaining to recreation, including the payment of applicable lees and/or the dedication of lands. This measure shall be implemented to the satisfaction Hof the Director of Community Development. 53. Prior to the issuance of building permits, the developer shall petition for and complete formation of or annexation to the Coachella Valley Recreation and Park District's Landscaping and Lighting Assessment District, and shall pay the costs of such formation
and annexation, not to exceed $6,000. This measure shall be implemented to the satisfaction of the Director of Community Development. 54. Prior to issuance of building permits, the developer shall participate in the phased construction of roadway segments along Dillon Road as identified in the project TIA. This measure shall he implemented to the satisfaction of the Director of Public Works. 55. The developer shall pay all established City of Indio impact fees and participate in the County's TUMF program for the Coachella Valley. This work shall include construction of offsite facilities under appropriate fee credit agreements for lane improvements at specified intersections, as outlined in the project TIA. The developer shall participate in the improvements planned for the 1-10 Freeway ramps at Golf Center Parkway and Dillon Road, and SR-86S ramps at Dillon Road. This measure shall be implemented to the satisfaction of the Director of Public Works. 56. Prior to issuance of the specified building permits, the developer shall participate in the phased construction of improvements and traffic signals at the following intersections through payment of an established City of Indio impact fee and participation in the TUMF program, or construction of offsite facilities under appropriate fee credit agreements for improvements and/or traffic signals at the following intersections, as outlined in the project TIA and as shown in EIR Exhibit 3.15-3: Prior to issuance of first building permit: Golf Center Drive at Avenue 44; I-10 Freeway Ramps at Golf Center Parkway; Dillon Road at "B" Street; Dillon Road at "C" Street; Dillon Road at Avenue 44; Dillon Road at Vista Del Norte; and Dillon Road at the I-10 Freeway Ramps. Prior to issuance of the 2,000th building permit Dillon Road at Avenue 38 Traffic signals shall include interconnections so they can function as a coordinated system once completed. This measure shall be implemented to the satisfaction of the Director of Public Works. 57. Prior to issuance of building permits, the developer shall install the site-specific circulation and access recommendations shown in EIR Exhibit 3.15-4 and as recommended in the project TIA. This measure shall be implemented to the satisfaction of the Director of Public Works. 58. Prior to issuance of the first building permit for each phase, the developer shall submit plans to the City for review and approval. The plans shall show bicycle racks and other non-vehicular transportation improvements for the proposed parks, clubhouse facilities,
etc. The developer shall install these and other reasonable improvements recommended
by the City. to the satisfaction of the Director of Public Works and the Director of Community Development. 59. Pnor to approval of any tract maps or issuance of the first building permits for each phase, the developer shall contact the SunLine Transit Agency (STA) in writing to determine i f any additional bus stops are required along the appropriate segment of Dillon Road or within the development. The developer shall install up to three shaded bus stops along Dillon Road if so requested by STA. The developer shall provide documentation from the STA regarding the construction of the bus stops prior to the issuance of occupancy permits for these areas. STA will also be consulted regarding tract map design to assure that the project has adequate access to transit. This measure shall he implemented to the satisfaction of the Director of Public Works and the Director of Community Development 60. Prior to issuance of building permits for phases adjacent to Dillon Road, the developer shall construct a bicycle lane along the west side of the roadway consistent with City plans and specifications. This measure shall he implemented to the satisfaction of the Director of Public Works and the Director of Community Development. 61. Prior to issuance of the first grading permit, the developer shall provide a verified final water supply assessment to the Department of Public Works that clearly defines and delineates the project's water supply as required under state law. This measure shall be implemented to the satisfaction of the Director of Public Works. 62. Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), the applicant shall submit landscape plans to and receive approval from the Community Development Department. These plans ;hall include state-of-the-art water conservation devices for landscape irrigation, Including electronic drip irrigation and sprinkler systems controlled by hygrometers installed in landscaped areas to deliver water when actually needed by plants. These systems shall be maintained on a regular basis. This measure shall be implemented to the satisfaction of the Director of Community Development. 63. Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), development plans shall be provided as they become available to the Imperial Irrigation District, the Southern California Gas Company, and other local utility providers in order to facilitate engineering, design and construction of improvements necessary to provide utility service to the project site. This measure shall be implemented to the satisfaction of the Director of Public Works. 64. Prior to the issuance of building permits for each phase of the project (unless the plan is comprehensive and includes the entire CRSP), the applicant shall comply with guidelines provided by utility providers in regards to easement restrictions, construction guidelines, protection of pipeline easements, and potential amendments to right-of-way in the areas of any existing easements of these providers to prevent impacts from construction on
existing utility lines. This measure shall be implemented to the satisfaction of the Director of Public Works. 65. Prior to issuance of the first grading permit, the developer shall provide a final sewer plan, including a capacity study, to the Department of Public Works. This measure shall he implemented to the satisfaction of the Director of Public Works and Director of Community Development.
PUBLIC WORKS ENGINEERING DEPARTMENT LIST OF CONDITIONS DATE: 10/23106 PROJECT NAME: Citrus Ranch PROJECT TRACT/PARCEL NO. Tract No. 35057 PROJECT LOCATION: West of Dillon Road and North of Avenue 42 Environmental Engineering Requirements Applicant shall comply with National Pollution Discharge Elimination System t NPDE's) requirements per state regulations. For further information contact the California Regional Water Quality Control Board (RWQCB), Colorado River Basin Region, 73-720 Fred Waring Drive #100 Palm Desert, CA 92260 (760) 346-7491 www.waterboards.ca.gov/coloradoriver *Please note: Prior to the issuance of the any grading permit, a copy of the NOI (Notice of Intent) and the WDID# (Waste Discharge Identification No.), must be filed with the City of Indio's Engineering department. 2. Applicant shall submit PM10 implementation plans for City approval. Also to South Coast Air Quality Management District (SCAQMD) for grading plans greater than 10 acres in size. For further information contact the South Coast Air Quality Management District (SCAQMD) 21865 Copley Drive Diamond Bar, CA 91765 (800) CUT-SMOG (288-7664) www.agmd.gov PW FILE NO.
Mapping Requirements 3 Tentative tract map or parcel map shall be submitted along with the following items:
NET EINNEZI El
a) b) c) d) e) f) g)
Soils report Title Report Preliminary grading plan (Topo/contour on map) Hydrology report Preliminary traffic impact report Utility master plan Water supply assessment for projects greater than 500 units
Page 1 of 7
Applicant shall submit for City approval the following items: Z Z a) b) c) d) Final tract/parcel map Title report (updated within at least 60 days) Final map closure calculations DWG file for final tract map/parcel map
E
E
5.
Final tract/parcel map shall include: Z Z Z Street names Improvement agreements Improvement bonds
b) c)
6.
Applicant shall provide a public utility easement over the entire interior and exterior streets and also a 10-foot public utility easement in addition to the street width within all proposed streets.
Grading Requirements
7.
Applicant shall submit for City approval the following items: E [E] Z a) b) c) Precise grading plans shall include the street address for each lot and building foot prints Rough grading plans Soils report
8.
Retaining walls shall be required at elevational differences greater than 12 inches between lots throughout the project (if applicable) and in relation to adjacent boundary properties unless otherwise approved by the City Engineer.
Curb/Guttering and Demolition Requirements 9. Developer shall: [E] a) b) Dispose of all concrete and asphalt removals within proposed project to an approved recyclable site. Developer shall provide City of Indio Public Works Department with a copy of receipt showing tonnage for the disposal of recyclable concrete and asphalt. Dispose of all material removals within proposed project to an approved disposal site.
c)
Page 2 of 7
Landscaping and Irrigation Requirements 10. 11 Applicant shall submit landscape and irrigation plans for City approval. The developer shall form a property owners association for the maintenance of: a) b) C) d) All interior and exterior common areas including landscaping. Exterior landscape along the perimeter of the well site(s) cited in condition no. 89 . Graffiti abatement for the interior and exterior or the preceding areas. Maintenance and operations of the streetlights including power costs fronting Dillon Road Maintenance of all frontage landscaping median fronting Dillon Road. Maintenance of all frontage landscaping.
Z
IZ 12.
e)
A copy of the Covenant, Conditions, and Restrictions shall be submitted to the Public Works Engineering Department and Planning Development for review and approval with maintenance provision flagged. The Covenants, Conditions and Restrictions shall be recorded prior to recordation of final map.
13.
Street Requirements X 14. Applicant shall submit for City approval the following items: Street improvement plans Streetlight plans Composite utility plans Sewer plans 15. Applicant shall construct full off-site street improvements on the following streets: IZ 16. Dillon Road , one-half street improvements ( west side) plus full median and 29 feet of pavement. The improvements shall include construction of asphalt concrete pavement, curb/gutter, sidewalk, streetlights, catch basins, storm drains, and fully landscaped and irrigated raised curb median along the property frontage. Dillon Road shall be constructed as an " Arterial ." a)
>1
17
l'aqc, _101'7
18
All off-site street improvements along: a) Dillon Road shall be constructed as part of the first phase.
19.
Dedicate the required right-of-way along: NI a) Dillon Road "Arterial." to City of Indio, per general plan for an
20.
Applicant shall obtain encroachment permit prior to starting any street improvements within public streets. All street knuckles shall be per City of Indio standard drawing no. SS-25 and street cul-de-sacs shall be per City of Indio standard drawing no. SS-24, unless otherwise approved by the City of Indio Fire Department. The minimum grade on all proposed streets shall be 0.50% unless approved by City Engineer. The minimum radius for public streets shall be: Z Z a) b) R=35 feet and for Private streets R=20 feet
21.
x x x
22.
23.
24. 25.
The minimum street width for proposed private street shall be 41 feet. The proposed driveways shall be a radius driveway per City of Indio standard drawing no. SS-20 type D-1, R=20' min. Existing asphalt pavement along: Z a) Both sides of Dillon Road shall be pulverized and used as part of the base material and new pavement shall be placed from centerline to curb/gutter.
26.
27.
The proposed project shall comply with American with Disabilities Act (ADA) requirements. Street addresses shall be shown on: Z Z a) b) Water plans Precise grading plans
28.
29.
All improvements shall comply with City standards, requirements and policies. Developer is required to construct all transition and missing links between existing and proposed improvements.
Page 4 of 7
Drainage Requirements 30. 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. The 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 designed to eliminate standing water in the basin. The retention basin 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 with a maximum depth of 5 feet 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.
31.
Traffic Requirements 32. Developer shall submit traffic study with recommended traffic mitigations for review and approval by City of Indio Director of Public Works designated traffic engineer. Developer must comply with the recommended traffic mitigations. Applicant shall submit signage and striping plans for City approval. Proposed striping shall be thermoplastic per Caltrans standards. The proposed entrances located off of: El a) b) c) Dillon Road shall have stacking room for a minimum of ten vehicles with acceptable turn around. shall have stacking room for a minimum of vehicles with acceptable turn around. shall have stacking room for a minimum of vehicles with acceptable turn around.
33. 34.
35.
36.
Install "No Stopping at any time" signs along: a) b) c) d) Dillon Road property frontage. property frontage. property frontage. property frontage.
Pa;2e. 5 of 7
3T
Developer shall contribute: IX $Fair share toward the future installation of traffic signals within the project area. City traffic signal contributions shall be paid prior to recordation of the final map. Developer shall be responsible for installing traffic signals at proposed entrances if required by the traffic study as part of the traffic mitigations. Design proposed streets with Caltrans standards using the following information: ZI E a) b) c) Local street 25 MPH Collector 35 MPH Major, Arterial, Augmented Major (B), 55 MPH Augmented Major (A), and Augmented Arterial a)
38.
X X
39.
40.
Water Authority Requirements 41. The developer shall enter into a water service agreement with the Indio Water Authority (IWA) for domestic water service. The developer shall design the water system and submit for approval: ~~ a) Provide hydraulic calculation to meet domestic demands and Fire Department fire flow requirements for Indio Water Authority review and approval. Water plans for the proposed project in compliance with Indio Water Authority Standards.
42.
~~
b)
X X X
43.
A 24 inch DIP water pipe shall be extended along Dillon Road from Avenue 44 existing location to the northern property line of the proposed project along Dillon Road. A 24 inch DIP water pipe shall be extended from Terra Law to the proposed site. Developer shall dedicate three water well site(s) 150' X 150' minimum and three five acre parcels for future booster stations or reservoir sites at location(s) approved by Indio Water Authority (IWA) and a minimum of 1,000' separation from any other existing well or well site. A well site grading plan must be submitted prior and approved by the Indio Water Authority (IWA) to commencing work on the well site. The site(s) shall be completed with: Z >1 a) b) c) d) e) Block walls 16' driveway and gates 3' man gate Pad fully graded Landscape and irrigation along perimeter
Page 6 of
44.
45.
Ei
Z [Z
18-inch minimum water stub f) Power g) Z h) Telephone Developer to accept well blow-off waters Z Z 46. Developer shall accept blow-off water from well site(s) by installing pipe from well site(s) to nearest retention basin or lake.
Specialty Requirements
47.
All grading and pad elevations will be subject to approval of the Director of Development Services/Building and Safety and the Director of Public Works/City Engineer based on grading plans and additional information to be submitted during plan check. Pad elevations shown on the tentative map are for reference only and may be required to be changed. The Homeowners Association shall comply with the City of Indio insurance requirements. Developer must underground all overhead utilities fronting proposed project.
48.
49.
Prepared by: Roldan Lopez Civil Engineering Associate
Reviewed & Submitted by: Grant D. Eklund, P.E. City Engineer
Page 7 )1' 7
OF INDIO FIRE SERVICES

lire Prevention Office
Dale i=f-ailey Fire Marshal
Date: To:
November 9, 2006 City of India Community Development Services Sean Moore, Senior Planner TM 35057 (06-10-448) SunCal Citrus Ranch
Re:
This letter is in regard to the fire protection conditions concerning the above referenced case. The Fire Department requires the listed fire protection measures be provided in accordance with the Indio City Municipal Code and/or the Riverside County Fire Department Fire Protection Standards. The following apply to the residential development only: K Provide or show there exists a water system capable of delivering a fire flow in any case no less than 1500 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. Ref California Fire Code, section 903.2. a Approved accessible fire hydrants, shall be located at each street intersection and spaced not more than 500 feet apart in any direction, with no portion of any lot frontage more than 250 feet from a fire hydrant. Ref. CFC, section 903.4.2. a Prior to building plan approval and construction, applicant/developer shall furnish one copy of the water system fire hydrant plans to Indio Fire Services for review and approval. Plans shall be signed by a registered civil engineer, and shall conform hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Ref CFC, section 901.2.2.2. K Prior to issuance of building permits, the water system for fire protection must be provided as approved by Indio Fire Services and the local water authority. A fire flow verification test* shall be conducted by Indio Fire Prevention Bureau prior to any combustible material placed on the property/lot. Ref CFC, section 901.3 & 903.2. *Fire Flow Test form is available @ indio.org K Applicant/developer shall mount blue retro reflective pavement markers on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, the Indio Fire Services must approve placement of markers. Ref CFC, section 901.4.3
.ilst,.11,--4:n (.1 the en site water system shall comply with all requirements of NF 2A 2-1 aleici th( California Fire Code 2001 edition and City of Indio Water Standarc aid drawings. No combustibles shall be brought on site prior to the on site water system being installed and approved by the Indio Fire Services. Super fire hydrant required (6" X 4" X 2 1 /2" X 2 1/ 2 "). The valve stern of the 4" discharge shall be a minimum 18" above final grade, which means hydrant screw plate shall be above final grade. u The Civil Engineer who designs the water system hereby certified that this water system is in accordance with the requirements as, prescribed by the Indio Fire Services, the Uniform Fire Code and NFPA 24. Streets and cul-d-sacs shall be a minimum 40 feet wide for parking on both sides, which is in accordance with City of Indio Fire Code, CFC Appendix III-D, section 4 All proposed traffic calming elements for this development shall be submitted to the Fire Department for review and approval. LJ Access lanes will not have an up, or downgrade of more than 12%. (access will not be less than 20' in width per the 2000 UFC, Article 9, Section 902.2.2.1) and will have an unobstructed vertical clearance not less than 13'6"'. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. Streets shall be constructed in accordance with Indio City Street Standards. Ref CFC, section 902. Gate(s) shall be at a minimum 16 feet wide and power controlled or manual and gate access shall be equipped with a rapid entry system approved by the Fire Department. Plans shall be submitted to the Fire Department for review/approval prior to installation. Power controlled gates shall be equipped with emergency backup power and designed to be easily opened in the event of a power failure. Non-powered type gates shall have a means of emergency access approved by the Fire Department. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Required order forms shall be obtained from Fire Department. Ref ICC Chapter 93, section 93.07 (A). LI Gate entrances shall be a minimum 16 feet wide and at least 2 feet wider than the traffic lanes serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. When a oneway road with a single traffic lane provides access to a gate entrance, a 40' turning radius shall be used. u Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus. Ref CFC, section 902.2.2.4. a Developer shall provide temporary turn-around for cut-off streets created by phasing. a There shall be provided with a second Fire Department and public access/egress that is 40 feet wide. Ref CFC 902. Li Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall prepare and submit to the Fire Department for approval; a site plan designating required fire lanes with appropriate lane printing and/or signs.
vkE!Htrl s aandara/gnideiines handout shall be obtained from the ludic) Fu Prevention Bureau. Ref CFC, section 901.2.2.1. Flag lot is riot acceptable to the Fire Department due to complications with accessibilities. Review lot or eliminate as flag lot. All addressing shall conform to City of Indio Ordinance 151.135 (Purpose), 151.137 (Procedure for Assigning Numbers), 151.13 (Official Numbering System). During the construction of this project, the site address shall be clearly posted at the job site entrance. This will enable incoming emergency equipment and the inspectors to locate the job site from the assigned, street location. Numbers shall be a minimum of 24 inches in height. Fire safety during construction shall be in accordance with California Fire Code Article 87. Contact Fire Department for fire prevention handout. ci Prior to moving into the residences Contractor/Developer shall contact the Indio Fire Department to schedule an inspection for the items that were shown at the building permit issuance i.e.: access, addressing and water system. LI Conditions subject to change with adoption of new codes, ordinances, or when buildings permits are not obtained within twelve (12) months. Sincerely,
Captain Dale Frailey Fire Marshal Indio Fire Services
CITY OF INDIO FIRE SERVICES

Dire Prevention Office
Dale Frailey Fire Marshal
TO FROM:
Steve Walker, Community Development Captain Dale Frailey, FM
SUBJECT. Citrus Ranch Development Agreement & Mitigation Measures DA 1E: December 6, 2006
The following are the Fire Departments comments: Development Agreement: K 5.6 Density Transfers This could affect if the residental units are required to have sprinklers. But this will be determined at Design Review. 5.11 Fire Station Change approximately two (2) acres of land to a minimum of two (2) acres of land. Change 2 bay fire station to 3 bay fire station or eliminated reference to size or size to be determined by Fire Assessment needs. Developer shall receive a "full fee credit" against its obligation to pay services portion of the Fire and Police Capital impact fees as a result of conveying 2 acres of land for the fire station, is this to mean that the City of Indio will credit SunCal/Citrus Ranch approx. $630,000 ($205 X 3,075) for this 2 acre parcel? 8.2 CFD for Police Should this section title read CFD for Police, Fire and Paramedic Facilities/Services. Mitigation Measures: ra 13-2 - Prior to issuance of the first building permit, the developer shall pay applicable fire facility fees. The "fire facility fees" are in reference to SunCal/Citrus Ranch obligation for DIF or actual fire station construction and equipment costs?
CITY of INDIO Memorandum
DATE: TO FROM: SUBJECT:
October 30, 2006 Community Development Services Benjamin Guitron, Administrative Officer / Indio Police Department Citrus Ranch to construct 509 single family homes.
Our agency comments for this project are in response to the applicant of Citrus Ranch to construct 509 single family homes west of Dillon Rd. and north of Avenue 42. The following is our conditions of the project. 1. Request a lighting plan for the project. The plans should cover the interior streets, parks, retention basins, common areas, entrance gates and the meandering sidewalks. In addition we request a light fixture on each side of the garage; this future assists in lighting, the front of the homes. Refer to the Planning Department for standards. No low level lighting. 2. The retention basin must have adequate lighting to cover the open area so it can be seen clearly at night from the street by vehicle or on foot. Refer to the Planning Department for standards. No low level fighting. 3. If approved and reviewed by the Indio Fire Department we request the entrances and exits be designated FIRE LANE NO PARKING at the curbs to keep the area clear for emergency vehicles. 4. Request the project be a gated community. 5. This project will require the approval of a Security Plan to the satisfaction of the City of Indio Chief of Police and/or his/her designee. The plan must address as to how it will maintain the quality of life for this residentially planned community in it's CCR's. 6. Request the applicant to allow a police communications tower to be installed at one of the proposed water well locations in the project.
EXHIBIT D
EXHIBIT C
December 13, 2006 Planning Commission Staff Report (Without Attachments)
STAFF REPORT City of Indio

Planning Commission Meeting of December 13, 2006
APPLICATION: CITRUS RANCH Environmental Assessment 05-11-442 General Plan Amendment 05-11-74 Change of Zone 06-11-648 Specific Plan 05-11-16 Development Agreement 06-10-22 Tentative Tract Map 34485 (TM 06-10-447) Large Lot Tentative Tract Map 35057 (TM 06-10-448) APPLICANT: SunCal Companies 74-130 Country Club Drive Palm Desert, CA 92260
ENGINEER: ASSESSOR'S PARCEL NO.:
Same as Above
745-380-001, 745-380-002, 745-380-003, 601-031-001, 601-031003, 601-031-005, 601-031-006, 601-031-007, 601-031-008, 601031-009, 601-041-002, 601-041-009, 601-041-010, 601-041-011, 601-160-001, 601-160-002, 601-160-004, 601-170-004, 601-170005, 601-170-006, 601-170-007, & 601-170-008. West side of Dillon Road, approximately three miles north of Interstate 10.
PROJECT LOCATION:
GENERAL PLAN: Current: Estate Density Residential, Light Industrial, Open Space Conservation, Open Space Recreation. Proposed: Specific Plan ZONING: Current: Estate Density Residential, Light Industrial, Open Space Conservation, Open Space Recreation. Proposed: Specific Plan
ITEM 9
PLANNING COMMISSION - DECEMBER 13, 2006 PAGE 2
Vicinity Map
PROJECT DESCRIPTION: The applicant requests approval of the following applications: Environmental Assessment 05-11-443 Consideration of Environmental Impact Report. General Plan Amendment 05-11-74 Amendment to the City's General Plan Land Use element to re-designate a portion of Citrus Ranch from Open Space (OS) to Specific Plan (SP) and designate the other portion of Citrus Ranch into the City's General Plan from Riverside County Land Use Designations of Open Space Conservation and Light Industrial (LI) to Specific Plan (SP) Change of Zone 06-11-648 (Pre-Zoning) Change of Zone; 06-11-648 (Pre-Zoning); Change of Zone to pre-zone a portion of Citrus Ranch currently zoned Open Space (OS) as Specific Plan (SP) and include an additional portion of Citrus Ranch into the City's Zoning District currently designated by Riverside County as Open Space Conservation and Light Industrial (LI) to be pre-zoned as Specific Plan (SP). Specific Plan 05-11-16 The Specific Plan is proposed to establish the development standards for the development up to 3,075 residential units (single family and multi-family), a golf course, trails, a community center, golf course club house and maintenance yard, a fire station site, and a boutique hotel on 1,183 acres. Pre-Annexation Development Agreement 06-10-22 The development agreement is a contract between the City of Indio and the developer that sets the rights and responsibilities of the City and developer, and the procedures for the development of the 1,183 acre residential site. A Tentative Tract Map 34485 (TM 06-10-447) To allow the subdivision of 1,183 acres into 37 planning areas for master planning of the project site. A Tentative Tract Map 35057 (TM 06-10-448) To allow the subdivision of 85.94 acres into 457 residential lots with open space, recreational amenities, paved roadways, concrete walks and driveways, landscape areas, retention basin, and golf course.
SURROUNDING LAND USES: The general plan land use designations, zoning designations and surrounding land uses are shown in the table below.
General Plan Open Space Conservation Open Space Water Open Space Rural Open Space Conservation/ Open Space Rural
Zoning Open Space Conservation Open Space Water Open Space Rural
Current Land Use Vacant Vacant Vacant
Open Space Vacant Conservation/ Open Space Rural
PUBLIC NOTICE: A 10-day Notice of Public Hearing was published in the Desert Sun newspaper on December 3, 2006. All property owners within 300 feet were mailed a notice of public hearing on December 1, 2006. COMMENTS RECEIVED: As of the preparation of this Staff Report, no comments have been received regarding the project. However, comments were received regarding the DEIR, pursuant to CEQA, all comments will be addressed and responded to in the Final EIR (FEIR). BACKGROUND: The subject site is located northeast of City boundaries on the west side of Dillon Road, north of Interstate 10. The proposed site is flat, consisting of twenty-one parcels totaling 1,183 acres. Currently 690 acres are used to grow citrus. An abandoned citrus processing facility is located in the center of the citrus grove. The site is located in an area generally surrounded by vacant unimproved parcels.
ANALYSIS: El R Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City reviewed this project and determined that an Environmental Impact Report was required. As a result of this determination an EIR was prepared. The EIR determined that although the proposed project could result in significant impacts, most impacts could be mitigated to a less than significant level with exception to Air Quality and Mineral Resources. The public review period was from September 15, 2006 to October 31, 2006. Comments received during the public review period will be addressed and mitigated in the FEIR. The Planning Commission in its capacity as an advisory body to the City Council is being asked to only review and comment on the draft EIR. The final EIR and mitigation monitoring program will be submitted to the City Council for their consideration along with the SP and other entitlements. General Plan Amendment 05-11-74 The Local Agency Formation Commission (LAFCO) requires under State law that before any City amends its SOI, the area under consideration must be pre-designated and adopted into the City General Plan. Amending the SOI would allow the City in the future to annex this area into the City's official boundary lines. The project site consists of approximately 1,183 acres. Currently, only about half of the site is designated with the City's General Plan land use designation of Open Space (OP). However, the other portion of the site is only covered under Riverside County Land Use Designations (See Exhibit). The suggested General Plan land use designation for the entire project site is Specific Plan (SP). This proposed designation allows for overall flexibility in design and composition that will blend several different land use types into a single project. The proposed City's General Plan land use designation for the subject site would require that development be subject to a SP and further require an applicant to prepare and file a Specific Plan for any proposed development on the project site. The SP is part of the land use approvals sought by the applicant, Change of Zone 06-11-648 (Pre-Zoning) Pursuant to the City's Zoning Ordinance and the Local Agency Formation Commission (LAFCO) requirements, the City must amend it's zoning Ordinance to pre-zone the area under consideration. The site is designated with numerous Riverside County Zoning designations (See Change of Zone Exhibit Attachment F). The suggested pre-zoning designation for the entire project site is Specific Plan (SP).
Specific Plan The applicant has prepared a Specific Plan (See Attachment F) in conformance with the City's General Plan. The SP limits the potential number of units to 3,075 on the 1,183 acre site. The SP provides a Land Use Master Plan, Open Space/Recreational Plan, Circulation Plan, Grading and Drainage Plan, Fire/Emergency Management Plan, Utilities Systems, Planning Area Standards, and Development Regulations. Table 2 provides a detailed breakdown of the proposed uses below: Table 2 Residential Boutique Hotel Clubhouse Community Center Open Space Undisturbed Open Space Wilderness Trails Community Parks Neighborhood Parks Citrus Grove Paseos Recreation OS & Playfields Dillon Road Landscape Golf Course SE Drainage Channel Community Collector Streets Dillon Road R.O.W. Golf Course Maintenance Yard Fire Station Site Well Site 576.0 5.4 6.0 5.0 520.6 [186.7] [3.0] 6.1 [9.3] [11.3] [56.2] [7.2] [233.1] [7.7] 60.0 3.9 1.6 2.0 3.0
The SP delineates 37 planning areas within the site. The plan includes a mixture of neighborhoods and recreational uses designed to create a fully integrated master planned community. The plan incorporates open space with various housing densities. Some of the most noteworthy amenities included within the project are the 186 acres of undisturbed open space, 3 acres of wilderness trails, 6.1 acres of community parks, 9.3 acres of neighborhood parks, 11.3 acres citrus grove paseos, 56.2 acres of recreation open space and playfields, and 233.1 acres golf course (18-hole). Other amenities include a 6 acre site for a club house, 5 acre site for a community center, 2 acre site for a fire station site, and a 5.4 acre site for a boutique hotel. The proposed amenities and open space proposed within the development far exceed the City's General Plan requirements. Of the 37 planning areas in the SP, 29 are proposed for residential uses
Based on the land use plan shown in the SP and the table below, only 576 acres out of the total 1183.5 acres are proposed for residential land uses. The proposed density ranges from 2.5 to 14 dwelling units per acre. As outlined in the SP, all residential planning areas are consistent with the City's General Plan.
Citrus Ranch Residential Planning Area Summary Table 3
1 2 4 6 7 8 9A 9B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
5.0 4.9 5.9 15.2 16.8 9.5 24.0 7.1 10.5 10.0 15.5 9.6 17.7 29.4 15.1 27.4 14.3 34.5 18.7 24.8 25.1 20.0 27.7 38.1 43.6 19.3 34.7 31.2
LDR LDR LDR MDR MDR LDR MDR MDR MDR HDR HDR HDR HDR MDR LDR MDR LDR LDR LDR i nR LDR LDR LDR LDR MDR LDR MDR MDR
11 10 15 89 107 41 127 34 59 135 232 144 236 143 56 134 60 92 80 79 94 74 103 162 211 82 167 167
Overall, the proposed design of the Citrus Ranch SP is highly integrated and thoughtfully designed with significant amenities for the residents and the public to enjoy once the project is complete. The system of open space, parks, trails, enhanced landscaping, and other amenities will provide a strong sense of community for the future residents. Development Agreement 06-10-22 The Development Agreement addresses and resolves many of the terms and conditions under which the developer and the City will proceed with the development of the primarily residential development. A brief summary of the important terms of the DA are outlined below: The Development Agreement ("DA") has a term of 20 years; Allows for on site density transfers; Quimby fees are satisfied by improvements of on site parks, trails, and recreation facilities; Outlines the construction of various public improvements such as streets and water facilities.
Tentative Tract Map 34485 Pursuant to the Subdivision Map Act and City requirements, the applicant is seeking approval to subdivide 1,183 acres into 37 planning areas to allow for the master planning of the project site. The subdivision application will allow the developer to coordinate, carefully plan, and implement each planning area consistent with the proposed SP. The proposed tentative tract map is consistent with the proposed specific plan; therefore the findings for approval can be made. The overall design of the large lot TTM is consistent with the requirements of the proposed Specific Plan, as conditioned. The map is consistent with the requirements of the Zoning Ordinance, and the City's requirements for subdivisions. The findings for approval can be made. Tentative Tract Map 35057 This TTM includes a total of 457 residential lots, with lettered lots for streets, park area, drainage, landscaping, sidewalks, public utility easements, common areas, retention, and driveway access. The proposed project will take primary community access from Dillon Road and Avenue 40, with secondary access also being proposed off Dillon
Road, located on the southern most portion of the site. The primary community access will not be gated. However, a gate is proposed directly south of the round-a-bout adjacent to Planning Area 13. The southernmost secondary access is proposed to be gated as well. Circulation: The collector street or the spine road which traverses the entire project is proposed at 120 feet wide. Entry roads are proposed to be 150 feet wide. Interior streets are shown at 43 feet in width. Many of the proposed streets are curvilinear which will prevent vehicles from reaching excessive speeds or facilitate "race-ways". The proposed circulation system for the project conforms to the City's standard.
Map Design: The TTM proposes to subdivide 457 lots on 85.94 acres. The lots range in size from 5,000 to 10,500 square feet. The project will have a density of 5.31 dwelling units to the acre. The proposed subdivision is located within Planning Area 6, Low Density Residential and Planning Areas 4, 5, 7, 8, and 9 are located within Medium Density Residential. All proposed lots within the proposed TTM are consistent with the proposed SP with respect to lot size, density, and development requirements. The overall design of the map is consistent with the requirements of the proposed Specific Plan, as conditioned. The map is consistent with the requirements of the Zoning Ordinance, and the City's requirements for subdivisions. The findings for approval can be made. GENERAL PLAN CONSISTENCY: The project is consistent with the goals and objectives of the General Plan Land Use designation by providing a site suitable for a master planned community and various density types. The design of the project is consistent with the Land Use Element of the General Plan by providing amenities, enhanced landscaping, parks, open space, trails, and a golf course. CONCLUSIONS AND RECOMMENDATIONS It is recommended that the Planning Commission:
1. Recommend to the City Council to review and consider the draft El R; and 2. Recommend to the City Council approval of General Plan Amendment 0511-74 based on the findings and conditions of approval; and 3. Recommend to the City Council approval of Change of Zone 06-11-648 based on the findings and conditions of approval; and 4. Recommend to the City Council approval of Specific Plan 05-11-16 based
on the findings and conditions of approval; and 5. Recommend to the City Council approval of Development Agreement 06-1023 based on the findings and conditions of approval; and 6. Recommend to the City Council approval of Tentative Tract Map 34485 (0610-447 Large Lot) based on the findings and conditions of approval; and 7. Recommend to the City Council approval of Tentative Tract Map 35057 (0610-448 457 Lots) based on the findings and conditions of approval.
Respectfu submitted
Se n . Moore Senior Planner
Reviewed by:
Steve Walker Principal Planner
Approved by:
Stephen Copenhaver Community Development Director List of Attachments A. Findings and Resolutions B.Environmental Mitigation Measures C. Public Works Conditions D.Fire Department Conditions E.Police Department Conditions F. EIR, Specific Plan, Development Agreement, Sphere of Influence Exhibits, General Plan Exhibit, Zone Change Exhibit, and Tentative Tract Maps
EXHIBIT D
December 13, 2006 Planning Commission Draft Minutes
Indlo Planning ( ,Inutiksion
Minutes of the Regular Meeting of December 13,2006 Page 19
east. where the General Plan and the zoning are inconsistent. We have that obligation; only to the extent that we'll consult with the property owner and try to get it resolved one way or the other. Madam Chairperson Reed: Break from 6:53 p.m. to 7:04 p.m. Let the record reflect that all the Commissioners and the City Attorney are back on the dais. For the record Commissioner Bethel has also rejoined the Planning Commission meeting.
Item 9
SunCal; Citrus Ranch; has filed development applications located on the West side of Dillon road, approximately three miles north of Interstate 10. Entitlements include: a. Environmental Assessment 05-11-443; Consideration of Environmental Impact Report. b. General Plan Amendment; 05-11-74; Amendment to the City's General Plan Land Use element to re-designate a portion of Citrus Ranch currently Open Space (OP) as Specific Plan (SP) and include an additional portion of Citrus Ranch into the City's General Plan currently designated by Riverside County as Open Space Conservation and Light Industrial (LI) to be designated in the City's General Plan as Specific Plan (SP). c. Change of Zone; 06-11-648 (Pre-Zoning); Change of Zone to pre-zone a portion of Citrus Ranch currently zoned Open Space (OS) Specific Plan (SP) and include an additional portion of Citrus Ranch into the City's Zoning District currently designated by Riverside County as Open Space Conservation and Light Industrial (LI) to be pre-zoned as Specific Plan (SP). Resolution No. 1478 d. Specific Plan 05-11-16; The Specific Plan is proposed to establish the development standards for the development of up to 3,075 residential units (single-family and multi-family) on a 1,183 acre site. e. Development Agreement 06-10-22; to establish a contract between the City of Indio and the developer for consideration of the rights and procedures for the development of a 1,183-acre project site. f. Tentative Tract Map 34485 (06-10-447); to subdivide 1,183 acres into 37 planning areas for master planning of the project site. g. Tentative Tract Map 35057 (developed in multiple phases); to allow the subdivision of 85.94 acres into 457 residential lots. Sean Moore. Senior Planner and Luke Evans, Contract Planner
Staff report by:
A staff report was presented by Sean Moore, Senior Planner and Luke Evans, Contract Planner. Sean Moore, Senior Planner: An Environmental Assessment was prepared pursuant to CEQA and most things were found to be less than significant with the exception of air quality and mineral resources. Lake w ill speak on behalf of the consultant who prepared the EIR and will go into more detail about those two items. Luke Evans, Contract Planner: I work with Michael Bram and Associates. We have been working with the City for about a year on this EIR and we are very glad to be here tonight.
City Hindu Planning uninission
Minutes of the Regular Meeting of December 13, 2006 Page 20
As ,can discussed w.c were able to mitigate all impacts to below a level of significance for the project with the e \ception of. wo; those two being air quality and mineral resource impacts. In regard to the air quality impacts the significance level, even after mitigation, for both of those items will still be significani. I'd like to add that this is a large project. and as many of you know any time you move dirt around here its easy to trigger those thresholds. I would also like to add that the applicant will be subjected 10 sonic fairly stringent mitigation measures to bring those levels down to as low as possible. The other issue that sti Il remains significant is the situation with the mineral resource zones. About 30% of the site is within an MRZ-2 mineral resource zone, which according to CEQA guidelines requires a finding of significance is those minerals are to be made unavailable. Again, that is not an unusual circumstance in this area. given the widespread distribution of mineral resources. As far as mitigation liar that one there really isn't any feasible mitigation, because obviously, once you put homes or structures on top of those resources they are permanently- unavailable to all intents and purposed. Essentially. to certify the FIR the City would have to adopt a statement of overriding considerations fOr those two items; air quality and mineral resources. At this time staff is recommending that the Planning Commission take the following action: Review and consider the draft Environmental Impact Report; and . . Recommend to the City Council approval of a General Plan Amendment 05-11-74, -subjeetto-the-..-findings and conditions of approval as contained in. the staff report; and Recommend to the City Council approval ofa Change of Zone 06-11-648, subject to the findings and conditions of approval as contained in the staff report; and Recommend to the City Council approval of'a Specific Plan 05-11-16, subject to the findings and conditions of approval as contained in the staff report; and Recommend to the City Council approval of a Development Agreement 06-10-22, subject to the findings and conditions of approval as contained in the staff report; and Recommend to the City Council approval of a Tentative Tract Map 34485 (06-10-447), subject to the f indings and conditions of approval as contained in the staff report; and Recommend to the City Council approval of Tentative Tract Map 35057, subject to the findings and conditions of approval as contained in the staff report. ITEMS OF DISCUSSION FROM COMMISSIONERS AND STAFF: Commissioner Miller: You're talking about the dust controls; is it because of the soil that is underneath it, or is it because of the large area? Luke Evans, Contract Planner: The dust control, as far as air quality?
Commissioner Miller: Yes, the air quality; is it because of the kind of soil that is underneath it, or just because of the large quantity of acreage? Luke Evans, Contract Planner: Commissioner Bethel: It's not the type of soil. It's actually the size of the development.
And the area.
Plawiing C ominission
Luke rvaus. Contract Planner: In many of the projects that I work on, even small developments trigger these threTholds. it's not unusual. I just did a 120 acre project in the city of Colton, and that triggered it.; too. and this is about I .. 100 acres. That gives you an idea. Commissioner Bethel: It's also in a wind zone up there. Yes, that's true.
Luke Evans, Contract Planner: Commissioner Miller:
But, it's not unusual.
Luke Evans, Contract Planner: No. Commissioner Miller: That is what I was trying to across. Finished the staff report.
Sean Moore, Senior Planner:
Vice-Chair DuFault: In my staff report, under mitigation measures, there were two No. 61's. Steve Walker. Principal Planner: to City Council. We'll just make sure that those numbers are. cleaned up before they go - ,
Sean Moore, Senior Planner: One of the things I- failed to mention was that, and the City Attorney asked me to bring this out, and that is that with respect to the Development Agreement and the Specific Plan. the Development Agreement is the guiding document signed by the developer and the City, and all of those items vill be in conformance with the Development Agreement, so if there is something that is not consistent with the Development Agreement and the Specific Plan they will be brought .in conformance with the Development Agreement. Madam Chairperson Reed: Where in the Specific Plan is the commercial for this project? Sean Moore, Senior Planner: There is no commercial provided within this Specific Plan. However, there are opportunities: as the Commission knows, we annexed, pre-zoned General Plan 25 square miles, which includes Dillon Road, along in here (pointing to map), which will allow for ample opportunities for commercial should we annex in the future. Commissioner Bethel: Are we annexing those areas in? Sean Moore, Senior Planner: No, we are not. Currently we are filing an application with LAFCO to bring this area in our Sphere of Influence, and not annexing. We will be annexing the Citrus Ranch project, however. Commissioner Bethel: I always thought that they had to be contiguous in order to be into the city; that somewhere along the line it had to touch the city. Sean Moore, Senior Planner: This is correct. As you may recall, the Fiesta De Vida project, the LAI:CO Commission likes to work with cities and work out boundary issues, and they have said to staff
OR of Ind,0
Planinit ununission
that in th. future they would like to see how this would work for future annexation on the east side of. Dillon Road; they werent sure how that would work, but you are correct in terms that they have to be contw.rions. Vice-Chair DuFault. Is there one or two manned-gates, with guards? I believe it's two, but I'll defer that question to the applicant.
Sean Moore, Senior Planner:
!Award Kotkin. City Attorney. I discussed a couple of items with Mr. Moore prior to his very thorough staff report, and I just want to underscore that if you looked carefully at your Development Agreement draft that you all have. and I'm sure that you did that, you'd notice that it's not only a Development Agreement but it's a pre-annexation agreement as well. It speaks with specific reference to the I AFC process. It lays out in four-part harmony to the best of the applicant and the City's capacity to do so. 11le full range of possibilities in terms of how things pan out and what happens with respect to this project. Suffice it to say that for your purposes, and ultimately the City Council's purposes, that the agreement has a duel fnction. It functions as a Development Agreement with.respect to the-parts of the project that it legally can, and with respect to the entire remainder it functions as a- pre-annexation agreement. PUBLIC HEARING OPENED AT 7:16 P.M. APPLICANT: Adrian Peters. SunCal Companies. and Kelly Buffit,
ITEMS OF DISCUSSION FROM COMMISSIONERS, STAFF AND APPLICANT:' Adrian Peters: Congratulations on your promotion to the Chair. Thank you.
Madam Chairperson Reed:
Adrian Peters: I -1-n happy to he here this evening. I think we have a very exciting project, and we are very pleased that we were able to work with staff to really development a plan that we can all be really proud of. NBA has done a wonderful job in helping to work with us to get the EIR to where we needed it to he. What I can maybe do you is maybe answer a few questions, and with your indulgence we did have a little hit of a presentation that shouldn't take more than a couple of minutes. With regards to the manned-gates question, we will plan on having two manned-gate entrances at our project at this time. With respect to the Sphere of Influence situation, I think that in the end it will be contiguous. The property on the other side of Dillon Road, we're annexing a parcel to the south...just south of us there is another parcel that will be annexed and we'll connect to that parcel. Then there will he the parcel on the other side of Dillon Road. With regards to the commercial, I think that staff articulated it very well. I think being the pioneers in the area what we look at is that we are bringing the infrastructure and the rooftops into the area, and we think that down the road and we think that down the road there should be some really great opportunities for commercial to come along, along Dillon Road.. At this time we don't have the commercial proposed on
('jr, of Indio
Minutes of the Regular Meeting of December 13, 2006
Planning C ommission
Page 23
our site, but again I think there will be down the road many opportunities for that to take place. What I'd like to do at this time is turn this over to Kelly Buffa, who is my planning consultant on this project. She has a very brief presentation where we would like to articulate a few points, and then be more than happy to answer any questions at the end. Thank you. Kelly Rut fa: Staff has done a great job in outlining for you in a staff report, and in Sean's presentation, what the various elements of Citrus Ranch are. What we wanted to do tonight is share with you our concept of how those elements lit together, and how they relate to each other, to create a community, There are several principles that we think are very important in developing Citrus Ranch and one of those is creating a community that has a real strong sense of "place." When you get there you know you've arrived in a place that is special. We also want to create a community that has sort of a resort-like atmosphere. Its very luxurious. It's very welcoming. Very much like if you've pulled into the driveway of a great upscale resort hotel. Lastly, we want to respect the heritage of this community, and the history that is associated with this property. You all know that it's been a lemon grove for a long time. It's an operating citrus orchard, and we want to respect that heritage and bring-that forward into the plan that- we develop. So. as we go though this you'll see.how those elements work togetherto achieve the planningprinciples that we are trying to incorporate. Sean showed you the land use plan, and we ,don't need to spend a lot of time on that. You know that the elements involved are; A broad range of housing densities; and A broad variety and range of recreational Opportunities; and Open spaces: and Go If course: and A boutique Hotel. When you come into the community along Dillon Road you'll enter a roundabout that is truly spectacular. It's grand-scale. It's landscaped with big palm trees that kind of reflect back on Indio's heritage with the palms. We want to create a real sense of arrival. When you get to Citrus Ranch you know that it's a special place: it's a different place. As you go into the community the first thing you come to is the golf course Clubhouse. This is a rendering (pointing to map) of how that Clubhouse might look. We're kind of harkening back to the Spanish architecture. It's a more contemporary interpretation of that, but we think that this will be a really dramatic statement when you enter the community. The golf course itself is landscaped in such a way to do two things: 1. to reinforce that sense of a luxury resort environment, and that is done largely through the
landscaping. The golf course is a set of returning nines. The upper nine holes will be a little bit more lushly landscaped, with palm trees, citrus trees, and the lower nine is a little more of the
desertscape. The golf course holes that are up in the Indio Hills (pointing to map) are target-style golf, so up there you'll see very little landscaping. There will just be, and I don't play golf and don t know enough about it to really describe this well, but the tee boxes and the greens will be landscaped. and as I understand it everything along the fairways remains much more natural.
Indio Planning t ommission
In addition, at the entry. ihe Boutique I lotel is located right next to the golf course Clubhouse. It's a small hotel. but it 's designed to help create the inter-relationship of the activity spaces within the conamatily. Right at the entry we've congregated the Clubhouse, the Boutique Hotel, and also the
COM 1111111
recreation center, and the highest density housing, and the purpose is to really create the heart or the community. You get the places here where people will gather, where people will come together and florin community relationships. so we're excited about that. The community recreation center is open to the residents and people who are staying in the hotel. It's a great space, and this will be where the pool is and the workout room_ the meeting rooms, and those kinds of spaces.
Once you leave the heart of the community, the central core, you'll enter through the gates, and you'll be into the residential area. ShoKed some PowerPoint images at this point. The architectural styles will reflect hack to the heritage of this area. We are drawing on the character of the desert community. The open space system through Citrus Ranch, and Sean talked about this so I won't dwell on it too much, but what shows up here in yellow (pointing to imp) are community parks, the little green spots that look really small but are actually really big, are neighborhood parks, and you can see that there are quite a few of them. The goal is to have a neighborhood park in, or right next to, every single neighborhood so there is always it place for the kids to go and play that is very close to home, so they don't have tocross.a.busy street_ but can be in the neighborhood and go and have a place to play. These spaces are all connected by a series of citrus-lines paseos, and again the citrus theme and we are' kind of using that again. and re-characterizing the community with the citrus trees, so there is an off-street trail network of citrus paseos. There is also an on-street trail system, and in the top illustration here (pointing 10 'nap), which is along Dillon Road, will have a wide trail next to Dillon Road,. and then internal to the community, everything that is shown there in blue (pointing to map) connects all the parks to the streets so you can always walk from place to place very conveniently. Lastly, there is a series of wilderness trails. This community contains over 500 acres of recreational open space features and 186 acres of that are undeveloped natural open space. In that part of the community we are developing a small trail system so that you can go up into the hills, and enjoy the vistas and the viewpoints. The property immediately to the west of this area is run by the Bureau of Land Management, so it will he a nice place to go and admire the view. The crown: jewel of the recreation system is the northern Recreation Zone, and it's up along the northern edge of the property: baseball fields, soccer fields, active sports uses, turf play areas that are not programmed play areas, but just an open place to go and throw a Frisbee and walk the dog or whatever. There's an extensive trail system here. There is also a creek system that will build into this, to carry storm flows through the property. Because this park is inside the gate, but because it has active play fields, we wanted to create a way for people who don't live in Citrus Ranch to he able to use these sports fields. Sports fields only work for you if you can host a game; somebody who doesn't live in your neighborhood is going to come play softball. Right here, (pointing to map) along this edge, is this street. It's a public street. It makes those fields accessible_ and there will he parking there so that you can come from another part of the city, park there. and have immediate access to the fields without having to drive through a gate. So, anybody who lives in the area can come and use these sports fields, park their car, get their kids and enjoy a game there.
Ind 0
Planning ( .inunission
anted to illustrate for you how the community is going to feel, how it is going to live, what it's We illtit going to t el like once you are in Citrus Ranch. We can always tell when we've developed a successful community, if when you get there you know that's where you want to live before you ever see the house. And. that's what we think we are doing with Citrus Ranch. Thank you. At this time we hope you strongly consider our project, and we hope that you Adrian Piiters: recommend approval to the City, Council. Thank you very much. Commissioner Bethel: Would you consider driving 25 miles to buy a quart of milk? Just a question!
If you're referring to the Citrus Ranch residents, we did an analysis of the commercial Adrian Peters: uses within the driving proximity of the project. and it's considerable less than 25 miles. We found several places down Dillon Road and in the city of Indio itself that are within five to ten minutes-of the project. Commissioner:Bethel: Adrian Peters: Those aren't in Indio. .[hose are in Coachella.
We found projects actually in the city of Indio that are within...
Commissioner Bethel: Can you name one for me please? Bear with me For a few minutes...we didn't want to misspeak for the record; but We did Adrian Peters: an analysis about a month or so ago that we shared with the City, and we found that thete:was an Albertson's on Jackson Street and Avenue 44 I believe... Commissioner Bethel: Adrian Peters: 'Ehat's in Coachella.
...that is 10 minutes and 45 seconds. That's in Coachella. 'Mat's Avenue 48.
Commissioner Bethel:
Madam Chairperson Reed: Commissioner Bethel:
It's Avenue 48 and Jackson Street, and that's in Coachella.
Adrian Peters:
Okay.
Fm well aware that there are no shopping areas close to north Indio, at all, Commissioner Bethel: because I've lived there for 46 years, but the thing is that if you build this, like you are planning to build it. without any commercial element, I promise you, Coachella will step up to the plate and they will have the commercial element there, so that leaves Indio with just having houses. Houses themselves do not support the infrastructure that they require. That's not good. Even though you're going to up a Fire station out there, that's good, but who's paying the fire men? The city of Indio is. Where's the money come from? Comes from taxes. But, the thing is, that without the
tin t lmi o I'launiingt immis-aon
voinmerei tl clement is doesn't pay for itself. and I really think that. you need to think this out a little clearer as to whether or not you're asking people to come out here, to spend their livelihood and their days iii th-s area. and even though it's an upscale project, and I agree with you, it is an upscale project, but I am extremely concerned about where people are going to shop just for their loaf of bread and their quart of H I lk. I am real con c erned about that, and I don't want somebody to come back to me years later, down the tine. and say- "well, gee, you approved these houses but now we can't even buy a quart of milk." This is not good. Well. if I can answer your questions I'll try to recall them in the order that you brought Adrian Peters: them up. With regards to the ability to buy a quart of milk, there are ample locations down the street so if somebody did want to buy a quart of milk they could find one at the Love's market, which is only a couple of minutes down the road. Gasoline and other provisions are not very far away. With regards to the implications on the potential revenue loss by the city of Indio, if you had the opportunity to read the fiscal impact analysis that our consultant did, and the staff reviewed and the _EIR consultant reviewed, the project is fiscally viable, even without the commercial. It's tremendously fiscally viable, to the positive for the benefit of the city. Again. the reality- is that the project does not pencil out with a commercial use at this time. There are simply not enough homes out there to make it happen. As the pioneer in the area, widening Dillon Road, putting in the water. putting in the sewer, putting in the storm drain, putting in the infrastructure, putting in the rooftops. we're highly confident that this is going to be the genesis of something really special happening in the area, and will attract the commercial developers, and will attract the business park developers as time goes on, so we are highly confident with that regard, and with all due respect we have actually spent a considerable of time weighing the benefits of a designated commercial component and it dies not meet out business plan objectives. l would like to point out that we do have a Boutique Hotel that is proposed to be a component of the project, wind that will indeed tax revenues for the City as well, so we're kind of excited about that component of the project, obviously. On the project itself, obviously you're going to do it in stages. Are you planning Commissioner Miller: on the golf course and the hotel being the first phase, or what are your plans, and how long of a term are you looking at before von think you'll be three quarters or half way done with it? Well, we intend to develop the golf course starting right off the bat, with the Adrian Peters: de elopment of the project. "[he location of the golf course is integral to the grading operation of both our Plume 1. ,which is the lower 3'd of the project, as well as Phase 2. which are holes 1-9. Our objective is to get the golf course in as soon as possible. We want to get the golf course up and operational. We want to gel the clubhouse in, because we think those are tremendous selling points for the project. The Development Agreement lays out some phases of timing of when we are obligated to get those in, and if anYthing were going to probably get them done sooner rather than later, so we are highly confident of that. Basically, what you've said is that you are not willing to include a Madam .'hairperson Reed: commert ial component to this project at this time. Is that what you arc saying?
tnd Planning
0 15
Minute. ,; of the Regular Meeting of December 13, 2006 Page 27
Adrian Peters: make eclat
Not withstanding the hotel component, we are not in support of that. It simply does not sense for us to do that at this time. Flow about if a Rite Aid wanted to be a part of your project?
Madam Caairperson Reed:
We would certainly he willing to talk to anybody who would be interested in talking to Adrian Peters: us, hut wt have had an army of consultants' offer us advice, and we're going based upon what they are telling US :s feasible in the short term vs. the long term. I would throw out there that I have talked to Robert Lewis with Pacific Madam hairperson Reed: De\ elopniem Group, who basically is out trying to put Rite Aids in lots of places, and he thinks that over 3.001) homes, and the surrounding area there of Indio I lilts, is more than adequate to support a Rite Aid and would he interested in that. If \ ott had that type of business...because here's our concern, and I'm only speaking for myself . obviously-. but my concern is this: that's in a very remote location. Dillon Road is a dark, curvy, bumpy road_ and I can foresee teenagers walking Irom there, down to the Love Center and getting hit by cars- I can see people in the middle of the night needing diapers, or needing whatever, and having to drive that road at night, and there are a lot of huge semi-trucks down in that area where you're talking about;the. Love's area. It's a truck stop. It's a dangerous place. 'there are accidents that occur there all of thetime; and that r, in Coachella. and not. Indio. Not only ire we talking about not getting the benefit of all those homes for tax dollars of Indio, but we're. talking about putting over 3.000 homes, with probably 6,0_00 people, which is about six hundred times bigger than the town that 1 grew up in, and we had a store. There's nowhere for them to get the most common things. If on go to resorts, and I do go to resorts sometimes when I'm lucky, when you go rouse happy to see a store that you can get sundry items at. You're looking for a place to get some deodorant:. if you're on vacation you want a place where you can get typical items. Vy e re parting people out in a very remote area, on a very undeveloped road, a huge project, with no uommercial at all. I don't think it's safe for the people who are there. I think you have more responsibility than that. I certainly appreciate your comments. As you probably know Dillon Road as it looks Adrian Peters: today is not going to be what Dillon Road looks like when we are building our project. We're going to he making an effort to improve the road to it's widened requirements: earlier rather later, and there are some requirements in the Development Agreement as well as the traffic study that is part of the EIR that require us to build the road. It will have detached sidewalks, which we think are safer. It's also going to be designed in a way that is much safer, and doesn't have the dips and the bumps and the potholes and everything else that comes with the road that maybe has not been very well maintained over the years. We- re confident that we'll he able to work out the safety issues with the Engineering Department, Public Works, I- ire and Police as well. Again, harkening back to the commercial thing, yes, at some point when there are 3,000 homes out there there may be some interest however, they are not interested in it today. They are interested in talking
Md o l'IumurT C )mmision
abc iut it, hut they're really interested in buying it live to ten years from now, when they have the assigned motions that are built and on the ground. So. it's difficult for us to just hold the land for a period of time, and Just vi int and \Atilt and wait. 'that's not really what we do. Again_ we think that over time there will he tremendous opportunities adjacent to us, and south of us, that I think yo,i \kill see will come along the line there. Well, let's just say what if an adjacent landowner sues somebody, and Madam t: hairperson Reed: doesn't allow that land to be developed for commercial, and those people are stuck with no shopping. can I resec that happening. Adrian Peters: I appreciate .our comments. Where exactly are you improving Dillon Road? Is it just contiguous to Citrus
Vice-Chas Durault: Ranch"
We're proposing it from Avenue 44, -and northward. We're actually going .off-site, Adrian Peters: south of us, to do improvements to the road. Commissioner l3ethel: Adrian Puters: you be widening the bridge'?
There will be improvements that we arc working out with the City Engineer. 'tile land just south, is that a conservation area or is that a private ownership down
Vice-Chair DuFault: there'? Adrian Peters:
'That's federal land. Just to clarify, that is part of the annexation process, to make the
contiguous piece work_ Vice-Chair DuFault: The rest of it isn't suitable for commercial. Could it he interior?
Adrian P2ters: .I'he suitabilit} for commercial would be either to the northeast or to the south; not immediately adjacent to us. V ice-Chair Dui :atilt: Adrian P..!ters: What about where the land juts in, toward the top tract map?
That's owned by other parties at this time, and we don't have any control over that
property. Those are actually sites that are designated at this point as potential reservoir sites for us that we need to acquire for the development of the property. Vice-Chair DuFault: Adrian Peters: I-low much acreage do you think that is, that triangle there?
Perhaps 30 to 40 acres perhaps, if Sean's math is correct. YiJu said it's difficult owners?
Vice-Chair DuFault:
Ca\ Ina a Planning C iminission
A series of difficult ownerships out there. yes. As you can see all the various parcels Adrian Peers: make the assemblage of parcels somewhat complicated. RBA ESTS FROM AUDIENCE TO SPEAK: I'm the Director of Engineering for the Coachella Valley Water District. The District Mark Johnson: has made a prior comment on this project, in writing on September 22, 2006. We submitted a general development review letter. On November 17, 2006 we submitted comments on the notice of availability lOr the FIR. On December 6. 2006 we provided comments on the water supply assessment, and also attended a Public Hearing and made public comment. Although there are sonic challenging storm water issues with the project our primary concerns surround the provision of domestic drinking water, waste water and irrigation water service to the project. Pursuant to the 2002 settlement agreement, entered into by and between Coachella Valley Water District and the City of ledio and the Indio Water Authority, the District and the City of Indio have reached tentative agreemem whereby the Indio Water Authority would provide domestic water service to Citrus Ranch, and I emphasiie tentative. Pursuant 'o the 2005 service agreement between the Coachella Valley. Water District and Valley Sanitary District, the District \kill provide sanitation service to Citrus Ranch in- accordance with .the current regidatioris or (Away We arc eoneerned, also, that the project as proposed has not considered the use of Colorado River water front the .'oachella Canal to irrigate the golf course and perhaps provide a duel water system to- irrigate public and residential lots using non-potable water, which would reduce.demand ()tithe aquifer. (if particular concern are issues in the various water resource and environmental documents provided for this project. for example. the Citrus Ranch water supply assessment, the ETR and the response to CVWD's FIR comments rely on water supplies identified in the District's Coachella Valley Water Management Plan. While what Citrus Ranch has proposed lies within CVWD's District boundary, it is outside the study area for the plan. In other words, the water demands for the Citrus Ranch project were not considered in the Coachella Valley Water Management Plan. Additional water supplies for Citrus Ranch must be identified in the water supply assessment for this development. Hie water supply assessment also incorrectly describes the relationship between the District, the Desert Water Agenc : and the Metropolitan Water District of Southern California. The water supply assessment states that the District and DWA fall under the Metropolitan Water District umbrella, and that Metropolitan Water District Capital Investment Funds support the Coachella Valley Water Management Plan programs. The District and Desert Water Agency are state water project contractors, independent of Metropolitan and the programs in the Water Management Plan are funded by the District using funding mechanisms such as replenishment assessment charge and water rates. In additii In there are several significant factual errors in the water supply assessment. For example, CVWD's Improvement District No. 1, which is the area in which we are allowed to provide irrigation
ser\ lec. is eontused throughout the document with the Imperial Irrigation District. Also, CVWD's emit lenient s from the olorado River and the State Water project are incorrect throughout the document. MuLli of the tit! in the water supply- assessment is outdated.
Since you are basically in overtime, could I just ask you to just sum up what Madam Chairperson Reed: it is that you are recommending to the Commission. Marl. Joluison: I'm close to being done. Okay.
Madam Chairperson Reed:
Also. the demand factors as stated in the water supply assessment are not adequately Mark Johnson: explained. The District respectively requests that the Planning Commission consider these issues either prior to approval of the Citrus Ranch plan, or condition the approval subject to the District, the City and the developer resolving the issues related to the provision of water, of waste water and irrigation service to ( 'Urns Ranch. Thank von. I just want to note for the record that Mr. Jim Smith, our Public Works Edward Kotkin, City Attorney: Director_ has prepared a letter that we'd like to lodge in the record tonight, to Mr. Johnson, dated with Copies of the letter have been distributed to yourself and other members.- of - the. today's date Commission_ .I.here arc copies of the letter available to the public, outside in the foyer. Madam Chairperson Reed: Mr. Smith, would you like to respond to those comments?
In reference to the water, the Indio Water Authority .did in, fact Jim Smith, Public Works Director: consider 1: water supply assessment. and did recommend approval. We are not providing waste water, do I wouldn't he able to provide comment to that. There will be in fact an agreement forthcoming on the waste water issue. As far as irrigation, I think that we are probably very grateful between Indio Water Authority and the Coachella Valley Water District for all the things that we are doing, to provide water throughout the area and region and the state as the area is in an overdraft. However, I think that the letter speaks to itself. and I'll be happy to entertain any questions that the Commission may have. Did we look at the canal water? Most of the golf courses in the Coachella Commissioner Miller: Valley are switching over either to the reclaimed water or to the canal water if it's available. Is that something that you've thought looking into for them? It's one of the active programs that we continue to look at. We liar Smith. Public Works Director: have pro,isions throughout the valley for making use of that type of water. I know that the CVWD continues to make improvements, because the irrigation water is an important issue to the agricultural industry of the valley. As it relates to the golf course, I think there are some additional studies that the developer would do to look at the quality of such water to understand it's impact on the green surface, and the builditp of salts, tOr example. to make sure that the proper mixing is being used, because the golf industry .s a little hit more sensitive about the use of water than just agricultural using water to irrigate
Commissioner Miller.
I do that for a living, so 1 know that it's done, but the duel system, Mr. Johnson
hid ('
inalws vilid point that duc to the amount of water that the golf course uses, and even though we are very (jilt:lent i t w hat we do it does use an extreme amount of water. and there are duel systems that areChishing .trcens with regular water and having to set up on the greens in areas that are lable delicate, maybe horticulture plants_ and stuff to be used on that, and then reclaim or use canal water on the other area-:_ which is \ cry viable.. So. it's something that we do need to look at as a whole, and not just tot this pn)perty but for the whole valley. We see it as a design issue more than an entitlement issue, so we Jim Smith. Public Works Director: would loos: to work with everybody at the design level. Commissioner Miller: Thank you.
with Van Cal Projects. My company owns substantial land in this area, directly to Robert Pippin. the smith m Fargo Canyon, on both sides of Dillon Road.. We couldn't be more pleased with SunCal and their development. [in familiar with SunCal in my previous occupation as a lawyer, and I know Mn Kotk in from that endeavor, hut I've looked at a number of their projects and they are all first rate, which your city desperately needs, because your northern sphere is gone, and full of houses at least when I. go out there and look it's pretty well full of houses. This project.on Dillon Road will make that area. aliver MN company owns 800 acres out there, and we may solve part.of your commercial problem. Fdon't know. W,2. haven't looked at it vet. I have some empathy for SunCal in that area, because you may have Rite Aid hat is interested in building, but they wouldn't build a store now. There's nothing there. It's going to take time, and all of us will he out there for a tong time..These are big projects. They're project is just i1,07gL'OLIS, and we heartily support it, even though it will be competition for us at some point, butthey do a :Teat job and it can't help but help us, and help you. .APPLK 1,NTS REBUTTAL: None Pt RUC HEARING CLOSED AT 7:53 P.M. ITEMS OF DISCUSSION FROM COMMISSIONERS:
Coln missioner Diaz:
'Fo our Chair's concern about commercial, Neighborhood Commercial Zoning possibly on the east side of Dillon Road, if that is something that is going to be in the future as far as annexation, well the Sphere of Influence first obviously, but then annexation, is that staff make sure that there are Neighborhood Commercial Zonings in that area as part of the annexation. Vice-Chair DuFault: I think with all the road improvements that they are going to be doing on Dillon Road. widening the road, adding trails, even bus stops, lire station, bicycle racks...we've never asked anyone to do bicycle racks before. Another thing that they were going to be improving is having broadband connections within the community. 1 just see a lot of extra amenities being offered in this community. I totally agree with your retail. I absolutely do. Why don't you call the owners of the land just north. for the Rite Aid people, or, when we get the additional annexed land? Maybe the City will put some additional 10 to 15 acres maybe, for commercial? It's premature, I think, right now to he
( . 11 \ d
hid o
Minutes of the Regular Meeting of December 13, 2006

Page 32
demanding the commercial, beibre vv e have the golf course and the streets and the homes in. One other thing I might also add, and remind the Commission that because this is Conon issi )ner nat.: a phased 1- Toject we arc probably looking at maybe two or three, or maybe even longer before we ever get to the threshold of having enough rooftops out there to attract a commercial. I also agree, and I wish we could hav- :, it right now, hut I think its also premature because there isn't anybody that's going to be building something that services .3,000 homes when you're only going to start out with maybe two or three hundred, and then work up from there, over a several year period of time. I think it's a quality project. I think they have done their due diligence and what Commissioner Miller the area is for incorporating an area that I think will jumpstart it; that area as a whole. They're upgrading the streets. and yes the commercial is an important part, hut there isn't anything out there at the present time. I like the idea that they've incorporated the history, the citrus and the other stuff into their project. That they - ve taken an MI.JSP in there by doing a softscape up on the golf course up in the hills, so I think tho v e dt die a very good job of doing that. I think that once the project gets going, and if they work with staff and ether developers. I think the commercial will come as the housetops build. I think that whoever gets in on there at the right time will probably make some good money for doing a commercial area in there_ and I think you'll see quite a few people get involved in that. You can see what they've done at . feet I agc. and this looks like it's going to be even a better project, so I think that it's a good fit for that area_ and think it will he good for the Cityol Commissioner Bethel: I concur,
1 am at least going to state my opinions on the record here. First of all, Madam k hairperson Reed: hate that yve have a project of this size, with all of these different types of housing, like cluster homes, with no Design Review. I understand we can't have that ail at once, but it's a big problem that is going to conic hack and haunt us. just as it did in Tera Lago, when we had cluster homes where they wanted to put five bedroom homes on tinny, tiny little spaces with no parking areas available, and being told pretty much that "you approved it, so you're stuck with it." What we have are a lot of residential-low lots that are less than 8,000 square feet, which is our minimum requirements. [his is a project where there is a lot of housing, and a small space, and even though the amenities are very nice, and I know that in the long term it's going to be a very nice project, but I think that there arc a lot of problems with it that, if I just say it like it is or how I think it is; the developers come in and they want to use up all the available room for houses and make as much money as they can, and basically leave us, and the people who live there, holding the hag as is happening in a lot of the other north Indio areas right now. have a t)t knf concerns about having a project with that many homes and we're talking a lot of homes. IThis isn't a small neighborhood. This is a huge project that is in a very remote area, with a road that will he fixed at the developer's expense, but part of it will he fixed, and what happens in the meantime? It is of some concern to me. How to repair it, I don't know! I can give them the card of the person I talked to who said they are willing to go start with them, but that's all I can do. With that. that's all the comments I have, hut it's a project that concerns me, and the size, and the number of homes. in the remote location_ on a very bad road, with no shopping, at all; not even the basics. We're
, 0 Ind 0
talking amenities of softball fields but now here to get a coke to drink while you're watching a softball game. I (hilt know li seems to me ifs unfortunate, and I'm not happy with that. We provided completely revised versions of the two resolutions Ldw.ird otkin. City Attornev regarding the . fraet Map. There are a few changes in the resolution related to the Specific Plan that parallel w test we did in the tract Map resolutions. I'm going to run those down very quickly: Lock at section 2. of the Specific Plan resolution; Condition No. 7, should be stricken, and in its place we're going to insert the same language in Condition No. 15 of Tentative Tract Map 35057's resolution. So, ( amdition NO. 15 of the Tentative Tract Map into Condition No. 7's place; and We will remove Condition No. 8, of the Specific Plan, and we are going to insert Condition No. 16 of tliat saute nap, which is Tentative Tract Map 35057: that resolution into the place of Condition No. 8. So, Condition No. 16 ()idle Tentative Tract Map35057 into Condition No. 8's place; and We will put Condition No. 17 of the Tentative Tract Map 35057 into Condition No. 10's place. I've gone over these :ondition s, that is the revised conditions in the resolution, with the applicant, andInv understanding is that the applicant is amenable to the revised resolutions in their entirety regarding the Tract Map, and would therefore he comfortable with the revisions on the Specific Plan. One other thing: With Condition No. 14. of the mitigation measures. every place where it appears, with respect to eacn of the listings of the mitigation measures, will read as follows: "Prior to recordation of the firs' Final Tract Map the developer shall dedicate by separate instrument a two acre site for one urban lire station.- The i emainder of mitigation measure 44 would he stricken, and in place of the remainder of MM 44. every place that it appears on, as an attachment to all of these resolutions, we would insert Condition No. I 7 of the Tentative Tract Map, which says "The developer shall comply \vim the requirements of the Indio Eire Services applicable to the project prior to the City's issuance of trie first building permit in the project.MOTION: M;S Vice-Chair Duraidt/C'ommissioner Miller - that the Planning Commission take the following action: RECOMMEND to the City Council APPROVAL of and to REVIEW and CONSIDER the draft En, ironmental Impact Report. Motion passes 4/1/0 vv ith the following vote: AN'TS: Ne)f..S: ABSTAIN: Commissioner Bethel. Commissioner Diaz, Commissioner Miller and Vice-Chair Dul"ault. Madam Chairperson Reed. None.
mornoN:
WS Commissioner Bethel/Vice-Chair DuFault - that the Planning Commission take the following action: RECOMMEND to
the City Council APPROVAL of a General Plan Amendment 05-11-74, subject to ;he findings and conditions of approval as contained in the staff report.
Resolution No. 1478
Motion 1,-asses 4/ 1 /0 ith the following vote:
EXHIBIT E
EIR, Specific Plan, Pre-Annexation Development Agreement, Sphere of Influence Exhibits, General Plan Exhibit, Zone Change Exhibit, and Tentative Tract Maps
CITY COUNCIL/REDEVELOPMENT AGENCY CLOSED SESSION JANUARY 17, 2007 Mayor/Chairman Godfrey called the Closed Session meeting of the City Council and the Redevelopment Agency of the Cit of Indio, California, to order at 5:00 p.m. in the Council Chambers located at 150 Civic Center Mall, Indio, California. ROLL CALL: Present: Chairman/Mayor Ben Godfrey Vice Chair/Mayor Pro Tern Lupe Ramos Watson Agency/Councilmember Melanie Fesmire Agency/Councilmember Michael H. Wilson Agency/Councilmember Gene Gilbert
Absent: PUBLIC COMMENT NONE
There being no comment, the Agency/Council adjourned to Closed Session in the conference room at City Hall at 100 Civic Center Mall, Indio, California. CITY COUNCIL/REDEVELOPMENT AGENCY AND INDIO PUBLIC FINANCING AUTHORITY MEETING JANUARY 17, 2007 Director/Chairman/Mayor Ben Godfrey called the regular meeting of the Indio Public Financing Authority, the Redevelopment Agency and the City Council of the City of Indio, California, to order at 6:00 p.m. in the Council Chambers located at 150 Civic Center Mall, Indio, California. ROLL CALL: Present: Director/Chairman/Mayor Ben Godfrey DirectorNice Chair/Mayor Pro Tern Lupe Ramos Watson Director/Agency/Councilmember Melanie Fesmire Director/Agency/Councilmember Gene Gilbert Director/Agency/Councilmember Michael H. Wilson Indio Youth Advisory Councilmember Kalin Fain
The 2007 National Date Festival Queen Scheherazade and Court were introduced by Barbara Creson, Queen Mom to include Jessica Walls, Queen Scheherazade 18 year old and a Freshman at College of the Desert; Cassie Fausel, Princess Dunyazade 17 year old Senior at Palm Desert High School; and Sarah Manning, Princess Jasmine 17 year old Senior at Cathedral City High School. They invited the public to attend the Date Festival in February and enjoy all it has to offer. They distributed brochures advertising the festival and the entertainment scheduled for this year. The new employees to the City of Indio were introduced as Kathy Ward, GIS Analyst I; Denise Weaver, Administrative Assistant; Robert Edwards, Environmental Programs Coordinator; and Jose L. Valderas III, Engineering Technician II. The City Council welcomed them to the City of Indio.
City of Indio City Council Meeting January 17, 2007 continued
INDIO YOUTH ADVISORY COUNCIL ROLL CALL: Present: Venessa Becerra, Kalin Fain, Gabriela Herrera, Leslie Torrez Absent:Kenya Aguiniga, Laura Alvarez, Lawson Bagby, Jonathan Becerra, Carolina Ceja, Jasmin Ceja, Fernanda Fajardo, Niko Guitron, Martha Gutierrez, Jovani Lozano, Lucinda Perez, Desiree Porras, Jose Rodriguez, Ruben Tovar, Sabrina Valdez, Jose Valenzuela, Tatiana Zepeda Venessa Becerra reported the IYAC will be participating in the American Cancer Society Relay for Life and they have a $100 drive for each member for a total of 24 members and they are accepting donations. There being no further business, the IYAC adjourned at 6:13 p.m. 1. REPORT ON CLOSED SESSION - NONE 2. CITY COUNCIL/AGENCY MEMBERS a. Reports and Information Councilmember Wilson reported he attended the Riverside Operational Committee meeting on behalf of Mayor Godfrey. Mayor Godfrey thanked Councilmember Wilson. Councilmember Fesmire reported she attended the SCAG meeting on Housing. Councilmember Gilbert commented the City's travel policy at this time is not adequate. There are monies due from Councilmembers and Commissioners. He requested Staff review the travel policy and make it stronger and that any travel and training be denied until that money is paid back to the City. Councilmember Ramos Watson reported she attended the League of California Cities Conference of Mayors and Councilmembers. They discussed the budgets for community services and they will try to find a way to totally fund public libraries and will continue at this time to work with healthy cities and healthy communities for children. She attended the CVAG Homelessness Committee meeting at which time she was elected Chairperson. They approved considering a contractor with a facilitator to help put together a work plan. Mayor Godfrey reported he participated in the ribbon cutting for the opening of Madison Street between Avenue 48 and 49. b. Authorize Councilmember Wilson to negotiate with Richard Weintraub to develop a plan and deal points regarding development and redevelopment of the Indio Fashion Mall and surrounding land in the next sixty days, that is acceptable to both the City and Mr. Weintraub Mayor Godfrey stated Council is pulling this item and will continue it for thirty days in order that he may invite the entire Council to participate in open dialogue regarding the Indio Fashion Mall.
2
Councilmember Wilson requested his name be removed from this item and not be included at all. Mayor Godfrey replied that would be done. c. Appoint one member to the Indio Water Authority It was moved by Councilmember Fesmire, seconded by Councilmember Ramos Watson and unanimously carried to APPOINT H. Dow Tunis to the Indio Water Authority. Mayor Godfrey thanked the applicants for applying. 3. CITY MANAGER/EXECUTIVE DIRECTOR REPORTS AND INFORMATION - NONE 4. PUBLIC COMMENT The following persons spoke under public comment to include Herbert Moniz who complimented the Indio Police Department and the City of Indio for a job well done at the Animal Shelter; Scott Foy gave kudos to the Indio Fire Department and the Public Works Department for their work on the fire hydrant located at Monroe Street that blew off; he stated the system for rotation of the Mayor position that the Council changed recently was not the will of the people. 5. CONSENT CALENDAR a. Approval of Minutes, December 20, 2006 Meeting b. Payment of Warrants c. Approve name change of the Palm Springs Desert Resorts Convention and Visitors Authority to the Palm Springs Desert Resort Communities Convention and Visitors Authority d. Approve Final Map for Tract No. 31562 (Monte Vina, Centex Homes) and accept Subdivision Improvement Agreements and Bonds e. Acceptance of Street, Water and Monument Improvements for Tract No. 31170 (Anastacia, GHA Paloma) and authorize release of bonds f. Authorize Substitution of Street, Water and Monument Improvement Agreements and Surety for Parcel Map No. 27847-1 (Indio Commercial, Peter Solomon) and authorize release of previously posted bonds and agreements g. Approve Supplemental Agreement between Union Pacific Railroad Company, the City of Coachella and the City of Indio for the Dillon Road Separation Project h. Authorize Purchase and Sale Agreement between the Redevelopment Agency of the City of Indio and Joyce Burke-Estel Trust of 1993, for property located at 45-149 Smurr Street aka Assessors Parcel Number 611-173-007 i. Authorize calling for bids for traffic signals at three locations j. Deny claims as submitted by Don A. Melching and Alicia Gutierrez k. Authorize Reimbursement of General Fund re: Settlement of De Bonne Family Trust, et al vs. City of Indio, et al. Case Number INC054799
It was moved by Agency/Councilmember Wilson, seconded by Agency/Councilmember Gilbert and unanimously carried to ADOPT the Consent Calendar as submitted and ADOPT Resolution Nos. 9181 and 9182 by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING THE SUPPLEMENTAL AGREEMENT AMONG THE UNION PACIFIC RAILROAD, THE CITY OF COACHELLA AND THE CITY OF INDIO FOR DESIGN AND CONSTRUCTION OF THE DILLON ROAD GRADE SEPARATION PROJECT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, DECLARING ITS INTENTION TO REIMBURSE GENERAL FUND EXPENDITURE FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE INDIO PUBLIC FINANCING AUTHORITY AND DIRECTING CERTAIN ACTIONS 6. PUBLIC HEARING: ALJACK'S RETAIL PARTNERS HAS FILED AN APPEAL OF THE PLANNING COMMISSION APPROVALS GRANTED DECEMBER 21, 2006 ON THE REGENCY CENTER TO INCLUDE ENVIRONMENTAL ASSESSMENT NO. 06-1-457; TENTATIVE PARCEL MAP 35029 (06-6-347); CONDITIONAL USE PERMIT NO. 06-6-864; DESIGN REVIEW NO. 06-2-232 7. PUBLIC HEARING: REGENCY CENTERS, APPLICANT, REQUEST FOR ENVIRONMENTAL ASSESSMENT NO. 06-1-457; DEVELOPMENT AGREEMENT NO. 06-7-21 AND TENTATIVE PARCEL MAP NO. 35029 Steve Copenhaver, Community Development Director, reported this item was continued from the January 9, 2007 City Council meeting in order to consider an appeal filed by Aljacks Retail Partners of the Planning Commission approvals granted December 21, 2006 on the Regency Center project, as outlined in Item No. 6 of the agenda. The project is approximately a 56 acre parcel, into fifteen commercial lots located at the southeast corner of Jackson Street and Avenue 42 north of the Interstate 10 Freeway. Edward Kotkin, City Attorney, recommended taking items 6 and 7 together. Sean Moore, Senior Planner, gave a powerpoint presentation of the project. He reported the applicant is requesting approval of an Environmental Assessment (Environmental Impact report), a Development Agreement for consideration of the rights and procedures for the development of the project and a Tentative Parcel Map to subdivide a 56 acre site into fifteen commercial parcels. The Planning Commission unanimously approved the Development Agreement and recommended approval of the Tentative Parcel Map and considered the Environmental Impact Report with Mitigation Monitoring Program and recommended approval to the City Council. Staff recommends Council deny the request for an appeal and uphold the Planning Commission actions and approve the entitlements as submitted.
John Berge, of Dudek and Associates, environmental consultants to the city, reported on the Environmental Impact Report (EIR). An EIR was performed and it was determined that although the proposed project could result in significant impacts, all other impacts could be mitigated to a less than significant level with exception to Air Quality in which a Statement of Overriding Considerations is necessary. Mr. Copenhaver reported Staff believes the EIR is adequate and addressed all of the areas in the staff report. The appellant did submit a series of issues that were to be discussed in the final EIR. It addressed all the issues the appellant raised. In the appeal they re-stated the same issues brought up during the EIR process but included statements that they did not agree with the responses put in the document. Staff has thoroughly responded to each and every comment they have made to include three particular areas, the project description; size of the shopping center; and the EIR did not address the Development Agreement. It is Staff's opinion that the development agreement which was prepared after the EIR document was circulated is more than a finance document than something that results in environmental impacts and Staff did not prepare an economic analysis. Mr. Copenhaver stated the consistency with the General Plan and the height of the sound wall was another concern. Staff is in the process of bringing our Zoning and General Plan into consistency. We do use the general plan as a leading document that the city has used over a period of time. The issue of determination of the sound wall is interesting because on one hand we would discourage 14' height walls but when it is backing up to a residential area and you have an FIR that contains a sound impact analysis and suggests that a 14' wall would mitigate the noise of the shopping center, Staff feels it is justified. The Planning Commission can approve walls of a greater height. Staff recommends to the City Council to uphold the Planning Commission actions on this matter. Edward Kotkin, City Attorney, called the Council's attention to the staff report, page 4, paragraph 1 which states "....site does contain..." and suggested it should read "...site does not contain.... Mayor Godfrey declared the public hearing opened at 6:43 p.m. Herb Lundin, appellant to the Planning Commission's approvals, requested Council postpone any action on the Development Agreement component until after the litigation with Weintraub is settled. This way, the developers can develop their projects simultaneously without the city favoring the Regency Project while his project is held up in court. He stated the lawsuit should be settled sooner than later and then the development agreement can be taken off the shelf and moved forward. He stated he would like equity amongst the developers. Councilmember Fesmire asked if the city put off the development would it affect Mr. Lundin's project? Mr. Lundin replied for all intense purposes, yes. He cannot go forward with his project without resolving the lawsuit.
5
There being no further comments from the public, Mayor Godfrey declared the public hearing closed at 6:49 p.m. Glenn Southard, City Manager, explained Weintraub does not affect the Regency project only the Target project. He stated Staff has worked in good faith with Regency to bring both projects forward so that the market place can take place. Staff does not feel there is any reason to uphold the appeal or deny the project. The development agreement provides the finance wherewithal to construct all of the improvements on Jackson Street and Avenue 42 that will serve both sides of the street as well as the northwest and northeast corners which will serve four projects. Mayor Godfrey asked if without the development agreement the project would stop? Mr. Copenhaver replied that without the development agreement Regency would say that the project is not possible. Councilmember Fesmire asked if the development agreement would affect the Target project? Mr. Copenhaver replied the Target project already had many improvements constructed. The improvements that are part of the development agreement include changes to the median island which benefits the Target project as well as the Regency project. Councilmember Wilson commented it is most important to move ahead with the project with the development agreement in tact. If we are getting something moving it will cause the other litigation to fall by the way side. He thinks it is in the citizens best interest to move this forward. It was moved by Councilmember Wilson, seconded by Councilmember Gilbert and unanimously carried to DENY the appeal and UPHOLD the Planning Commission's decision. It was moved by Councilmember Fesmire, seconded by Councilmember Gilbert and unanimously carried to ADOPT the Environmental Assessment No. 06-1-457 and ADOPT Resolution No. 9183, by title only to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE INDIO JACKSON RETAIL CENTER PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM It was moved by Councilmember Gilbert, seconded by Councilmember Wilson and unanimously carried to APPROVE Development Agreement No. 06-7-21, AUTHORIZE Counsel to make appropriate modifications as to the exhibits, as necessary and ADOPT Ordinance No. 1490 as first reading, by title only, to read as follows:
ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 06-7-21, REGENCY REALTY GROUP, INC. (INDIO-JACKSON RETAIL CENTER) It was moved by Councilmember Wilson, seconded by Councilmember Fesmire and unanimously carried to APPROVE Tentative Tract Map No. 30529 subject to Findings and Conditions of Approval and ADOPT Resolution No. 9184, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 30529 REGENCY REALTY GROUP, INC. (INDIO-JACKSON RETAIL CENTER) 8. PUBLIC HEARING: SUNCAL COMPANIES, THE APPLICANT, HAS FILED AN APPLICATION FOR THE CITRUS RANCH PROJECT; ENTITLEMENTS INCLUDE ENVIRONMENTAL ASSESSMENT 05-11-443, DEVELOPMENT AGREEMENT 0610-22, GENERAL PLAN AMENDMENT 05-11-74, CHANGE OF ZONE 06-11-648, SPECIFIC PLAN 05-11-16, TENTATIVE TRACT MAP 34485 AND TENTATIVE TRACT MAP 35057 Councilmember Ramos Watson recused herself and left the building as she has derived income interest from the applicant within the last twelve months. Sean Moore, Senior Planner, reported this is request from the applicant, SUNCAL Companies for the project known as Citrus Ranch located on the west side of Dillon Road, approximately three miles north of Interstate 10. Entitlements include an Environmental Assessment, a Pre-annexation Development Agreement between the City and SUNCAL Companies; a General Plan Amendment, a Change of Zone to prezone the site as Specific Plan to establish the development standards for the development of the site; and two Tentative Tract Maps to allow the subdivision of 37 planning areas and to allow the subdivision of 85.94 acres into 457 residential lots. Luke Evans Project Manager with Michael Brandman and Associates, environmental consultants to the city, reported on the Environmental Impact Report. He reported all impacts are found to be less than significant with the exception of Air Quality and Mineral Resources, in which a Statement of Overriding Considerations is necessary. Mayor Godfrey declared the public hearing opened at 7:10 p.m. Mark Johnson, Director of Engineering of the Coachella Valley Water District, commented this is the fourth time the District has made comments and recently held two meetings with Staff and the Developer. Their three critical concerns are Water Supply Assessment, Domestic Water Service and Sewer Service as stated in a letter dated January 17, 2007 distributed during public hearing. He sated they have reached a tentative agreement with the City and the Indio Water Authority to provide water service to the Citrus Ranch Project. An amendment to the settlement agreement is required and at this time is not in place. The sewer services are in the CVWD service area for sewer and CVWD will provide sewer services to this project. He requested that
7
items "a through g" be postponed until the three issues are resolved or that any approvals be contingent upon resolution of each of the items. Robert Pippin owns eight acres at the southeast corner of Dillon Road in the vicinity of this project. He stated he is in favor of this project. Adrian Peters representing SUNCAL Companies, commended Staff for the fine job of the analysis that they did on the project. They are in concurrence with the findings and recommendations and the conditions of approval. Their intent is to fully cooperate with Staff to bring closure to the outstanding issues on the Indio Water Authority. There being no further comments from the public, Mayor Godfrey declared the public hearing closed at 7:17 p.m. Councilmember Wilson commented that SUNCAL Companies has certainly proved themselves to Indio with their Terra Lago project. He stated this is a great vision for Indio to extend north and he fully supports this project. Councilmember Gilbert agreed with Councilmember Wilson. Councilmember Fesmire stated this is an excellent project. Mr. Kotkin stated the environmental consultant responded to certain concerns raised in the CVWD letter and Council is in possession of the reply. Some of the project area is outside of the city and is contingent upon approval by LAFCO. It was moved by Councilmember Fesmire, seconded by Councilmember Gilbert and unanimously carried to APPROVE Environmental Assessment No. 05-11-443, ADOPT a Statement of Overriding Considerations, ADOPT a Mitigation Monitoring Program and ADOPT Resolution No. 9185, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE CITRUS RANCH PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM It was moved by Councilmember Fesmire, seconded by Councilmember Gilbert and unanimously carried to APPROVE Pre-Annexation Development Agreement No. 06-1022 subject to Findings and Conditions of Approval and ADOPT Ordinance No. 1491, by title only, to read as follows: ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING PRE-ANNEXATION DEVELOPMENT AGREEMENT NO. 06-10-22 SUNCAL COMPANIES (CITRUS RANCH) It was moved by Councilmember Gilbert, seconded by Councilmember Wilson and unanimously carried to APPROVE General Plan Amendment No. 05-11-74 subject to Findings and Conditions of Approval and ADOPT Resolution No. 9186, by title only, to read as follows: 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 05-11-74 SUNCAL COMPANIES (CITRUS RANCH) It was moved by Councilmember Gilbert, seconded by Councilmember Fesmire and unanimously carried to APPROVE Change of Zone No. 06-11-648 subject to Findings and Conditions of Approval and ADOPT Ordinance No. 1492 as first reading, by title only, to read as follows: ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 06-11-648, SUNCAL COMPANIES (CITRUS RANCH) It was moved by Councilmember Wilson, seconded by Councilmember Godfrey and unanimously carried to APPROVE Specific Plan No. 05-11-16 subject to Findings and Conditions of Approval and ADOPT Ordinance No. 1493, as first reading, by title only, to read as follows: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING THE CITRUS RANCH SPECIFIC PLAN 05-11-16, SUNCAL COMPANIES It was moved by Councilmember Wilson, seconded by Councilmember Fesmire and unanimously carried to APPROVE Tentative Tract Map 34485, subject to Findings and Conditions of Approval and ADOPT Resolution No. 9187, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 34485, TO SUBDIVIDE APPROXIMATELY 1,183 ACRES OF LAND INTO 37 PLANNING AREAS GENERALLY LOCATED ON THE WEST SIDE OF DILLON ROAD NORTH OF THE CITY LIMITS, SUNCAL COMPANIES, CITRUS RANCH It was moved by Councilmember Godfrey, seconded by Councilmember Wilson and unanimously carried to APPROVE Tentative Tract Map 35057, subject to Findings and Conditions of Approval and ADOPT Resolution No. 9188, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO, 35057, TO SUBDIVIDE APPROXIMATELY 1,183 ACRES OF LAND INTO 457 RESIDENTIAL LOTS GENERALLY LOCATED ON THE WEST SIDE OF DILLON ROAD NORTH OF THE CITY LIMITS, SUNCAL COMPANIES, CITRUS RANCH
9. TOM MARTIN, MARTIN COMMERCIAL REQUEST FOR ENVIRONMENTAL ASSESSMENT NO. 05-12-451, GENERAL PLAN AMENDMENT NO. 05-12-77 AND CHANGE OF ZONE NO. 05-12-641 Steve Copenhaver, Community Development Director, reported this is a request for a General Plan Amendment and Change of Zone on 3.63 acres of vacant land, from Residential Low to Neighborhood Commercial, located north of Avenue 44, approximately 745 feet west of Golf Center Parkway in the City of Indio aka Assessor Parcel Number 679-320-026. No development is associated with this application. Staff recommends Council approve the entitlements as requested by the applicant. Mayor Godfrey declared the public hearing opened at 7:24 p.m. There being no comments the public hearing was closed. Councilmember Fesmire asked who the owner of the property is? Mr. Copenhaver replied Peter Solomon is the owner. It was moved by Councilmember Wilson, seconded by Councilmember Gilbert and unanimously carried to ADOPT Environmental Assessment No. 05-12-451 with a Mitigated Monitoring Program. It was moved by Councilmember Fesmire, seconded by Councilmember Gilbert and unanimously carried to ADOPT Resolution No. 9189, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 05-12-77 MARTIN COMMERCIAL, PETER SOLOMON It was moved by Councilmember Gilbert, seconded by Councilmember Wilson and unanimously carried to ADOPT Ordinance No. 1494, as first reading, by title only, to read as follows: ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 05-12-641, MARTIN COMMERCIAL, PETER SOLOMON 10. GENERAL PLAN AMENDMENT NO. 06-2-78 TO AMEND THE GENERAL PLAN Steve Copenhaver, Community Development Director, reported Staff has initiated a General Plan Amendment to bring the General Plan into conformance with the Zoning Code by eliminating the lot coverage standards and development/site size limit in commercial land use designations. Staff recommends Council approve the general plan amendment as submitted. Mayor Godfrey declared the public hearing opened at 7:28 p.m. and there were no comments.
10
It was moved by Councilmember Fesmire, seconded by Councilmember Ramos Watson and unanimously carried to ADOPT Resolution No. 9190, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO, 06-2-78 TO AMEND THE GENERAL PLAN TO ELIMINATE THE LOT COVERAGE STANDARDS AND DEVELOPMENT/SITE SIZE LIMIT IN COMMERCIAL LAND USE DESIGNATIONS 11. DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF INDIO AND BARRONS LAND INVESTMENT, LLC Steve Copenhaver, Redevelopment Agency Director, reported this is a request for a Disposition and Development Agreement (DDA) between the Redevelopment Agency of the City of Indio and Barrons Land Investment, LLC, Louis Scalise, developer. The DDA has been prepared exchanging the Desert Theatre property located at 45-265 Fargo Street for an equivalent sized vacant property, located at 45-767 Smurr Street for the purpose of rehabilitating the site. Staff recommends the Agency Board approve the agreement as submitted. Mayor Godfrey asked when the developer plans on starting work? Louis Scalise, applicant/developer replied as soon as the property closes escrow. Mayor Godfrey declared the public hearing opened at 7:31 p.m. and there were no comments. It was moved by Agencymember Fesmire, seconded by Agencymember Wilson and unanimously carried to ADOPT Resolution No. 2007-259 by title only, to read as follows: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF INDIO, CALIFORNIA, ACCEPTING THE SUMMARY REPORT PURSUANT TO SECTION 33433, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF INDIO AND BARRONS LAND INVESTMENT, LLC 12. FINAL EXTENSION OF INTERIM ORDINANCE NO. 1456 AS EXTENDED BY INTERIM ORDINANCE NO. 1460 IMPOSING A MORATORIUM ON THE APPROVAL OF SEXUALLY ORIENTED BUSINESSES Steve Copenhaver, Community Development Director, reported Staff requests an extension of the current moratorium on the approval of sexually oriented businesses. The extension will allow sufficient time for staff to complete its review of existing sexually oriented business regulations, identify impacts of such uses on sensitive uses, review the most recent court cases and allow staff to develop new regulations if found to be necessary.
1t
Mayor Godfrey declared the public hearing opened at 7:35 p.m. and there were no comments. It was moved by Councilmember Gilbert, seconded by Councilmember Fesmire and unanimously carried to AFFIRM the measures taken to alleviate the conditions that gave rise to the moratorium as outlined in the Staff Report and ADOPT Ordinance No. 1495, as first reading, by title only, to read as follows: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, EXTENDING INTERIM ORDINANCE NOS. 1456 AND 1460 IMPOSING A MORATORIUM ON THE APPROVAL OF SEXUALLY ORIENTED BUSINESSES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 13. ADOPT SCHEDULE OF FEES FOR THE ANIMAL CARE FACILITY Glenn Southard, City Manager, reported this item is being withdrawn and will be renoticed for a future meeting. 16. COMPREHENSIVE ANNUAL FINANCIAL REPORTS OF THE CITY AND REDEVELOPMENT AGENCY OF THE CITY OF INDIO FOR THE FISCAL YEAR ENDED JUNE 30, 2006 Michael P. Busch, Management Services Director, gave a powerpoint presentation on the Comprehensive Annual Financial Reports (CAFR), distributed under separate cover, for the Fiscal Year ending June 30, 2006 for the Redevelopment Agency of the City of Indio and the City of Indio. Councilmember Gilbert commented the Finance Staff is great. He commented to have $27 million that is not allocated is good and $3.5 million in interest alone makes us a sound city. Councilmember Ramos Watson commended staff for presenting the CAFR and stated she was able to easily understand it. Councilmember Wilson commented indeed it has been the most understandable laid out monetary outlook for the City. He commented the Development Impact Fees (DIF) are responsible for the majority of the spending of what we have done. Councilmember Fesmire commented this has been a tremendous success so far and is positive about the future. Mayor Godfrey commented this is such positive financial positioning for the City. The action was to RECEIVE/FILE the report.
12
14. AUTHORIZATION TO ISSUE FIXED AND VARIABLE RATE LEASE REVENUE BONDS TO FINANCE PARK IMPROVEMENTS AND PUBLIC FACILITIES ACQUISITION AND DEVELOPMENT JOINTLY WITH THE INDIO PUBLIC FINANCE AUTHORITY Michael P. Busch, Management Services Director, reported Staff is requesting Council and the Indio Public Financing Authority's authorization to issue Fixed and Variable Rate Lease Revenue Bonds to finance park improvements and public facilities acquisition and development. The City has received an A- rating from Standard & Poors. The bond amounts are $19,045,000 and $18,595,000 for a total bond amount of $37,640,000. Mr. Busch gave a powerpoint presentation showing the proposed improvements as outlined in a report under separate cover. President/Mayor Godfrey declared the public hearing opened at 8:51 p.m. John Bingham stated the proposed projects are quite good and conservative and wholly supports and recommends them. He stated the Council needs to get the public involved. He would like to see an impartial review of the projects from exterior people, get the public involved and let them vote on these key issues. Scotty Foy commented he was under the impression that the city was farther along in terms of paying for these projects. The Council needs to slow down and make sure the public is aware of what is going on. John Gentry commented the city is using the bond issues as mechanisms to get away form the vote of the people. However, he has not seen a mechanism for paying it back. Al Meza commented on the utility tax imposed upon the taxpayers many years ago. He added if the city is doing so well why not give the taxpayers their utility tax money back? He asked how much money the city gets from the utility tax each year? Mr. Busch replied the city receives about $4 million. Trish McConnell stated she is for all of the improvements the city wants to do as outlined. She would like to see the Ralph's thing happen because of the art thing. She stated there are no clothing stores in India and she would like to see the city concentrate on that and the downtown like in San Diego or Mission Inn in Riverside. There being no further comments from the public, Mayor Godfrey declared the public hearing closed at 9:04 p.m. Councilmember Ramos Watson stated she believes we need to invest in our community. She stated we now have the projections and the money to do it and it is time to do it. Councilmember Gilbert stated that to invest in the future is to go forward on this bond issue. It's a good example on using money soundly and wisely.
13
Councilmember Wilson applauded Michael Busch and his Staff. He was convinced tonight after the presentation to move forward. Mayor Godfrey thanked Mike Busch and his Staff on their work on this effort. It was moved by Councilmember Gilbert, seconded by Councilmember Fesmire and unanimously carried to ADOPT Resolution No. 9191, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN FINANCING DOCUMENTS AND DIRECTING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FINANCING AND REFINANCING OF PUBLIC CAPITAL IMPROVEMENTS OF BENEFIT TO THE CITY It was moved by Director Gilbert, seconded by Director Fesmire and unanimously carried to ADOPT Resolution No. 2007-05, by title only to read as follows: RESOLUTON OF THE INDIO PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS IN CONNECTION WITH FINANCING OF PUBLIC CAPITAL IMPROVEMENTS FOR THE CITY OF INDIO, AUTHORIZING AND DIRECTING EXECUTION OF AN INDENTURE OF TRUST AND CERTAIN FINANCING DOCUMENTS, AUTHORIZING THE SALE OF BONDS, APPROVING THE OFFICIAL STATEMENTS AND AUTHORIZING OTHER RELATED ACTIONS It was moved by Director Gilbert, seconded by Director Ramos Watson and unanimously carried to ADOPT Resolution No. 2007-06, by title only to read as follows: RESOLUTION OF THE INDIO PUBLIC FINANCING AUTHORITY OF THE CITY OF INDIO, CALIFORNIA, DECLARING ITS INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE INDIO PUBLIC FINANCING AUTHORITY AND DIRECTING CERTAIN ACTIONS ADMINISTRATIVE ITEMS: 15. APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR THE 2007/2008 FISCAL YEAR Jesus Gomez, Senior Project Manager, recommended Council approve Staff's recommendation of the use of the 2007/2008 Fiscal Year Community Development Block Grant funds for $375,000 for the Senior Center Facility Improvements and $75,000 for the Coachella Valley Historical Society Museum and Cultural Center. John Gentry stated he feels the Council is appropriating the funds in the wrong spot. Sharon Stevens, from the Smile Factory, requested funds from the City through the CDBG funds or some other source in support of their program for their children.
14
Glenn Southard, City Manager, commented staff would like to incorporate more projects in the CDBG program. He does not think this is the appropriate funding source for this request for dental sources from the Smile Factory. It was moved by Councilmember Wilson, seconded by Councilmember Gilbert and unanimously carried to APPROVE the Community Development Block Grant application to the County of Riverside for Senior Center Facility Improvements for $375,000 and the Coachella Valley Historical Society Museum and Cultural Center for $75,000. 17. MODIFICATION OF ROADS AND BRIDGES CAPITAL IMPACT FEE FOR NONRESIDENTIAL DEVELOPMENT WITHIN THE CITY OF INDIO Jim Smith, Public Works Director, reported Staff's recommendation is for Council to consider a reduction in the City of Indio's Road, Bridge and Thoroughfare fees on nonresidential development as a result of the increase in CVAG's TUMF fee. It was moved by Councilmember Fesmire, seconded by Councilmember Ramos Watson and unanimously carried to ADOPT Resolution No. 9192, by title only, to read as follows: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, MODIFYING IMPACT FEES FOR NON-RESIDENTIAL DEVELOPMENT PREVIOUSLY REFLECTED IN SECTION 8F OF ORDINANCE 1463, ADOPTED MAY 17, 2006 ADJOURN There being no further business to discuss, it was moved by Councilmember Fesmire, seconded by Councilmember Gilbert and unanimously carried to ADJOURN. Meeting adjo rued at 9:20 p.
CY HIA HERNANDEZ, CM CI Y CLERK
15

Citrus Ranch City Approval Jan 17, 2007

Caricato da

Informazioni sul documento

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Citrus Ranch City Approval Jan 17, 2007

Caricato da

Copyright:

Formati disponibili

INDIO CITY COUNCIL AGENDA REPORT

CITY COUNCIL - JANUARY 17, 2007 PAGE 2

CITY COUNCIL - JANUARY 17, 2007 PAGE 4

CITY COUNCIL - JANUARY 17, 2007 PAGE 5

Sean Community Development Director

re, Senior Planner

BEN GODFREY Mayor ATTEST:

CYNTHIA HERNANDEZ City Clerk

EXHIBIT A FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

0. Recreation 1. Potential Impacts

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

The Project would have a significant impact on utilities if it would:

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

FINDINGS CONCERNING PROJECT ALTERNATIVES

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT A CEQA FINDINGS OF FACT

EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS