Indian Wells City Council
June 8, 2022

Welcome to a meeting of the Indian Wells City Council. The meeting will be available on the City's website or streamed via zoom teleconference: Webinar ID 894 9919 5494 or by phone dial 1-669-900-9128. A password will be required to join the Zoom meeting, please email [email protected] or call City Hall at (760) 346-2489 to request password prior to the meeting.

Members of the Public who wish to speak during public comment on a particular item on the Special agenda should fill out a blue slip and submit it to the City Clerk, comments will be limited to 3 minutes. Speakers will be alerted when their time is up. Speakers are then to return to their seats and no further comments will be permitted. To address the Council during the virtual live session via zoom during the specific agenda item, please use the “raise your hand” function on zoom in order to be recognized by the City Clerk in order to provide comments in real time.

In accordance with State Law, remarks during public comment are to be limited to subjects within the City's jurisdiction.

Remarks on other agenda items will be limited to those items. Remarks from those seated or standing in the back of the chambers will not be permitted. All documents for public review are available for public inspection at City Hall reception during normal business hours.

Special Council
Meeting Agenda
Wednesday, June 8, 2022
1:30 PM
44950 Eldorado Drive, Indian Wells
Council Chamber and Remotely through Zoom in compliance with Government Code Section 54953(e) (AB 361)
1 June 8, 2022Special Council Meeting Agenda

1. CONVENE THE CITY COUNCIL, PLEDGE OF ALLEGIANCE AND ROLL CALL

MAYOR DANA REED

MAYOR PRO TEM DONNA GRIFFITH

COUNCIL MEMBER GREG SANDERS

COUNCIL MEMBER RICHARD BALOCCO

COUNCIL MEMBER ROB BERNHEIMER

2.APPROVAL OF THE FINAL AGENDA

3. PUBLIC COMMENTS
Member of the public who wish to comment on an item on the special-meeting agenda should fill out a blue slip and submit it to the City Clerk, comments will be limited to 3 minutes.

Speakers will be alerted when their time us up. Speakers are then to return to their seats and no further comments will be permitted. To address the Council during the virtual live session via zoom during the specific agenda item, please use the “raise your hand” function on zoom in order to be recognized by the City Clerk in order to provide comments in real time.

Because this is a special meeting, public comment will be taken only on an items listed on the agenda. Please note that while the City Council values your comments, the Council cannot respond nor take action until such time as the matter may appear on the forthcoming agenda.

4. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be approved by one motion. Reading of text of Ordinances is waived and Ordinances are adopted as second reading, by title only. There will be no separate discussion of these items unless members of the Council or audience request that specific items be removed from the Consent Calendar for separate discussion and action.

June 8, 2022Special Council Meeting Agenda
Resolution Approving Tentative Parcel Map 38283
and Variance 2022-02 to Subdivide an Existing 1.42
Acre Commercial Lot into Two Commercial Lots
Located at 74750 Highway 111 (APN 625-050-064)
within The Indian Wells Village Plaza, and Adoption
of Associated Negative Declaration (SCH#
2022030479) in Accordance with the California
Environmental Quality Act (CEQA)
111-22A.

RECOMMENDATIONS:

Council FINDS that a Negative Declaration is the appropriate CEQA document for the proposed lot-split and variance; and
ADOPTS Resolution No. 2022-35 approving Tentative Parcel Map No. 38283, Variance 2022-02, and adoption of the associated Negative Declaration for the subdivision of an existing 1.42-acre commercial parcel within the Indian Wells Village Plaza into two separate parcels to facilitate the sale of an existing commercial building within the site.

Resolution No. 2022-35
Vicinity Map
Parcel Map 29319
Tentative Parcel Map No. 38283
Negative Declaration
Attachments:

5. PUBLIC HEARINGS
For each of the items listed under PUBLIC HEARING ITEMS, the public will be provided an opportunity to speak. After a staff report is provided, the Mayor will open the public hearing.

At that time the applicant will be allowed five (5) minutes to make a presentation on the case.

Members of the public will then be allowed three (3) minutes each to speak, unless there are a number of person’s wishing to speak and then the Mayor will allow only two (2) minutes, to accommodate for more persons.

The City Council may ask the speakers questions relative to the case and the testimony provided. The question period will not count against your time limit. After all persons have spoken, the applicant will be allowed three minutes to summarize or rebut any public testimony. The Mayor will then close the public hearing portion of the hearing and deliberate the matter.

June 8, 2022Special Council Meeting Agenda
Modification to Conditional Use Permit 2-78-1 and
Zone Text Amendment 2022-01 for Second Story
Addition and Remodel to Desert Horizons Clubhouse,
Including Renovations to Existing Tennis Court and
Pickleball Complex, New Resort Pool Area, and
Modifications to Front Entry Gatehouse, Water
Feature and Landscaping, and Finding the Project to
be Exempt from the California Environmental Quality
Act
110-22A.

RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; and
FINDS the Project to be Exempt from the provisions of the California Environmental Quality Act (“CEQA”); and
ADOPTS Resolution No. 2022-33 approving modification to Conditional Use Permit 2-78-1 allowing the addition and renovations to the Desert Horizons Clubhouse, Tennis and Pickleball facility, and front entry improvements; and
INTRODUCES Ordinance No. 744 to be read by title only and further reading waived, amending Section 21.14.020 of the Indian Wells Zoning Code regarding Planning Area 2 Desert Horizons/Cook Street Area.

Resolution No. 2022-33
Ordinance No. 744
Vicinity Map & Site Plan
Existing Clubhouse Elevations
Proposed Clubhouse Elevations
Zoning Code Redline
Clubhouse Renderings
Resort Pool Concept
Parking Study
Sport Courts
Pavilion Renderings
Pavilion Landscaping
Photometric Plan
Front Landscaping
Gatehouse Elevations
Attachments:

June 8, 2022Special Council Meeting Agenda

6. GENERAL BUSINESS
No General Business Items.

7.CLOSED SESSION
Once the closed session has ended, the City Attorney or presiding officer will make any announcement required by the Brown Act relative to reportable actions taken during the closed session.

Conference with Legal Counsel Regarding
Anticipated-Litigation-Initiation of Litigation
Pursuant to Government Code Section 54956.9(d)(4).

Two (2) or More Cases. Potential Cases.
112-22A.

Conference with Legal Counsel Regarding Existing
Litigation, Pursuant to Government Code Section
54956.9(d)(1): Michael Ydigoras, et al vs., City of
Indian Wells et al., Riverside County Superior Court,
Case No. CVPS2104790.
113-22B.

Conference with Legal Counsel Regarding Existing
Litigation, Pursuant to Government Code Section
54956.9(d)(1): People of the State of California, et al v. Ed Yawitz et al., Case No. CVPS2101656.
114-22C.

Conference with Legal Counsel Regarding Existing
Litigation, Pursuant to Government Code Section
54956.9(d)(1): Parsons v. City of Indian Wells et al,
Riverside County Superior Court, Case No. PSC
2002777; Parsons v. City of Indian Wells, Riverside
County Superior Court, Case No. PSC 1083120
115-22D.

8. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on June 16, 2022 via videoconference.

June 8, 2022Special Council Meeting Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 346-2489. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 128 CFR 35.102.35.104 ADA Title III Affidavit of Posting
I, Angelica Avila, certify that on June 4, 2022 I caused to be posted a notice of a City Council Meeting to be held on June 8, 2022 at 1:30 p.m. in the City Hall Council Chamber and Zoom/Teleconference.

Notices were posted at Indian Wells Civic Center and City's Website [ www.cityofindianwells.org]
______________________
Angelica Avila, CMC
City Clerk

June 8, 2022Special Council Meeting Agenda

City of Indian Wells
6/8/2022
44-950 Eldorado Drive,
Indian Wells
File #:111-22 Item #:A.

Indian Wells City Council
Staff Report- Community Development June 8, 2022
Resolution Approving Tentative Parcel Map 38283 and Variance 2022-02 to Subdivide an Existing 1.42 Acre Commercial Lot into Two Commercial Lots Located at 74750 Highway 111 (APN 625-050-064) within The Indian Wells Village Plaza, and Adoption of Associated Negative Declaration (SCH# 2022030479) in Accordance with the California Environmental Quality Act (CEQA)
RECOMMENDATIONS:

Council FINDS that a Negative Declaration is the appropriate CEQA document for the proposed lot- split and variance; and
ADOPTS Resolution No. 2022-35 approving Tentative Parcel Map No. 38283, Variance 2022-02, and adoption of the associated Negative Declaration for the subdivision of an existing 1.42-acre commercial parcel within the Indian Wells Village Plaza into two separate parcels to facilitate the sale of an existing commercial building within the site.

DISCUSSION:

Background:

The Applicant, Schmid Investments LLC, is subdividing an existing commercial lot within the Indian Wells Village Plaza located north of Highway 111 between Village Court and Village Center Drive (Attachment 2). The existing 1.42-acre lot is identified as Parcel No. 4 on previously approved Parcel Map No. 29319 (Attachment 3), and currently contains two (2) commercial office buildings each approximately 31,000 sf in size. The subject parcel will be split between the two buildings to create two (2) 0.71-acre parcels as shown on the proposed Tentative Parcel Map 38283 Exhibit (Attachment 4). The Planning Commission held a duly noticed public hearing on the Project May 26, 2022, and recommended approval to the City Council 3 to 0, with 2 excused.

Tentative Parcel Map 38283 proposes to subdivide an existing 1.42-acre commercial lot into two (2) City of Indian Wells Page 1 of 3 Printed on 6/4/2022
powered by Legistar™
8 File #:111-22 Item #:A.

Tentative Parcel Map 38283 proposes to subdivide an existing 1.42-acre commercial lot into two (2) commercial lots for potential individual sale. The subject property is zoned Community Commercial (CC) and located within the existing Indian Wells Village Plaza commercial center. It is bounded by existing commercial within the Indian Wells Village Plaza to the north and east, HWY 111 to the south, and Village Court and restaurant space/Ruth Chris Steak House to the west. Both new parcels will maintain direct access to Highway 111.

The Indian Wells Village Plaza operates under a reciprocal parking agreement to ensure adequate parking for all uses within the Plaza. Both affected commercial buildings will continue to operate under this agreement as well as all other covenants, conditions and restrictions (CC&Rs) in effect for the Indian Wells Village Plaza. All required utility infrastructure is currently in place with adequate capacity to serve both buildings and does not require upgrades or retrofitting to facilitate the proposed lot-split.

The Tentative Parcel Map No. 38283 has been prepared by a professional land surveyor and there are no easements or offers of dedication included as part of the Map request. Upon Planning Commission’s recommendation and City Council’s final approval, the City Engineer shall file and record the tentative and final parcel map in accordance with the Subdivision Map Act.

Variance:

The applicant is requesting a variance for the minimum lot depth of Parcel 2. The lot depth of Parcel 2 is approximately 211 feet which is 39 feet short of the required minimum of 250 feet set by code.

A variance approval had been previously granted by the City in March 2000 for the existing parcel due to the site’s irregular lot configuration. The property was further subject to an offset property line via a northerly curving road alignment. The applicant does not propose any land use changes with this request, granting of the variance will allow the site as it currently exists to be further subdivided from a single parcel into two with the intent to make them available for future sale. The Variance meets all of the required findings per City Code.

Environmental:

This Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State and local CEQA Guidelines, and the environmental regulations of the City. The City, as lead agency, prepared an Initial Study to analyze the potential environmental impacts of the project. The Initial Study concluded that the Project would not result in a significant impact, and no mitigation was required. Therefore, the City determined a Negative Declaration was the appropriate CEQA document in support of the Project (Attachment 5).

City of Indian Wells Printed on 6/4/2022Page 2 of 3
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Analysis:
9 File #:111-22 Item #:A.

ATTACHMENTS:

1.Resolution No. 2022-35

2.Vicinity Map

3.Parcel Map 29319

4.Tentative Parcel Map No. 38283

5.CEQA Negative Declaration
City of Indian Wells Printed on 6/4/2022Page 3 of 3
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RESOLUTION NO. 2022-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38283 (A REQUEST TO SUBDIVIDE A 1.7 ACRE SITE INTO TWO COMMERCIAL LOTS WITHIN THE INDIAN WELLS VILLAGE PLAZA), VARIANCE 2022- 02 (A REQUEST TO WAIVE MINIMUM LOT DEPTH REQUIREMENTS FOR

COMMERCIAL LOTS), AND ADOPT THE ASSOCIATED NEGATIVE
DECLARATION FOR CEQA (SCH# 2022030479) SUBJECT TO THE
CONDITIONS OF APPROVAL.

WHEREAS, Richard Schmid – Schmid Investments, LLC. (the “Applicant”) has filed an application with the City of Indian Wells (the “City”) for approval of Tentative Parcel Map No. 38283 and Variance No. 2022-02 for the subdivision of an existing 1.7 acre commercial parcel within the Indian Wells Village Plaza into two separate commercial parcels for the purpose of selling-off one of the existing commercial buildings onsite; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Indian Wells to consider the Applicant's request was given in accordance with applicable law; and
WHEREAS, on May 26, 2022, the Planning Commission held a duly noticed public hearing on the Project and recommended approval to City Council; and WHEREAS, on June 8th, 2022, the City Council carefully considered all information pertaining to the Project, including the staff report, project plans and specifications, and approved the Project as a consent item in accordance with Section 21.06.050(c) of its Municipal Code; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Tentative Parcel Map:

1.The proposed tentative parcel map complies with all the requirements of the zoning regulations and applicable general and specific plans.

FACT: The proposed tentative parcel map is consistent with the City’s General Plan Land Use and Zoning designation of Community Commercial (CC) for the site. The subdivision would effectively create two new commercial parcels within an established commercial center. Furthermore, the proposed Parcel ATTACHMENT #1
11 Map meets the development standards set forth in the Municipal Code and findings for Variance No. 2022-02 to allow for lot depth relief. Both parcels maintain direct access to Highway 111 and will not result in a change to the existing land use of the site or the type of commercial development permitted on the site. The Indian Wells Village Plaza operates under a reciprocal parking agreement to ensure adequate parking for all uses within the Plaza. Both commercial parcels will continue to operate under this agreement.

2. The requirements imposed upon the subdivision would not render infeasible the development of housing for all segments of the economic community and that the effect of any actions on the map considers the housing needs of the region and is balanced against the public service needs of its residents and available fiscal and environmental resources.

FACT: The proposed tentative parcel map would not render infeasible the development of housing in the local community or region as it will simply subdivide an existing commercial parcel into two (2) separate parcels for conveyance of property to separate entities for ownership purposes. The subject parcels will continue to be part of a developed commercial property.

3. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

FACT: The subdivision of the parcels as proposed by Tentative Parcel Map 38283 will not result in a change to the existing development of the site. The site will continue to function as an integrated development site that will permit natural heating and cooling opportunities for the existing structures on site.

4. The subdivision site is physically suitable for the proposed development and all conditions of approval will ensure that the site is physically suitable for the type of development proposed.

FACT: The site is located within the Indian Wells Plaza, which has been developed with existing commercial and office uses. The Tentative Parcel Map 38283 will not result in a change to the existing development of the site. The site will continue to function as an integrated development site and will continue to be physically suitable for the existing uses on site.

5. The tentative parcel map complies with all of the requirements of Title 20, Subdivisions, of the Indian Wells Municipal Code.

FACT: Unless otherwise waived by the City, as part of the approval process, the Tentative Parcel Map, and any Final Map recorded thereunder, shall be made to comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Title 20 of the Indian Wells Municipal Code (IWMC).Furthermore, as discussed in the Staff 12 Report, the project meets the findings for Variance No. 2022-02 to allow for lot depth relief.

6. The subdivision design is not likely to cause serious public health problems as the improvements are consistent with General Plan and Zoning Designations.

FACT: The subdivision of parcels as proposed by Tentative Parcel Map 38283 will not result in a change to the existing development of the site.

Furthermore, the proposed Parcel Map meets the development standards set forth in the Municipal Code and findings for Variance No. 2022-02 to allow for lot depth relief.

7. The proposed improvements for the subdivision will not conflict with any easement acquired by the public at large for access through the subdivision.

FACT: The subdivision of the parcels as proposed by Tentative Tract Map 38283 will not conflict with any easements acquired by the public at large at this location, for access through or use of property within the subdivision.

Reciprocal parking agreements are already in place for the existing development and have been recorded by separate instrument as required by the Conditions of Approval for the original development of the commercial site.

Variance No. 2022-02:

1. The strict application of this Zoning Code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings.

FACT: The applicant is seeking a Variance from the minimum lot depth of Parcel 2. The lot depth of Parcel 2 is approximately 211 feet which is 39 feet short of the required minimum of 250 feet. A variance approval had been previously granted by the City in March 2000 due to the site’s irregular lot configuration. The property was further subject to an offset property line via a northerly curving road alignment. The applicant does not propose any land use changes with this request, granting of the variance will allow the site as it currently exists to be further subdivided from a single parcel into two with the intent to make them available for future sale.

2. The granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

13 FACT: The Variance request seeks relief from the minimum 250 feet lot depth for proposed Parcel 2. The current lot depth for Parcel 2 is approximately 211 feet. The site is in an existing developed commercial center and currently operates as two financial institutions. Granting of the variance would not be detrimental to the safety or welfare, or materially injurious to the site or improvements in the vicinity.

3. The granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and same zoning classification.

FACT: Granting of the variance request would not have any effect on any adjoining properties or be deemed as a special privilege. This request will merely allow the single developed parcel to be subdivided into two lots and there would be no change to the existing design or operations.

4. The granting of the Variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

FACT: No changes to the existing use of the project site are proposed as part of this request. The existing commercial uses are allowable under the current Community Commercial zoning designation.

California Environmental Quality Act (CEQA):

1. The Tentative Parcel Map No. 38283 and Variance No. 2022-02 is consistent with CEQA

FACT: This Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State and local CEQA Guidelines, and the environmental regulations of the City. Pursuant to the CEQA Guidelines, an Initial Study was prepared to analyze the environmental impacts of the project. The Initial Study concluded that the project would not result in a significant impact on the environment and did not require mitigation, and a therefore a Negative Declaration was prepared.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council ADOPTS Resolution No. 2022-35 approving Tentative Parcel Map No. 38283, Variance No. 2022-02, and adoption of the associated 14 Negative Declaration subject to the Conditions of Approval listed on Exhibit “A” attached hereto and by this reference incorporated herein.

SECTION 2. This Resolution shall take effect upon adoption.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall mail by first class, prepaid, United States mail, a certified copy of this Resolution to Applicant class, prepaid, United States mail, a certified copy of this Resolution to the Applicant.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a special meeting held on this 8th day of June, 2022.

____________________________

DANA REED
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2022-35

I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a special meeting of the City Council of the City of Indian Wells on the 8TH day of June, 2022, by the following vote:

AYES:

NOES:

EXCUSED:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY
15 ATTACHMENT “A”

Conditions of Approval
Tentative Parcel Map No. 38283

June 8, 2022

GENERAL:

1. The Applicant shall defend, indemnify, and hold harmless the City of Indian Wells and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Indian Wells, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Indian Wells concerning this project, including but not limited to any approval or condition of approval by the Planning Commission.

The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

2. Approval of Tentative Parcel Map No. 38283 shall be used within three (3) years after final approval or it shall become null and void unless the time limit to record the parcel map is extended by the State or City Council per Municipal Code Section 20.16.111. The phrase “be used” above for the proposed Project is to mean the recordation of the subject parcel map.

3. The Covenants, Conditions and Restrictions (CC&Rs) recorded in document number 440762 shall apply to each parcel in Tentative Parcel Map No. 38283.

4. Approval of this request shall not waive compliance with all applicable sections of the Indian Wells Municipal Code, all other applicable City ordinances, and applicable specific plans. The Applicant shall comply with all of the foregoing.

5. Within fifteen (15) days of final approval by the City Council, the Applicant shall submit in writing, a statement indicating that the Applicant has read and agrees to the conditions imposed herein. Approvals of land use and related 16 applications hereunder shall become void, and any privilege, permit, or other authorization granted shall be deemed to have terminated if compliance with this condition has not been completed within the specified time limits.

17 TENTATIVE PARCEL MAP:

6. A Final Map shall be prepared by or under the supervision of a registered civil engineer or licensed land surveyor and must be processed through the City of Indian Wells Public Works Department and approved by the City Council prior to the Map being filed with the County Recorder.

7. The Tentative Parcel Map shall be based on a field survey in conformity with the Professional Land Surveyors Act.

8. Prior to the City’s approval of a Final Map, the Applicant shall furnish accurate mylars of the Final Map that have been reviewed and approved by the City Surveyor. The Final Map shall be 1” = 40’ scale.

9. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Title 20 of the Indian Wells Municipal Code (IWMC).

10. In accordance with Government Code 66436, prior to filing maps with the County Recorder, the Coachella Valley Water District (District) shall be provided the opportunity to review and comment on the Map if the District or the United States Bureau of Reclamation (USBR) has easements or other interests. Evidence of District review shall be provided to the Public Works Department in the form of a Subdivision Map Act and Non-Interference Clearance letter.

11. If required by the Subdivision Map Act, the District, the City of Indian Wells, or any other entity, the Final Map shall include signature(s) by authorized representative(s) of the District.

END OF CONDITIONS

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VICINITY MAP

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MITIGATED N EGATIVE DECLARATION
19 PROJECT SITE
APN:625-050-064
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34200 Bob Hope Drive, Rancho Mirage, CA 92270
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AERIAT PHOTOGRAPH

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MITIGATED NEGATIVE DECLARATION
20 ATTACHMENT 3
21 ATTACHMENT 4
22 INDIAN WELLS

CALIFORNIA CITY OF INDIAN WELLS
44-950 Eldorado Drive
Indian Wells, California 92210
Phone: (760) 346-2489
Fax: (760) 346-0407
Project Title:

City Project No:

Lead Agency
Name and Address:

Applicant:

Representative:

Contact Person:

And Phone Number:

Project Location:

General Plan Designation:

Zoning Designation:

ENVIRONMENTAL INITIAL STUDY
Tentative Parcel Map No. 38283
Tentative Parcel Map No. 38283
Variance Case No. XXX
Environmental Assessment Case No. XXX
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, California 92210
Phone: (7 60) 346-2489 Fax: (7 60) 346-0407
Schmid Investments, L.P.
c/o Richard Schmid
440 West First Street, Suite 201
Tustin, C492780
Richard Schmid
Schmid Investments, L.P.
440 West First Street, Suite 201
Tustin, CA92780
Jon Berg, Community Development Director
Phone: (760)346-2489
North of Highway I I l, east of Village Court
Assessor's Parcel Number 625-050-064
Community Commercial
Community Commercial

PROJECT DESCRIPTION
ATTACHMENT 5
23 Tentative Parcel Map No. 38283
Initial Study/Negative Declaration
January 2022lPaee2
The project site occupies approximately 1.42 acres north of Highway ll1 and approximately 150 feet west of Village Court in the City of Indian Wells. Currently the project area is developed with tvvo detached commercial buildings, drive aisles, sidewalks, parking spaces, and landscaping. The two buildings are operating as Bank of America and Pacific Western Bank. The site is identified as Assessor's Parcel Number (APN) 625-050-064.

The project proposes to divide the single parcel into two individual lots for future sale. The two parcels will be equal in area, each encompassing 0.71 acres.

The project properly lies within the City's Community Commercial land use and zoning designations. Community Commercial designations are intended to include attractively designed retail, office, and shopping areas. Uses may include retail shops, offices, restaurants, personal service shops, grocery stores, movie theaters, hotels and resort complexes, and similar uses.

The project site is located in an urban and develop ed arca within the City. Areas north and east of the project consist of existing commercial buildings, within the City's Community Commercial land use and zoning designations. Lands south of the project, south of Highway I l l, also consist of commercial uses, however, these areas are designated Professional Office. Lands west of the project property are not located within the City of Indian Wells' jurisdiction. This area is located within the City of Palm Desert and also includes commercial buildings.

As previously stated, the project proposes to divide a single parcel into fwo equal and individual lots for future sale. The project applicant will submit a Tentative Parcel Map (TPM No. 38283) and an Application for Variance as part of the entitlement process. Commercial parcels located within the Community Commercial zoning must have a minimum width of 200 feet and minimum depth of 250 feet. The existing developed parcel No, 2 does not meet the minimum depth of 250 feet. A variance was approved when the original TPM was approved in March of 2000. In order to subdivide the parcel further, another variance request must accompany the Parcel Map in order to justi$ the substandard size parcel. The project proposes to continue operations as commercial buildings and changes to the existing land use and zone is not proposed.

City Approval
o Tentative Parcel Map
o Variance
Land Use and Setting
North: Office Buildings Zoned Community Commercial
East: Office Buildings Zoned Community Commercial
West: City of Palm Desert Office Buildings Zoned Planned Commercial South: Office Buildings Zoned Professional Office
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27 Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022lPage 6
EVALUATION OF ENVIRONMENTAL IMPACTS:

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this project, involving at least one that is a S as indicated the checklist on the S.

DETERMINATION: On the basis of this initial evaluation (To be completed by the Lead Agency) Signature:

Jon Berg, Community Development Director
Citv of Indian Wells
Date
Air Quality
Agriculture and Forestry
ResourcesTAesthetics
Cultural Resources EnergynBiological Resources
Hazards & Hazardous
Materials
Greenhouse Gas
Emissions!Geology /Soils
Mineral ResourcesLand Use / PlanningHydrology / Water
Oualiw
Population / Housing Public ServicesNoise
n Tran sp ortation/Traffi c n Tribal Cultural ResourcesRecreation Wildfire Mandatory Findings of
SignificancenUtilities / Service
Systems
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect l) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that arc imoosed upon the proposed proiect, nothing funher is required.

Environmental Checklist and Discussion:
28 Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022lPaee7
The following checklist evaluates the proposed project's potential adverse impacts. For those environmental topics for which a potential adverse impact may exist, a discussion of the existing site environment related to the topic is presented followed by an analysis of the project's potential adverse impacts. When the project does not have any potential for adverse impacts for an environmental topic, the reasons why there are no potential adverse impacts are described.
a)No Impact. The perception and uniqueness of scenic vistas and visual character can vary according to location and composition of its surrounding context. The subjective value of views is generally affected by the presence and intensity of neighboring man-made improvements, such as structures, overhead utilities, and landscaping, often in relation to the aesthetic quality offered by a natural background that may include open space, mountain ranges, or a natural landmark feature. The proximity and massing of structures, landscaping and other visual barriers interact with the visibility of sunounding environments to restrict or enhance the value of local scenic views. The evaluation of scenic vistas takes into consideration the physical compatibility of proposed projects in relation to land uses, transportation coridors, or other vantage points, where the enjoyment of unique vistas may exist, such as residential areas or scenic roads.

The proposed project site is located north of Highway I I I and is currently developed. In its existing condition, the project property operates as a commercial property with two commercial buildings, drive aisles, parking spaces, sidewalks, and landscaped areas. The two buildings are operating as Bank of America and Pacific Western Bank. The site exhibits a predominantly flat topography with parking stalls, light fixtures, landscaped islands. The islands are landscaped with trees for parking shade. Highway I l1 delineates the project's southern boundary and is developed with curb and gutter improvements, pedestrian sidewalks, and landscaping.

The project property is located within a developed context of the City and is surrounded by existing commercial and office uses. As stated previously, the project's southern boundary is delineated by Highway I I l. Properties north and east of the project includes existing office buildings and associated paved drive aisles, parking spaces, and landscaping. An existing commercial property (restaurant) is located west of the project site, within the jurisdictional boundaries of Palm Desert.

The scenic vistas observed in the City of Indian Wells include the San Jacinto Mountains to the west, the Little San Bernardino Mountains to the east, and the Santa Rosa Mountains to the south. From Highway l1l (south of the project) motorists and pedestrians travelling along these roadways have partially l. AESTHETICS -- Would the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista?n x
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
n x
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views
of the site and its sunoundings? (Public views are
those that are experienced from publicly accessible
vantage point). Ifthe project is in an urbanized area,
would the project conflict with applicable zoning or
other regulations governing scenic quality?
x
d) Create a new source ofsubstantial light or glare,
which would adversely affect day or nighttime
views in the area?
29 b)
c)
Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022lPaee 8
obstructed views of these mountain ranges due to their distance from the City and the existing developments, landscaping, and infrastructure. However, views of these mountain ranges can be observed by motorists traveling along Highway 111.

The project proposes to divide the project parcel into two individual lots for future sale. The project applicant will submit a Tentative Parcel Map (TPM No. 38283) and aZoning Code Variance as part of the entitlement process. Commercial parcels located within the Community Commercial zoning must have a minimum width of 200 feet and minimum depth of 250 feet. The existing developed parcel No. 2 does not meet the minimum depth of 250 feet. A variance was approved when the original TPM was approved in March of 2000. In order to subdivide the parcel further, another variance request must accompany the Parcel Map in order to justifu the substandard size parcel. The project does not propose the demolition of the existing commercial structure, and physical changes to the site will not occur. Since the project does not propose physical changes (i.e., architectural, structural, etc.) to the site, the project will not result in impacts to scenic vistas. No impacts are anticipated.

Mitigation: None
No Impact. The purpose of the State Scenic Highway Program is to preserve and protect scenic State highway corridors from change that would diminish the aesthetic value of lands adjacent to highways. State highways can be officially designated as Scenic Highways or be determined to be eligible for designation.

The status of a state scenic highway changes from eligible to "officially designated" when a local jurisdiction adopts a scenic corridor protection program, and the California Department of Transportation (Caltrans) approves the designation as a Scenic Highway. Based on the Caltrans status map of scenic highway designations, the closest officially designated State Scenic Highway is State Route T4,located approximately 1.75 miles west of the project, A segment of Highway 111 is also listed by Caltrans as eligible for designation. The segment of Highway lll is located approximately 1.75 miles west of the project site. The project is not located near a State Scenic Highway, therefore, no impacts to those resources are anticipated.

Additionally, the property does not contain any landmarks such as trees or historic buildings, and based on historical maps, the project property has maintained a developed condition since the 1990s, and as such, is absent of any historic buildings, structures or other former permanent improvements that would hold any aesthetic value. Furthermore, the project is not located within close proximity to any designated scenic highways as identified by Caltrans. Therefore, the proposed project would not result in adverse impacts to scenic resources adjacent to, or in close proximity to state scenic highway or other local transportation corridors. No impacts are expected.

Mitigation: None
No Impact. The proposed project is located in an urbanizedarea within the City of Indian Wells. Areas surrounding the project site are developed and consist of commercial structures, including offrce buildings and restaurant buildings. These developed areas include well-maintained landscaping, building frontages, public and pedestrian areas, and roadways. The existing land uses contribute to the scenic quality of the Ltea.

In its existing condition, the project property operates as a commercial property with two commercial buildings (Pacific Western Bank and Bank of America) located onsite, as well as drive aisles, parking spaces and landscaping. The site exhibits a predominantly flat topography with parking stalls, light fixtures, and landscaped islands. The landscape in the parking area consist of tall trees to provide shade for the parking spaces and pedestrians. Highway l l l delineates the project's southem boundary and is developed with curb and gutter improvements, pedestrian sidewalks, and landscaping. 30 d)
Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022/Page9
The properties north, east, south, and west of the project are also fully developed with commercial buildings.

The commercial areas sunounding the project site exhibit similar scenic quality as the project properly.

They all include well developed, one- to two-story buildings, with landscaping, sidewalks and pedestrian pathways, pave drive aisles, and parking spaces.

As previously stated, the project proposes to divide a parcel into two equal and individual lots for future sale. The project applicant will submit a Tentative Parcel Map (TPM No. 38283) and aZoning Variance as part of the entitlement process. Commercial parcels located within the Community Commercial zoning must have a minimum width of 200 feet and minimum depth of 250 feet. The existing developed parcel No. 2 does not meet the minimum depth of 250 feet. A variance was approved when the original TPM was approved in March of 2000. In order to subdivide the parcel further, another variance request must accompany the Parcel Map in order to justi$ the substandard size parcel. The project does not propose the demolition of the existing commercial structures, and physical changes to the site will not occur. The project proposes to continue operations as commercial buildings and changes to the existing land use and zone is not proposed. Since the project does not propose physical changes (i.e., architectural, structural, etc.) to the site, the project will not result in impacts to the scenic quality of the surrounding area. No impacts are anticipated.

Mitigation: None
No Impact. The project property, located on the north of Highway I I 1, cumently operates as a commercial property with two buildings (Pacific Western Bank and Bank of America). Commercial buildings sunound the project property. The project property is located in an urban and developed context within the City of Indian Wells. The developed nature of the project site and surrounding areas largely contributes to the ambient lighting in the area. On the project property, existing downward-oriented, post-mounted and wall mounted light contribute to the ambient light onsite. The post-mounted fixtures are located in the parking area, while low-intensity, wall-mounted fixtures are located at the building entrances, atm locations, and drive-through arcato provide nighttime illumination for pedestrians.

Existing offsite sources of light and glare near the project are primarily attributed to the existing offices commercial developments north, east, south, and west of the project. The lighting utilized for surrounding commercial properties typically consists of low-intensity, wall-mounted or post-mounted, downward- oriented fixtures illuminating sidewalks, doorways, outdoor areas, signs, landscaping, and parking lots.

Vehicular traffic on Highway 1 1 I and associated traffic infrastructure also contributes to existing nighttime ambient lighting in the area. The closest intersection with a traffic signal is located approximately 150 feet east of the project, at the Village Center and Highway I 1 1 intersection. Additional lighting includes lighting fixtures along pedestrian pathways, and lighting for existing landscape features. Highway 111 acts as a regional roadway that connects the cities within the Coachella Valley. Highway I I I lies immediately south of the proposed project property and contributes to both daytime and nighttime ambient lighting in the area due to the number of cars that utilize Highway I I l. Vehicular traffic along the surrounding roadways also contribute to day-time glare in the area.

The project proposes to divide the project parcel into two individual lots through the submittal of Tentative Parcel Map (TPM) No. 38283 and a variance. The project does not propose the introduction of additional light fixtures in the project area. Therefore, no impacts are anticipated.

Mitigation: None
31 Tentative Parcel Map No. 38283
Initial StudyA.{egative Declaration
January 2022/Paee l0

2. AGRICULTURE AND FORESTRY RESOURCES -
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in
assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the
California Department of Forestry and Fire Protection
regarding the state's inventory of forest land, including the Forest and Range Assessment project; and forest carbon
measurement methodology provided in Forest Protocols
adopted by the California Air Resources Board. Would the proiect:

Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
lmpact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as shown
on the maps prepared pursuant to the Farmland Mapping
and Monitoring Program of the California Resources
Agency, to non-agricultural use?
tr n
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?n
c) Conflict with existing zoning for, or cause rezoning of forest land, timberland, or timberland zoned Timberland Production?
n X
d) Result in the loss offorest land or conversion offorest land to non-forest use?n x
e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
n
Source: Farmland Mapping and Monitoring Program, Califomia Department of Conservation, accessed December 202 I . Indian Wells General Plan.
a-e) No Impact The proposed project will not disturb or convert any designated farmland or other form of agricultural resources. According to the 2016 California Farmland Mapping and Monitoring Program the proposed project is located in a portion of Indian Wells designated as Urban and Built-Up Land. Urban and Built-Up Land is occupied by structures with a building density of at least I unit to 1.5 acres, or approximately 6 structures to a l0-acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structures. The subject site and the properties on all sides ofthe project are classified as Urban and Built-Up Land.

The project site is not located in existing zoning for agricultural use or land classified as farmland. The City General Plan designates the subject property with a zoning of Community Commercial, which includes a wide range of facilities, including grocery stores, retail shops and restaurants, resorts, and services.

According to the Williamson Act2015-16 Status Report, no portion of the land within or near a one-mile radius is recognized as a Williamson Act Contract area. Furthermore, no forest land, timberland, or Timberland Production zone occurs on the project site or in the surrounding areas. The proposed project will not impact or remove land from the City or the County's agricultural reserve. No impacts are expected.

Mitigation: None
32 Tentative Parcel Map No. 38283
Initial Study/Negative Declaration
January 2022lPaee 11

3. AIR QUALITY - Where available, the
significance criteria established by the applicable
air quality management district or air pollution
control district may be relied upon to make the
following determinations. Would the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan?n
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
n
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those leading
to odors adversely affecting a substantial number
ofneople?
x
Sources: Final2016 Air Quality Management Plan(AQMP), by SCAQMD, March 2017:' Final2003 Coachella Valley PM|0 State Implementation Plan (CYSIP), by SCAQMD, August 2003; Analysis of the Coachella Valley PMI0 Redesignation Request and Maintenance Plan, by the Califomia Air Resources Board, February 2010; South Coast AQMD Rule Book a) No Impact. The project site of approximately 7.42 aqes involves one parcel (APN 625-050-064) with two existing commercial buildings, associated utilities, landscaping, lighting, trash enclosures, and parking facilities with driveway access from Highway 1 I 1. The project site is a portion of the existing Village Plaza commercial center. With frontage along Highway 1ll, the project is located in and generally surrounded by a developed setting within a Community Commercial land use designation that is reflected in the City's adopted General Plan. For context, existing buildings and facilities associated with the project were initially constructed around 1996, based on Riverside County property records. The site has since operated with multiple tenants (one in each building), including Pacific Western Bank and Bank of America as current occupants.

The project scope involves dividing the existing single parcel into two equally sized individual lots, each including one existing building, for continued operation and future sale. The project would not involve any new development, facility expansion, physical site disturbance, or change in operation differing from the cunent conditions and allowable uses. The parcel division would not preclude or obstruct the ongoing maintenance, activity restrictions, and other responsibilities necessary to conform with the existing plaza operations and applicable City standards.

The project site and Coachella Valley regional context are situated within the Riverside County portion of the Salton Sea Air Basin (SSAB), under jurisdiction of the South Coast Air Quality Management District (SCAQMD) and the adopted 2016 Air Quality Management Plan (2016 AQMP). The 2016 AQMP serves as a regional blueprint for achieving the federal air quality standards with the most cunent strategies to effectively reduce emissions, accommodate growth, and minimize any negative fiscal impacts of air pollution control on the economy. The 2016 AQMP also factors the information and assumptions from the 2016 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) to support the integration of land use and transportation toward meeting the federal Clean Air Act requirements.

The standard methodology for determining compliance with the applicable air quality plan involves using the adopted California Air Pollution Officers Association (CAPCOA) software to quantiff the criteria air pollutant emission levels resulting from new development to compare against the applicable ambient air quality standards. Given that the project does not involve any proposed physical site disturbance and construction-related activities, such as building demolition, earthwork, grading, or new construction, construction-related emissions resulting from the project would be null and therefore would not conflict 33 b)
Tentative Parcel Map No. 38283
Initial Study/Negative Declaration
January 2022lPage 12
with the current growth assumptions, attainment strategies or regulations under the 2016 AQMP. Since the project does not involve any facility expansion or land use changes, the project would therefore not result in any increases in operational intensities or associated emissions capable of interfering or conflicting with the 2016 AQMP. Therefore, pertaining to the obstruction of an applicable air quality plan primarily the 2016 AQMP by SCAQMD, no impact is anticipated.

Mitigation: None
No Impact. The 2016 AQMP provides guidance for the State Implementation Plans (SIP) for attainment of the applicable ambient air quality standards pertaining to particulate matter (PM10) and Ozone as summarized below.

Particulate Matter (PM10):

The Coachella Valley is currently designated as a serious nonattainment area for PMl0 (particulate matter with an aerodynamic diameter of 10 microns or less). In the Coachella Valley, the man-made sources of PMl0 are attributed to direct emissions, industrial facilities, and fugitive dust resulting from unpaved roads and construction operations. High-wind natural events are also known contributors of PMl0. In response to the nonattainment status, SCAQMD is implementing the Final 2003 Coachella Valley PM10 State Implementation Plan (CVSP), as approved by the U.S. Environmental Protection Agency (EPA) with updated planning assumptions, fugitive dust source emissions estimates, mobile source emissions estimates, attainment modeling with control strategies, and measure commitments. Some of those measures are reflected in SCAQMD Rules 403 and 403.1, which are enacted to reduce or prevent construction-related man-made fugitive dust sources with their associated PMl0 emissions. On February 25,2010, the ARB approved the 2010 Coachella Valtey PM10 Maintenance Plan and transmitted it to the U.S. EPA for approval. With the recent data being collected at the Coachella Valley monitoring stations, consideration of high-wind exceptional events, and submittal of a PMl0 Re-designation Request and Maintenance Plan, a re-designation to attainment status of the PM10 NAAQS is deemed feasible in the near future according tothe2016 AQMP.

Given that the project does not involve any physical ground disturbance or construction-related activities (building demolition, earthwork, grading, or construction), the proposed project scope would result in no construction-related PMl0 emissions and therefore would not conflict with the current attainment strategies and regulations under the CVSIP for PMl0 and2016 AQMP. Regarding operations, the project does not have unpaved roads or other exposed soil surfaces that would trigger operational fugitive dust emissions.

The existing PM10 emission levels related to mobile sources (vehicular travel to and from the project) will not be modified by the project, but may have foreseeable future reductions in response to stricter statewide emissions standards.

Ozone and Ozone Precursors:

The Coachella Valley portion of the Salton Sea Air Basin (SSAB) is deemed to be in nonattainment for the 1997 8-hour ozone standard. CoachellaValley is unique in its geography due to its location downwind from the South Coast Air Basin (SCAB). As such, when high levels of ozone are formed in the South Coast Air Basin, they are transported to the Coachella Valley. Similarly, when ozone precursors such as nitrogen oxides (NOx) and volatile organic compounds (VOCs) are emitted from mobile sources and stationary sources located in the South Coast Air Basin, they are also transported to the Coachella Valley. It is worth noting that SCAQMD deems that local sources of air pollution generated in the Coachella Valley have a limited impact on ozone levels compared to the transport of ozone precursors generated in SCAB. In the 2016 AQMP, the attainment target date for the 1997 8-hour ozone standard was listed as June 15,2019.

However, based on recent data for higher levels of ozone experienced in 2017 and 2018, it was determined that the Coachella Valley region could not practically attain the said standard by the established deadline.

Given that additional time is needed to bring the Coachella Valley into attainment of the ozone standard, 34 c)
d)
Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022/Paee 13
SCAQMD submitted a formal request to the United States Environmental Protection Agency (U.S. EPA) to reclassifu the Coachella Valley from Severe-15 to Extreme nonattainment, with a new attainment date of June 15,2024. The reclassification ensures that the Coachella Valley will be given the needed extension to make attainment feasible and prevent the imposition of the non-attainment fees on major stationary sources. This process would also require SCAQMD to develop or update the State Implementation Plan (SIP) documentation to demonstrate how the area will meet the standard on or before June 15,2024.

SCAQMD continues to reduce ozone and improve air quality in the Coachella Valley, in part by providing more than $50 million in grant funding towards paving dirt roads and parking lots, clean energy projects and cleaner vehicles. Future emission reductions anticipated to occur in the South Coast Air Basin associated with current and planned regulations on mobile and stationary sources are expected to contribute to improvements in ozone air quality in the Coachella Valley and lead to attainment of the standard.

Being absent of any proposed physical site disturbance and construction-related activities, the proposed project scope would result in no ozone precursor emissions (NOx and VOCs), such as those generated from construction traffic and equipment. The project would also result in no incremental increases to ozone precursors, since no facility or operational changes are proposed. Therefore, the project is not expected to result in any short-term construction emission levels or increases to the existing operational emissions in a manner that would be deemed cumulatively considerable for criteria pollutants for which the region is in non-attainment (PMl0 and Ozone). No impacts are anticipated' Mitigation: None
No Impact. A sensitive receptor is a member or group of the population with more susceptibility than the population at large to health effects due to exposure to air contaminants, such as localized sources of carbon monoxide, toxic air contaminants, or odors. Residences, long-term health care facilities, schools, rehabilitation centers, playgrounds, convalescent centers, childcare centers, retirement homes, and athletic facilities are generally considered sensitive receptors. The standard methodology for determining localized impacts to sensitive receptors involves quantif,iing project related emissions (construction and operational) resulting from new development activities to compare against the applicable ambient air quality standards.

Since the project will not result in physical site disturbance, soil movement, or construction activities, no quantification is necessary to conclude that the project will not generate any emissions associated with those activity categories. Moreover, since the project does not involve any increases to the facility dimensions or operational capacities, the proposed lot division will also not result in changes to the existing operational emissions taking place within a commercial plaza. Therefore, no impacts are expected pertaining to the exposure ofsensitive receptors to substantial project-related pollutant concentrations.

Mitigation: None
No Impact. As previously analyzed and disclosed, the project would not involve construction activities or modifications to the existing facilities currently in operation in the context of a commercial plaza. The existing facility operators are bank institutions. It has been determined in the preceding discussions that the project would not generate construction-related emissions or incremental increases to the existing operational emissions, such that no localized or regional thresholds would be reached or exceeded. The continued operation of banks or other future tenants will not involve the types of facilities or activities commonly known to generate odors, such as wastewater treatment plants, sanitary landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, paintinglcoating operations, rendering plants, or food packaging facilities. Therefore, the project is not expected to result in odor or other emissions adversely affecting nearby neighbors or a substantial number of people. No impacts are expected.

Mitigation: None
35 Tentative Parcel Map No. 38283
Initial StudyNegative Declaration
January 2022lPage 14

4. BIOLOGICAL RESOURCES - Would the project: Potentially Significan
t Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
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 by the
Califomia Department of Fish and Wildlife or U.S, Fish
and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US
Fish and Wildlife Service?
n x
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) 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?
u
e) Conflict with any local policies or ordinances
protecting biological resources, such as atree
preservation policy or ordinance?
n
0 Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
!x
a)No Impact. The project site is located in the Village Plaza, a developed commercial center and is currently operating as a Bank of America and Pacific Western Bank. The site is surrounded by additional commercial and office space. The site is also adjacent to Highway 1l l, a high-volume roadway. As a result of the sites suloundings, the project site does not provide the conditions that would support sensitive species of plants or animals given special status by government agencies. The property is within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), which outlines policies for conservation of habitats and natural communities. The project site is not located within a CVMSHCP Conservation Area and there are no known significant biological resources on the project site. Therefore, the project would not have a substantial adverse impact on candidate, sensitive, or special status species. No impacts are expected to 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 Wildlife (CDFW) or the United States Fish and Wildlife Service (USFWS.)
Mitigation: None
No Impact. As discussed throughout this document, the project site is fully developed, and the property does not contain nor is it adjacent to any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or the USFWS. No blue-line stream corridors or desert washes are found within the project boundaries. Therefore, no impacts are expected. b)
Mitigation: None
36 c)
d)
e)
Tentative Parcel Map No. 38283
Initial StudyNegative Declaration
January 2022lPaee 15
No Impact. The project site is developed and does not contain federally protected wetlands, marshes, or other drainage features. As a result, implementation of the project would not result in the direct removal, filling, or other hydrological intenuption to any of these resources. The project is designed with an on-site underground stormwater retention system that during the life of the project will comply with the City's drainage requirements by preventing the discharge and transport of untreated runoff associated with the project. A project Specific Water Quality Management Plan (WQMP) is expected to be prepared to ensure that the project does not contribute pollutants of concern in any project storm runoff. No impacts are expected.

Mitigation: None
No Impact. Given the project sites current use within an existing commercial center and its proximity to other existing development, the project site would not be expected to be a part of or contain migratory wildlife corridors or native wildlife nursery sites. The project site is not located near any existing drainages that would support wildlife coridors nor is it located in a known wildlife conidor. Therefore, the proposed project will not interfere with movement of any native resident or migratory fish or wildlife species and no impacts are expected.

Mitigation: None
No Impact. As mentioned previously, the project site is comprised of two existing and operating commercial buildings. Project implementation would not result in demolition or tree removal. The proposed project will be consistent with the Goals and Policies set forth in the City of Indian Wells General Plan.

There are no other unique local policies or ordinances protecting biological resources that would cause a conflict nor does the site support high value biological resources that could be affected. Therefore, no impacts are expected.

Mitigation: None
No Impact. As previously mentioned, the project lies within the boundary of the CVMSHCP, which outlines policies for conservation of habitats and natural communities and is implemented by the City of Indian Wells. The project site is not located within a Conservation Area under the plan. The CVMSHCP implements ahabitat mitigation fee for new development to support the acquisition of conservation lands, to be paid to the City. However, the site is already developed, and no new development is proposed, and any required mitigation fees were paid with the original development of the project. No impacts are anticipated
Mitigation: None
0 37

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Initial StudyA{egative Declaration
January 2022lPage 16

5. CULTURAL RESOURCES -- Would the
project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance ofa historical resource pursuant to
s 15064.5?
n
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to I 15064.5?
n
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?n
a)
b)
c)
No Impact. The project site has been cleared and graded and developed since the late 1990's. The proposed project site is located in the Village Plaza and currently operates as a Bank of America and Pacific Western Bank. No known historically or culturally significant resources, structures, buildings, or objects are located on the project site. Therefore, the project site is not expected to cause a substantial adverse change in the significance of a historical resource as defined by CEQA $15064.5 (b) and no impacts are expected.

Mitigation: None
No Impact. The proposed project site is fully developed in an urbanized arca of the City and is not near the more culturally sensitive areas of the mountains and foothills. No known archaeological sites are found within the project site. The site has already been cleared, graded, and significantly disturbed from the construction of the existing development. Construction is not proposed as part of this project. The subdivision is only for the future sale of the two existing buildings. Therefore, no impacts are anticipated.

Mitigation: None
No Impact. The site was previously disturbed during the construction of the Village Plaza and the existing commercial buildings. There are no known past cemeteries or burials within the project area and no construction is proposed for the project. Therefore, no additional site disturbance will occur and no impacts to human remains are expected.

Mitigation: None
38 Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022/Page 17

6. ENERGY -- Would the project:Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
n
b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency?n
Sources: Indian Wells General Plan.
a-b) No Impact. The approximately 1.42-acre project is currently developed with trryo detached commercial buildings that operate as banks and bank offices. Associated improvements onsite include paved drive aisles, parking spaces, pedestrian sidewalk, and landscaped areas. The project is curently located on one parcel (Assessor's Parcel Number 625-050-064). The project proposes to divide the single parcel into two equal parcels with the submittal of Tentative Parcel Map (TPM) No. 38283 and a Zoning Variance. The project does not propose demolition or construction of the project property, and operations will remain the same.

The project site consumes energy in the form of electricity, natural gas, and petroleum. Building operation and site maintenance (including landscape maintenance) would result in the consumption of electricity (provided by Imperial Inigation District) and natural gas (provided by Southern California Gas Company).

Energy use in buildings is divided into energy consumed by the built environment and energy consumed by uses that are independent of the construction of the building, such as plug-in appliances. In California, the California Building Standards Code Title 24 governs energy consumed by the built environment, mechanical systems, and some types of fixed lighting. Non-building energy use, or "plug-in" energy use can be further subdivided by specific end-use (refrigeration, cooking, appliances, etc.). Energy consumption in support of or related to project operations would also include transportation energy demands (energy consumed by employee and patron vehicles accessing the project site) and facilities energy demands (energy consumed by building operations and site maintenance activities).

As previously stated, the project site is currently developed. Demolition or construction activities are not proposed as part ofthe project, and the operation ofthe project will not change. The project isjust proposing to divide the single parcel that encompasses the site into two equal parcels with the submittal of a TPM and Variance. Since the project operation will not change and construction will not occur, the project will not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources. Additionally, the project will not conflict with or obstruct a state or local plan for renewable energy efficiency, since the project operations will not change. No impact is anticipated.

Mitigation: None
39 Tentative Parcel Map No. 38283
Initial Study/Negative Declaration
January 2022lPaee 18

7. GEOLOGY AND SOILS -- Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involvine:
i) 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 other substantial
evidence of a known fault? Refer to Division of
Mines and Geoloev Special Publication 42.
ii) Strong seismic ground shaking?n n x tr
iii) Seismic-related ground failure, including
liquefaction?I n
iv) Landslides?n n n x
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a result
ofthe project, and potentially result in on- or off-
site landslide, later al spreading, subs idence,
liquefaction or collapse?
!
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating direct or indirect substantial risks
to life or propefi?
tr X
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
disposal systems where sewers are not available for
the disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource ofsite or unique geologic
feature?
Source: The Alquist-Priolo Earthquake Fault Zoning (AP) Plan; Riverside County General Plan, Safety Element, 201 a)i
Act, California Department of Conservation; Indian Wells General 6; Riverside County General Plan Geotechnical Report 2000.

Less than Significant Impact. The City of Indian Wells, similar to most of Southern California, is susceptible to earthquakes due to the active faults that traverse the region. According to the Riverside County General Plan, earthquake risk is very high due to the presence of two of California's most active faults, the San Andreas and San Jacinto Faults. Classiffing an active fault helps gauge the surface rupture potential of a fault and prevents development from being sited directly on an active fault. Additionally, the ability to identi$' and locate faults makes ground rupture the easiest seismic hazard to avoid.

In order to reduce the losses from surface fault rupture on a statewide basis, the Alquist-Priolo (AP) Earthquake Fault Zone Act was passed in 1972 after the San Fernando earthquake a year prior. The AP Earthquake Fault Zone Act is intended to ensure public safety by prohibiting the siting of most structures for human occupancy across traces of active faults that constitute a potential hazard to structures from surface faulting or fault creep. After consulting the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist, it can be determined that the closest AP Earthquake Fault Zone to the project site is at the San Andreas Fault, approximately 6.9 miles northeast. Therefore, due to the distance of the fault zone, it can be concluded that risks associated with primary surface ground rupture are low. 40 Tentative Parcel Map No. 38283
Initial Study/Negative Declaration
January 2022lPaee 19
Per the AP Earthquake Fault ZoneMap, rupture from an earthquake fault is not anticipated on the project property and no known active faults traverse through or are found near the project site, although seismically induced ground shaking is expected in the City of Indian Wells. The project site is not located in an AP Earthquake FaultZone; therefore, impacts are less than significant.

Mitigation: None
ii. Less than Significant Impact. Seismically induced ground shaking is anticipated in the entire Coachella Valley, due to the multiple northwest-southeasttrending faults in the region. Although these faults produced the unique topography in the Coachella Valley (high mountain ranges and a low valley floor), the major faults, such as the San Andreas Fault, have the potential to produce strong shaking during a seismic event' The strength of ground shaking is accredited to the distance from the fault; where the intensity ofthe seismic shaking decreases the further it is from the causative fault. The Safety Element of the Riverside County General Plan states that earthquake risk is vey high in the Coachella Valley.

The approximately 1. }-acre project properly proposes to divide the project parcel into two individual lots through the submittal of Tentative Tract Map (TTM) No. 38283 and a Variance. The project does not propose the demolition of the existing commercial structures or development of new structures. Since the project does not propose changes to the site, other than the division of the parcel, the project will not result in significant impacts from ground shaking. Less than significant impacts are anticipated. lll
Mitigation: None
Less than Significant Impact. Per the Riverside County General Plan, liquefaction is a potentially destructive secondary effect of strong seismic shaking. Liquefaction occurs primarily in saturated, lose strength and behave like a liquid. Excess water pressure is vented upward through fissures and soil cracks and can result in a water-soil slurry flowing onto the ground surface. This occurs in areas where the ground water table is within 50 feet of the ground surface and when seismic events occur that generate a Modified Mercalli Intensity value of VII or greater. The loss of soil strength as a result of liquefaction can cause a building to sink, tilt and suffer structural damage. Other effects of liquefied soils include a loss of bearing strength, ground oscillations, laterul spreading, and ground lurching and slumping.

Three conditions must be met in order for liquefaction to occur. There must be ( 1 ) a relatively long duration of strong ground shaking, (2)the presence of unconsolidated se{iments consisting primarily of silty sand and sand, and (3) the presence of groundwater within 50 feet of the ground surface. According to the Liquefaction Zones map (Figure 2) of the Riverside County General Plan, and the Indian Wells General Plan, there are no areas of potential liquefaction in the City of Indian Wells. This is likely due to the lack of shallow groundwater.

A previously stated, the project site does not propose the demolition of the existing commercial structures, otlhe development of new structures. The project proposes to divide a parcel into two individual parcels by submitting a Tentative Tract Map (TTM) No. 38283 and a variance. The project will not be introducing new structures to the site, therefore, impacts of liquefaction to the site will be less than significant.

Mitigation: None
No Impact. As discussed throughout this Geology and Soils Section, the City of Indian Wells, like most of Southem California, is susceptible to seismic ground shaking due to the multiple faults in the region. As a result of seismic ground shaking, slope failure, such as rockfalls and landslides, may occur, especially throughout elevated areas in the City.
1V
41 b)
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January 2022lPage 20
According to the Indian Wells General Plan, landslides are not likely to occur in Indian Wells since the areas of steep slopes, located in the southern part of the City, arc primarily composed of strong bedrock.

However, rockfall hazards can occur in the mountains and foothills during a strong earthquake.

The project site and sunounding area is located on relatively flat topography and is not located near mountain slopes. The closest slope includes the Santa Rosa Mountains located approximately one mile south of the project. Therefore, impacts associated with landslides and rockfalls are not anticipated in the project area. No impact.

Mitigation: None
No Impact. According to the Indian Wells General Plan, the combination of high winds and sandy, sparsely vegetated soils characteristic ofdesert areas can create blowsand hazards. Disturbance ofsoil crustthrough human activities such as grading and alteration of drainage patterns can contribute to an increase in blowsand hazards. Blowsand hazards impact human health by creating high levels of airborne particulate matter. Blowsand also reduces visibility and can increase the incidence of vehicular accidents. Property damage occurs when blowsand erodes painted surfaces and glass.

The Indian Wells General Plan states that the extreme northern portions of the City, north of Fred Waring Drive, are the areas of highest wind hazards. However, all areas of the City could be affected by blowsand dependent on the level of activity in the sunounding area (i.e., development, grading, or clearing of vegetation), or weather conditions.

The project is currently located within a developed context in the City of Indian Wells. The project site and surrounding areas are developed with commercial structures, paved drive aisles, and landscaped areas. The developed areas reduce the likelihood of blowsand impacts. The project does not propose the demolition of the existing commercial structures and paved areas. Therefore, the project would not contribute to erosion or blowsand hazards. No impacts relative to erosion are anticipated since the site and the surrounding area is developed.

Mitigation: None
Less than Significant Impact. The approximately 7.42-acre project proposes to divide a parcel into two individual lots. The project is currently developed and does not propose demolition of the existing buildings or paved area, or the development of new structures. The project site was analyzed for the likelihood of potential hazards such as landslides, liquefaction, and subsidence. The findings are discussed as follows:

As identified in portion a) iii. of this Geology and Soils Section, liquefaction occurs when loose, unconsolidated, saturated, sandy soils are subjected to ground vibrations during a seismic event. This occurs in areas where the ground water table is within 50 feet of the ground surface and when seismic events occur the sudden increase in water pressure in the pores between soil particles and the loss of cohesion with the soils causes them to act like a liquid. Per the City General Plan, the City is not susceptible to liquefaction.

Lateral spreading is the lateral displacement of gently sloping ground as a result of pore pressure build-up or liquefaction in a shallow underlying deposit during an earthquake. As discussed in a) iii, there are no areas of potential liquefaction in the City; therefore, the potential for lateral spreading is low. Impacts are anticipated to be less than significant.

As discussed in portion a) iv. of this Geology and Soils Section, the City of Indian Wells indicates that the project is located inanareaof low susceptibility of being impacted by rock falls and landslides. The existing project site is characterized by relatively flat topography, with existing development in the form of a c)
42 d)
Tentative Parcel Map No. 38283
Initial StudyNegative Declaration
January 2022lPaee21
commercial property with paved drive aisles, parking areas, and various landscaped areas throughout the site. Due to the absence of steep slopes near the project site, impacts of landslides are not expected.

The Indian Wells General Plan states that subsidence of the ground surface is generally caused by the withdrawal of groundwater from an area. Several regions of subsidence have been documented in Riverside County, all of them in deep, alluvium-filled valleys. Subsidence can be caused by both human activities and natural causes, such as earthquakes. In most cases, the cause of ground subsidence in the Coachella Valley is typically due to declining groundwater levels. Figure S-7, in the Riverside County General Plan, indicates that the subject site is situated in an area susceptible for ground subsidence due to withdrawal of fluids. The recognition that ground subsidence is an environmental restraint has forced agencies, such as the U.S Geological Survey and the Coachella Valley Water District, to devote resources to the study and mitigation of this potential hazard. However, per the General Plan, the City of Indian Wells is not identified to be in an area of potential subsidence.

Hydroconsolidation, or soil collapse typically occurs in recently deposited, Holocene (less than 10,000 years old) soils that were deposited in an arid or semi-arid environment. Soils prone to collapse are commonly associated with human-made fill, wind-laid sands and silts, and alluvial fan and mudflow sediments deposited during flash floods. When saturated, collapsible soils undergo a reanangement of their grains, and the water removes the cohesive (or cementing) material. Rapid, substantial sediment results.

The project site is currently developed, therefore, grading and soil compaction has occumed on the site to assure that suitable subsurface soils are able to withstand the foundation of the project structures. It is likely that the subsurface soils were evaluated prior to the City's approval of the project, as a part of the previous review process. Therefore, it is unlikely that soils prone to collapse underlay the project property.

Overall, the project site is currently developed and includes two commercial buildings and associated improvements (i.e., paved drive aisles and parking spaces, landscaped areas). The project does not propose the demolition of the existing property, or the addition of new buildings or structures. The project proposes the division of one parcel into two individual lots. The project will not result in liquefaction, lateral spreading, landslides or rockfalls, subsidence, or collapse, due to the developed character of the site.

Therefore, no impacts are anticipated.

Mitigation: None.

No Impact. Expansive soils, as defined in the Riverside County General Plan, have a significant amount of clay particles which can give up water (shrink) or take on water (swell). The change in volume exerts stress on buildings and other loads placed on these soils, which is why they are a potential hazard. These soils can also be widely dispersed, occurring in both hillside areas and low-lying alluvial basins.

The site has already been cleared, graded, and significantly disturbed from the construction of the existing development. Problems caused by expansive soils can be alleviated by engineering designs, such as including the use ofreinforcing steel foundations, drainage control devices, over-excavation and backfilling with non-expansive soil. The project site is currently developed and operates as a commercial properly with two buildings, paved drive aisles and parking lot. During development of the site, expansive soils were likely removed to ensure proper foundation design for the parking lot. Therefore, it is unlikely that expansive soils occur at the project site. No impacts are anticipated.

Mitigation: None
No Impact. The project property is located north of Highway I I I near the western edge of the City of Indian Wells. The project site is surrounded by developed land on all sides of the property. The properties north, east, south, and west of the project consists of commercial and office land uses. e)
43 0
Tentative Parcel Map No. 38283
Initial Study/Negative Declaration
January 2022lPaee22
The project site is currently developed with operational commercial buildings (Pacific Western Bank and Bank of America). Sewer services are currently provided to the existing commercial buildings onsite and will continue to be provided to the site. Therefore, the project will not utilize septic systems or alternative wastewater disposal systems. No impacts are expected.

Mitigation: None
No Impact. Paleontological resources are the remains or traces of prehistoric plant and animal life exclusive of man. Fossil remains are found in the geologic deposits within which they were originally buried. Since there is a direct relationship between fossils and the types of rock formations where they can be found, knowledge of the geology of an area can help in predicting the likelihood of the existence of fossils.

Paleontological resources are limited and nonrenewable.

The Western Coachella Valley has yielded a vafiety of fossils in the past, but are mainly found in the sedimentary formations typical of lower upland areas. The valley floors in the City are underlain by deep alluvial, fluvian and aeolian deposits, mainly sand, silt and gravel, which in some areas are hundreds of feet thick. These deposits have a low potential for yielding fossils.

The project site is currently developed as a commercial property with paved drive aisles and parking lot, and landscaping. The site is not recognized as a unique paleontological or a unique geologic feature.

Additionally, the project property lies in an urbanized context within the City, surrounded by office and commercial buildings.

The project site does not propose demolition of the site, or the addition of new structures. Therefore, no impacts are anticipated.

Mitigation: None
44 Tentative Parcel Map No. 38283
Initial StudyNegative Declaration
January 2022/Page23

8. GREENHOUSE GAS EMISSIONS -- Would
the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
!
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose ofreducing the
emissions of greenhouse gases?
Sources: Finql 2016 Air Quatity Management Plan (AQMP), by SCAQMD, March 2017; Final 2003 Coachella Valley PM|0 State Implementation Plan (CYSIP), by SCAQMD, August 2003; Analysis of the Coachella Valley PMI} Redesignation Request and Maintenance Plan, by the California Air Resources Board, February 2010; California Greenhouse Gas Emissions for 2000 to 2077 , Trends of Emissions and Other Indicators, 2019 Edition, Califomia Air Resources Board; Release No. 18-37 & 19-35, California Air Resources Board Press Release, July 2018 and August 2019. a) Less than Significant Impact. Greenhouse gases (GHG) are a group of gases that trap solar energy in the Earth's atmosphere, preventing. Common greenhouse gases in the Earth's atmosphere include water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), ozone, and chlorofluorocarbons to a lesser extent. Carbon dioxide is the main GHG thought to contribute to climate change. Human activities (such as burning carbon-based fossil fuels) create water vapor and CO2 as byproducts, thereby impacting the levels of GHG in the atmosphere. Carbon dioxide equivalent (CO2e) is a metric used to compare emissions of various greenhouse gases.

To address the long-term adverse impacts associated with global climate change, California's Global Warming Solutions Act of 2006 (AB 32) requires California Air Resource Board (CARB) to reduce statewide emissions of greenhouse gases to 1990 levels by 2020.In 2016, Governor Jerry Brown signed Senate Bill32 (SB32) that requires California to reduce GHG emissions to 40 percent below 1990 levels by 2030. With the passage of the Califomia Global Warming Solutions Act of 2006 (Assembly Bill32) in California, environmental documents for projects pursuant to CEQA are required to analyze greenhouse gases and assess the potential significance and impacts of GHG emissions.

On July 11,2018, CARB announced in a press release (No. 18-37) that greenhouse gas pollution in California fell below 1990 levels for the first time since emissions peaked in2004, an achievement roughly equal to taking 12 million cars off the road or saving 6 billion gallons of gasoline a year. Moreover, according to the CARB report on California Greenhouse Gas Emissions for 2000 to 2017 (published in 2019), which tracks the trends of GHG emissions, Califomia's GHG emissions have followed a declining trend between2007 and2017 .In2017, emissions from GHG emitting activities statewide were 424 million metric tons of CO2 equivalent (MMTCO2e), 5 MMTCO2e lower than 2016 levels and 7 M.}i4TCOZe below the2020 GHG Limit of 43 I MMTCO2e. The largest reductions are attributed to the electricity sector, which continues to see decreases as a result of the state's climate policies. The transportation sector remains the largest source of GHG emissions in the state, but saw a I percent increase in emissions in2017, the lowest growth rate over the previous 4 years.

On August 12,2019, California Governor Gavin Newsom announced in a press release (No. 19-35) that GHG emissions in California continued to fall ahead of schedule in20l7 as the state's economy grew ahead of the nation al average, according to the California Air Resources Board's latest state inventory of climate- changing emissions. The data also shows that for the first time since California started to track GHG emissions, the state power grid used more energy from zero-GHG sources like solar and wind power than from electrical generation powered by fossil fuels.

The standard methodology for determining greenhouse gas emission levels and their potential impact on the environment involves using the adopted California Air Pollution Officers Association (CAPCOA) 45 b)
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January 2022/Page 24
software to quantiS the specific emissions resulting from new development to compare against the numeric and qualitative thresholds established at the State or regional level. Given that the project does not involve any proposed physical site disturbance and construction-related activities, such as building demolition, earthwork, grading, or new construction, construction-related GHG emissions resulting from the project would be null and therefore not conflict with the current reduction strategies and targets. Since the project does not involve any facility expansion or land use changes, the project would incur any increases in operational intensities and associated GHG emissions that would interfere with the State's targets or with the region's compliance ability. The existing mobile, energy and other sources of GHG emissions associated with the existing buildings and facilities will remain unchanged, or be reduced in response to stricter vehicular emissions, energy efftciency, and water efficiency standards being implemented.

Therefore, less than significant impacts are anticipated pertaining to greenhouse gas emission levels.

Mitigation: None
No Impact. As previously discussed, the proposed project will not introduce new development or land use changes that would represent new or additional sources of GHG emissions and therefore would not conflict with the applicable GHG reduction targets, strategies, and related regulations. It is assumed that as with the passage of time, existing mobile GHG sources related to vehicular travel to and from the site will be reduced in response to stricter statewide emissions standards. Moreover, future upgrades by the operators will represent an opportunity to incorporate improved equipment, light fixtures, water fixtures and related practices with higher energy efficiency, thus lower GHG levels. Pertaining conflicts with GHG reduction plans, policies, or regulations no impacts are anticipated.

Mitigation: None
46 Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022/Page25

9. HAZARDS AND HAZARDOUS MATERIALS --
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incomoration
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
n
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release ofhazardous
materials into the environment?
D n
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
n n n
e) For a project 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, would the project result in a safety hazard or excessive noise for people residing or working in the pro.iect area?
n
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
n X n
g) Expose people or structures, either directly or
indirectly, to a significant risk ofloss, injury or death involving wildland fires?
n
Source: Enforcement and Compliance Fault Zoning Act, California Department of Conservation; Enforcement and Compliance History Online, EPA,202l; EnviroStor, Department of Toxic Substances Control, 2021; GeoTracker, State Water Resources Control Board,202l
a-b) Less than Significant Impact. The Code of Federal Regulations (CFR Title 40, Part 261) defines hazardous materials based on ignitability, reactivity, corrosivity, andlor toxicity properties. The State of California defines hazardous materials as substances that are toxic, ignitable, or flammable, reactive and/or corrosive, which have the capacity of causing harm or a health hazard during normal exposure or an accidental release. As a result, the use and management of hazardous or potentially hazardous substances is regulated under existing federal, state and local laws. Hazardous wastes require special handling and disposal methods to reduce their potential to damage public health and the environment. Manufacturer's specifications dictate the proper use, handling, and disposal methods for the specific substances. In most cases, it is a violation of federal or state law to improperly store, apply, transport, or dispose of hazardous materials and waste.

The project site is developed with two commercial buildings (bank facilities), and associated improvements (i.e., paved drive aisles, parking lot, landscaping). The site currently occupies a single parcel (Assessor's Parcel Number 625-050-064); however, the project proposes to divide the parcel in half to create two individual parcels. Demolition or construction of the site is not proposed. Therefore, the transportation, application, storage, or disposal of construction-related hazardous materials and waste is not applicable to the site.

The project property will continue to operate as bank facilities. The operation of banks do not typically involve the routine transport, use, or disposal of hazardous materials in quantities or a manner that would 47 c)
Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022lPaee 26
pose a threat to the project and surroundings. Typical operational uses would involve the handling and application of cleaning agents, building maintenance products, paints and solvents, and similar items would bL stored on-site. These potentially hazardous materials would not be present in significant quantities to pose a significant hazard to public health and safety or the environment. Therefore, less than significant impacts are expected.

Mitigation: None
No Impact. The project site is not located within % mile of an existing or proposed school. The nearest school to the project site is Palm Desert High School, located approximately 0.60 miles north of the project.

Additionally, the project site is currently developed, does not propose demolition or construction on the project site. Existing operations will remain the same. Therefore, the project is not expected to emit hazardous emissions, or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school'
Mitigation: None
Less than Significant Impact. The project site is currently developed with commercial operations. The project proposes to divide the existing parcel into two individual parcels, equal in size. The operation of the iite wilt not change. In order to comply with Government Code 65962.5 and its subsections, record searches on the project property were performed within multiple database platforms. The resources consulted included GeoTracker, EnviroStor and the EPA Enforcement and Compliance History Online (ECHO)' GeoTracker is a database maintained by the State of California Water Resources Control Board that provides online access to environmental data. It serves as the management system for tracking regulatory data on sites that can potentially impact groundwater, particularly those requiring groundwater cleanup and permitted facilities, such as operating underground storage tanks and land disposal sites.

EnviroStor is a database maintained by the State of California Department of Toxic Substances Control (DTSC). The EnviroStor database identifies sites with known contamination or sites for which there may be reasons to investigate further. It includes the identification of formerly contaminated properties that have been released for reuse; properties where environmental deed restrictions have been recorded to prevent inappropriate land uses; and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites.

Moreover, the ECHO database focuses on inspection, violation, and enforcement data for the Clean Air Act (CAA), Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) and also includes Safe Drinking Water Act (SDWA) and Toxics Release Inventory (TRI) data.

In December 2021, a search was performed on all three database platforms. The GeoTracker, EnviroStor, and ECHO database results did not identiff any Leaking Underground Storage Tank (LUST) Cleanup Sites, Land Disposal Sites, Military Sites, DTSC Hazardous Waste Permits, DTSC Cleanup Sites, or Permitted Underground Storage Tanks on or in connection with the project property.

The EnviroStor and GeoTracker databases did not identiff registered facilities on the project site or within a 0.5-mile radius of the site. However, the ECHO database listed 3 facilities within a 0.5-mile radius of the project site. The facilities are listed as follows:
. Ralphs Grocery #179 at74895 Highway 111, approximately 230 feet south of the project. This facility is listed by the RCRA as an active large quantity generator (LQG). This facility is permanently closed and no longer operates as a Ralphs facility.
d)
48 e)
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o Value Cleaners at74903 Highway 111, approximately 500 feet south of the project. This facility is listed by the RCRA as an inactive "Other".
. CVS Pharmacy No. 9779 at74955 Highway l1 l, approximately 700 feet southeast of the project. This facility is listed by the RCRA as an active LQG.

The registered facilities do not curently have any violations (as indicated on the ECHO database) and are not anticipated to impact the project properly.

Per the records search pursuant of Govemment Code 65962.5, the project site was not registered as having any Leaking Underground Storage Tank (LUST) Cleanup Sites, Land Disposal Sites, Military Sites, DTSC Hazardous Waste Permits, DTSC Cleanup Sites, or Permitted Underground Storage Tanks onsite. Less than significant impacts are anticipated.

Mitigation: None
No Impact. The project is not located within an airport land use plan or private airstrip. The Palm Springs Intemational Airport is located approximately 10.20 miles northwest of the project site. The Bermuda Dunes Airport is located approximately 4.80 miles northeast of the project. As a result, the project is located outside both of the airport facilities' influence and plannin g area. Flights approaching and departing the Palm Springs Intemational Airport and the Bermuda Dunes Airport may fly over the City and the project site with an intermittent frequency, however, no impacts are anticipated.

Mitigation: None
Less than Significant Impact. The Community Safety Element of the City's General Plan identifies safety hazards relevant to the City of Indian Wells, and emergency preparedness in the City. The City also adopted a Local Hazard Mitigation Plan, which is continually updated, addresses the planned response to extraordinary emergency situations associated with natural or human caused disasters. Based on these resources, the two main evacuation routes in the City include Highway l1l, Washington Street, Fred Waring Drive, and Cook Street. The project site is currently developed and physical changes to the site is not proposed. Therefore, roadways and emergency evacuation routes will not be altered or reconfigured.

Operation of the site will remain the same, therefore, impacts to fire service demand will not change. Less than significant impacts are anticipated.

Mitigation: None
No Impact. The project property is located north of Highway I I l, in the City of Indian Wells. The project site is surrounded by developed land on all sides of the property. The land north, east, south, and west of the project consists of commercial and office properties. The project site currently operates as a commercial property with developed bank facilities.

The proposed site lies within the Community Commercial land use and zoningdesignation in the City. The project property is identified as having no fuel (no hazard). Areas identified as having high or very high fire threats are located south of the City. Per CalFire's Very High Fire Hazard Severity Zones (VHFHSZ) map, VHFHSZ areas are located in the southern portion of the site, at the Santa Rosa Mountains. Consult the Wildfires Section of this environmental document for further discussion. Conclusively, the project site is located in an area with no fire threat to the City; therefore, impacts regarding wildland fires are not expected.
f)
s)
Mitigation: None
49 Tentative Parcel Map No. 38283
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10. HYDROLOGY AND WATER QUALITY --
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
desrade surface or sround water qualitv?
n x
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?n
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course ofa stream or river or through the addition of
impervious surfaces, in a manner, which would result
in substantial erosion or siltation on- or off-site?
i) result in substantial erosion or siltation on- or off- site:n |-l X
ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-
or off-site:
n x
iii) create or contribute runoff water which would
exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff; or
u tr
iv) impede or redirect flood flows?tr f]ft x
d) In flood hazard, tsunami, or seiche zones, risk
release ofpollutants due to proiect inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
manaeement nlan?
Sources: Flood Insurance Rate Map # 06065C2226H, Federal Emergency Management Agency, Effective 4ll9l20l7; lilater Quality Control Plan for the Colorado River Basin Region, January 2019; 2020 Coachella Valley Regional Urbqn Water Management Plan, June 2021;
a) No Impact. The project site includes a fully developed and operating setting with two existing buildings, full utilities, and parking areas as part of the existing Village Plaza commercial center. The site is known to have been constructed and operated since 1996 based on Riverside County property records. The project site and the larger extent of Village Plazaare served by an on-site storm drain system with graded parking lot and hardscape surfaces for sheet flow conveyance, barrier curbs, and concrete gutters directed to multiple inlets. A west portion of the project parcel includes a storm drain easement (Toro Peak Storm Drain) related to the stormwater management infrastructure.

The project scope involves dividing the existing single parcel into two equally sized individual lots without incurring any new development, facility expansions, site disturbance, or a change in operation differing from the current conditions and allowable uses. The parcel division would not preclude or obstruct the ongoing maintenance, activity restrictions, and other responsibilities necessary to conform with the existing plaza operations, including those associated with the existing on-site storm drain system. Given that the scope ofthe project does not involve any physical ground disturbance, the project is exempt from various hydrology and stormwater management permits compared to the applicable requirements for new development and land disturbance activities under the Clean Water Act framework and National Pollutant Discharge Elimination System programs.

Since the project does not involve a construction phase or physical ground disturbance, coverage under the State's most current NPDES Construction General Permit (CGP), Order No. 2009-0009-DWQ, as amended 50 b)
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by 2010-0014-DWQ and 2012-006-DWQ, is not applicable. The threshold for CGP permit coverage is prompted by land disturbance equal to or greater than one acre. Since the project scope is limited to a lot division, construction-related stormwater permit coverage, as described above, is not applicable.

Moreover, given that the project site involves fully developed and operating facilities with an existing storm drain system, the project scope does not rise to the category of new priority developmenl that would trigger the preparation of a Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management PIan for Urban Runoff and the Whitewater River Watershed Municipal Separate Storm Sewer System Permit (MS4 Permit). The WQMP requirement is typically prompted by new development meeting certain size criteria to ensure that the stormwater management in such development complies with the MS4 Permit. The WQIvIP threshold and associated requirements are not applicable since the project will not involve new development. It is understood that the existing storm drain system found in the parking lot areas, including surface sheet flows, barrier curbs, concrete swales, and storm drain inlets will continue to be maintained in their current operations.

The nature of the project scope and existing site conditions with bank institutions as occupants does not involve industrial or other activities of higher intensity capable of producing waste discharge or runoff pollution in concentrations that would violate the pertinent NPDES and MS4 standards for water quality, or result in a degradation of surface or ground water quality. Therefore, no impacts are anticipated.

Mitigation: None
No Impact. The project site and entire City of Indian Wells are located within the domestic water service area of Coachella Valley Water District (CVWD), which covers approximately 1,000 square miles, serving approximately 110,000 homes and businesses. As a developed site, domestic water service is currently provided to the site for indoor and outdoor uses. Indoor water uses for the existing bank tenants are understood to be similar to office uses, including restroom facilities. Outdoor uses include landscape irrigation.

The Coachella Valley Groundwater Basin is the primary groundwater source for the project region's domestic water purveyors, including CVWD. Based on the California Department of Water Resources (DWR), the Coachella Valley Groundwater Basin has an approximate storage capacity of 39.2 million acre- feet (AF) of water within the upper 1,000 feet and is divided into four subbasins: Indio, Mission Creek, Desert Hot Springs, and San Gorgonio. The project site is specifically underlain by the Indio Subbasin, which is also known as the Whitewater River Subbasin. DWR has estimated that the Indio Subbasin contains approximately 29.8 million AF of water in the first 1,000 feet below the ground surface, representing approximately 76 percent of the total groundwater in the Coachella Valley Groundwater Basin.

Local groundwater management is curuently taking place under the framework of the 2020 Coachella Valley Regional Urban Water Management Plan (2020 RUWMP), the preparation of which involved the collaboration of the six urban water suppliers in the Coachella Valley, including CVWD. The 2020 RUWMP describes the region's water supplies and anticipated demands through 2045, along with each agency's programs to encourage efficient water use.

As previously discussed, the project scope does not involve any new development that would incur a new or increase in demand for water resources. Compared to new development, project implementation would not involve any construction activities and the associated water uses or would involve the operation of new or expanded facilities. The existing domestic water facilities would continue serving the site. As an existing rate payer for the existing facilities, the project operator will continue to contribute fees to CVWD proportionate to water demand, including any districtwide surcharges toward regional groundwater recharge efforts. Therefore, no impacts are expected pertaining to groundwater supplies, recharge, or sustainable groundwater management.
51 Tentative Parcel Map No. 38283
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Mitigation: None
c) i) No Impact. The fully developed project site and Village Plaza commercial center are served by operating storm drain facilities understood to be constructed with the initial site construction. The observable system includes graded parking lot and hardscape surfaces for sheet flow conveyance, barrier curbs, and concrete gutters directed to multiple inlets. All ground surfaces of the site are stabilized with buildings, hardscape, parking lot pavement, and maintained landscaping, such that there are no known sources of erosion. A west portion of the project parcel includes a storm drain system easement (Toro Peak Storm Drain) associated with the stormwater infrastructure. The developed site is absent of any slopes, areas of exposed soils, or naturally occurring drainage pattems, such as washes, streams, or rivers. All site vegetation is part of a landscape design incorporated into the parking lot and building areas. As a result, the project will not involve an alteration of any existing drainage pattern that would result in substantial erosion or siltation on- or off-site. Project implementation will not preclude the current storm drain system from continuing to operate or be maintained under the current responsibilities. No impacts are anticipated.

Mitigation: None
ii) No Impact. Project implementation will not involve any new development or facility additions resulting in changes to the existing surface composition (impervious/pervious coverage). Therefore, the project will not incur any changes or increases to the rate or quantity of stormwater runoff generated at the site, or any associated flooding conditions on- or off-site. The existing storm drain system effectiveness, including upkeep of the conveyances, inlets, and receiving lines providing stormwater management and flood protection, will continue to be a function of the site operations and maintenance activities under the property owner responsibilities. Therefore, no impacts to surface runoff are anticipated with regard to flooding, on- or off-site.

Mitigation: None
iii) No Impact. As previously discussed, the project scope does not involve any new development or physical modifications to the developed site that would otherwise alter the existing storm drainage system serving the site and Village Plaza. Therefore, no additional runoff production or associated pollutants will result from the project to the existing storm drainage system. Moreover, the project will not impede or invalidate the existing storm drainage easements on the property from continuing to serve their purpose. No impacts are anticipated.

Mitigation: None
iv) No Impact. The project site is fully developed and therefore absent of any naturally occurring drainage features or flood flows. According to the Federal Emergency Management Agency (FEMA) FIRM Panel Number 06065C2226H, effective April 19,2017, the entire project is covered by Zone X, an "area with reduced flood risk due to levee" and therefore deemed to have minimal flood hazard. The project site is not considered to be in a floodplain or a special flood hazard area (SFHA), where any impediments or redirection of flood flows could occur. No impacts are anticipated.

Mitigation: None
No Impact. As discussed above, the project site is located in a FEMA ZoneX designation, as an "area with reduced flood risk due to levee" and not in a flood plain or a special flood hazard area (SFHA), Moreover, the project is not located near any coastal areas and therefore is not prone to tsunami hazards. The project is not located near any body of water and therefore is not prone to seismic seiche hazards. The project is d)
52 e)
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January 2022lPaee3l
not considered flood prone or capable of resulting in a release of pollutants due to project inundation' Therefore, no impacts are anticipated.

Mitigation: None
No Impact. The project scope involving a fully developed site of L42 acres does not entail new development or facility modifications that would result in increases in stormwater runoff, increases in water demand, or conflicts with the regional water quality control plans or groundwater management efforts. No impacts are anticipated.

Mitigation: None
53 Tentative Parcel Map No. 38283
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January 2022lPaee 32
ll. LAND USE AND PLANNING - Would
the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incomoration
Less Than
Significant
Impact
No
Impact
a) Physically divide an established community?u x
b) Cause a significant environmental impact due
to a conflict with any land use plan, policy, or
regulation adopted for the purpose ofavoiding
or mitigating an environmental effect?
Source: Indian Wells General Plan; Indian Wells Municipal Code' a)No Impact. The project site occupies approximately 1.42 acres of developed commercial land north of Highway I I l. The project property currently consists of two commercial (bank) buildings, with paved drive aisles, parking areas, and landscaping. Areas north, east, south, and west of the project site are also developed and operate as commercial and office properties. Highway I l1 delineates the project's southern boundary. Due to the developed character of the project and surrounding area, the project will not divide an established community. Additionally, no physical changes to the site are proposed. Therefore, no impacts are expected.
b)
Mitigation: None
Less than Significant Impact. As previously stated, the project site, and surrounding area, is developed with commercial buildings. The project has two structures onsite, where the western building operates as Pacific Western Bank, and the eastern property operates as Bank of America. The project does not propose onsite demolition or construction activities. Operations will remain the same.

The project is located within the Community Commercial land use and zoning designations within Indian Wells. The project does not propose a General Plan amendment or a zone change. The project is proposing to divide the existing 7.42-acre parcel into two equal and individual lots for future sale. The project applicant will submit a Tentative Parcel Map (TPM No. 38283) and aZoning V ariance as part of the entitlement process. Commercial parcels located within the Community Commercial zoning must have a minimum width of 200 feet and minimum depth of 250 feet. The existing developed parcel No. 2 does not meet the minimum depth of 250 feet. A variance was approved when the original TPM was approved in March of 2000. In order to subdivide the parcel further, another variance request must accompany the Parcel Map in order to justiff the substandard size parcel. The project proposes to continue operations as commercial buildings and changes to the existing land use and zone is not proposed.

The approval ofthe TPM and variance will establish two individual, 0.71-acre parcels. Less than significant impacts are anticipated.

Mitigation: None
54 Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022lPaee 33

12. MINERAL RESOURCES -- Wouldthe
project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorooration
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents ofthe state?n X
b) 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?
Source: Mineral Land Classification Map, Riverside County, 2007;lndian Wells General Plan. a,b) No Impact. The mineral resources thatare attributed to the Coachella Valley desert floor primarily consists of sand, gravel (aggregate) and other important mineral deposits that have eroded from the surrounding mountains and hills. To ensure the protection of important mineral resources, the Surface Mining and Reclamation Act of 1975 (SMARA) developed Mineral Land Classification Maps and reports to identif, the presence or absence of suitable sources of aggregate (sand, gravel or stone deposits) into Mineral Resource Zones. According to this Classification Map, the project site is located within the Mineral Resource Zone I (MRZ-l). This specific zone identifies areas where adequate information indicates that there are no significant mineral deposits present or where it is judged that there is little likelihood for their presence.

Moreover, the project site, and surrounding area, is developed and operates as commercial land uses.

Mining activities do not occur at the project site or in close proximity to the project site. Due to the project's developed condition, no impacts to mineral resources are anticipated.

Mitigation: None
55 Tentative Parcel Map No. 38283
Initial StudyA{egative Declaration
January 2022lPaee34

13. NOISE -- Would the project result in:

Potentially
Significant
Impact
Less Than
Significant
Impact with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity ofthe project in excess ofstandards
established in the local general plan or noise
ordinance, or applicable standards ofother
agencies?
b) Generation of excessive groundborne vibration
or noise levels?n X
c) For a project located within the vicinity of a
private airstrip or 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, would the
project expose people residing or working in the
proiect area to excessive noise levels?
tr x
a)
Source: Indian Wells General Plan.

No Impact. According to the Indian Wells General Plan, noise is any disagreeable or undesired sound.

Community noise levels vary with time and location and are usually evaluated in terms of hourly or daily averages. Commonly used measures of average noise level include the equivalent continuous noise level, day-night level, and the Community Noise Equivalent Level. Leq is the level of a constant sound pressure which has the same sound energy as the actual time-varying sound pressure for a specific time interval. Ldn is a 24-hour average A-weighted sound level obtained after addition of l0 dB to sound levels occurring between l0:00 p.m. and 7:00 a.m. CNEL is the 24-hour average A-weighted sound level obtained after the addition of 5 dB to sound levels occurring between 7:00 p.m. and 10:00 p.m. and l0 dB to sound levels occurring between 10:00 p.m. and 7:00 a.m. The addition of 5 dB and 10 dB to the evening and nighttime hours, respectively, "weights" the average sound level to account for the increased adverse response to noise during these time periods.

The project site is located in the City of Indian Well's Community Commercial land use and zoning designation. The project property is completely developed with two detached commercial structures currently operating as bank facilities. Associated improvements on the project site includes paved drive aisles, parking spaces, pedestrian sidewalk, and landscaped areas. The area surrounding the project includes commercial buildings to the west, north, and south. Highway 111 delineates the project's southern boundary, and additional commercial buildings lie south of Highway I I l.

The project is currently located on one parcel (Assessor's Parcel Number 625-050-064). The project proposes to divide the single parcel into two equal parcels with the submittal of Tentative Parcel Map (TPM) No. 38283 and a Variance. The project does not propose demolition or construction of the project property, and operations will remain the same. Therefore, noise levels at the site will not change and the project will not generate a substantial temporary (construction) or permanent (operational) increase in ambient noise levels. No impacts to noise will occur.

Mitigation: None
No Impact. Ground-borne vibration can be described as perceptible rumbling, movement, shaking or rattling of structures and items within a structure. Ground-borne vibration can generate a heightened disturbance in areas with sensitive receptors (i.e., residential communities, schools, senior living facilities, etc.). These vibrations can disturb structures and items while creating difficulty for activities such as reading b)
56 c)
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in a residential home. Ground-borne vibration is sometimes perceptible in an outdoor environment, it is more noticeable inside of a building.

Vibration amplitudes are usually expressed as either peak particle velocity (PPV) or the root mean square (RMS) velocity). The PPV is defined as the maximum instantaneous peak of the vibration signal in inches per second. The RMS of a signal is the average of the squared amplitude of the signal in vibration decibels (VdB), ref one micro-inch per second. The operation oftrains, buses, large trucks and construction activities that include pile driving, blasting, earth moving, and heavy vehicle operation commonly cause these vibrations. Other factors that influence the propagation or attenuation of ground-borne vibration include distance to source, foundation materials, perimeter controls, soil, and surface Wpes' The I.42-acre project site is developed and operates as a commercial properly with two separate commercial buildings. The project site is located within the Community Commercial land use and zoningdistrict within the Ciry of Indian Wells. Properties surrounding the project are also characterized by developed commercial buildings. The existing source of ground-borne vibration is attributed to the circulation of vehicles and trucks along Highway lll, south of the project.

The project proposes to divide the existing project parcel into two individual parcels (equal in size) with the submittal of Tentative Parcel Map (TPM) No. 38283 and a Variance. The project does not propose the demolition of existing buildings or the construction of new structures. Operation of the project will not change. Therefore, the project will not generate excessive groundborne vibration or groundbome noise levels. No impacts are anticipated.

Mitigation: None
No Impact. The project is not located within an airport land use plan or private airstrip. The project is located approximately 4.80 miles from the closest airport, the Bermuda Dunes Airport. The project is also located outside of the 70,65 and 60 CNEL noise contours associated with this facility. Furthermore, the Bermuda Dunes Airport Land Use Plan does not identif'the project as being located within its planning area. No impacts are expected.

Mitigation: None
57 Tentative Parcel Map No. 38283
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14. POPULATION AND HOUSING -
Would the project:Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) tnduce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or indirectly
(for example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
n x
a)
b)
No Impact. The 1.4T-acre project site is developed and operates as a commercial property with trvo separate commercial buildings. The project site is located within the Community Commercial land use and zoning district within the City of Indian Wells. Properties surrounding the project are also characterized by developed commercial and office buildings'
The project proposes to divide the existing project parcel into two individual parcels (equal in size) with the submittal of Tentative Parcel Map (TPM) No. 38283 and a variance. The project does not propose the demolition of existing buildings or the construction of new structures. Operation of the project will not change. Therefore, the project will not induce substantial unplanned indirect or direct population growth in the area. No impacts are anticipated.

Mitigation: None
No Impact. The proposed site is currently developed and operates as two separate bank buildings. The proposed action will not displace existing housing or people. No impacts are expected.

Mitigation: None
58 Tentative Parcel Map No. 38283
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January 2022lPaee 37

15. PUBLIC SERVICES -Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the
public services:

Fire protection?n n n x
Police protection?u n x u
Schools?tr n x n
Parks?!n n x
Other public facilities?n n tr x
a)Fire
No Impact. Fire services for the City of Indian Wells are provided through a cooperative agreement with Cal-Fire/Riverside County Fire Department (RCFD). RCFD provides a full range of fire protection and emergency medical services to the City,24-hours a day and 7-days a week. The regional cooperative agreement benefits the City by providing resources from other nearby station, ensuring that peak loads and major incidents are handled promptly. Fire Station 55 is located at 44900 El Dorado Drive and is strategically located in the City. This station is equipped with a Fire Engine and Paramedic Ambulance and is approximately L5 miles from the project site.

The project site is comprised of two existing financial institutions and is in an urban and developed commercial area of the City. Fire services are already being provided to the project site and the proposed subdivision would not result in an increase for fire services. Therefore, the project would not necessitate the construction or alternation of a fire station to continue to serve the site at its current level, nor would it impact the current response times.

The City enacts a development fee on all new development within the City to finance public facilities which goes towards the funding of fire services. At the time the project was developed, the project would have been required to comply with Development Impact Fees in place at the time of construction. Payment of these fees helps offset impacts by providing sufficient revenue for necessary improvements to ensure acceptable fire facilities, response times, equipment and personnel are maintained. No impacts to fire services are anticipated with project implementation.

Mitigation: None
Police
Less than Significant Impact. Law enforcement services are provided to the City of Indian Wells through a contractual agreement with Riverside County Sheriff s Department. The Sheriff s department provides 24-hour municipal police services and patrol staffing is 30 hour per day, 7-days a week. Deputies assigned to work in Indian Wells operate out of the Palm Desert station located at 73-705 Gerald Ford Drive, approximately 6 miles from the project site.
59 Tentative Parcel Map No. 38283
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As previously discussed, the project site is comprised of two existing financial institutions and is in an urban and developed commercial area of the City. No new construction is proposed as part of the project.

Police services are already provided to the project site and the proposed subdivision would not result in an increase of these services. Therefore, the project would not necessitate the construction or alternation of a new police station and service to the site would continue at its current level, and response times would not change.

The City enacts a development fee on all new development within the City to finance public facilities which goes towards the funding of fire services. At the time the project was developed, the project would have- been required to comply with Development Impact Fees in place at the time of construction. Payment of these fees helps offset impacts by providing sufficient revenue for necessary improvements to ensure acceptable police facilities, response times, equipment and personnel are maintained. No impacts to police services are anticipated with project implementation.

Mitigation: None
Schools
l,"rs thun Signiticant Impact. The project site is within the boundary of the Desert Sands Unified School District (DSUSD). Development of the project would not create a direct demand on school services. The project site is comprised of two existing and operating commercial buildings. The applicant is proposing to iubdivide the buildings to make them available for future sale. No construction is proposed as part of this entitlement effort. No impacts are anticipated.

Mitigation: None
Parks
No Impact. The City of Indian Wells provides both public and private parks, open space and multi-city recreati,onal facilities with various amenities. As discussed below in the Recreation Section of this document, the proposed project would not create additional demand for public park facilities, nor result in the need to modiS, existing or construct new park facilities. Therefore, no impacts are expected.

Mitigation: None
Other Public Facilities
lVo lmpo"t. No increase in demand for government services or other public facilities is expected beyond those discussed in this section.

Mitigation: None
60 Tentative Parcel Map No. 38283
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January 2022/Paee 39

16. RECREATION-Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
tr x
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities, which might have an adverse
physical effect on the environment?
tr
a-b) Less than Significant Impact. The L4l-acre project site is developed and operates as a commercial property with two separate commercial buildings. The project site is located within the Community Commercial land use and zoning district within the City of Indian Wells. Properties surrounding the project are also characterized by developed commercial buildings.

The project proposes to divide the existing project parcel into two individual parcels (equal in size) with the submittal of Tentative Parcel Map (TPM) No. 38283 and a Variance. The project does not propose the demolition of existing buildings or the construction of new structures. Operation of the project will not change. Therefore, the project will not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Additionally, the project will not include recreational facilities or construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No impacts are anticipated.

Mitigation: None
61 Tentative Parcel Map No. 38283
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January 2022lPaee 40

17. TRANSPORTATION - Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incomoration
Less Than
Significant
Impact
No
Impact
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadwav. bicvcle and pedestrian facilities?
b) Would the project conflict or be inconsistent with
CEOA euidelines section 15064.3, subdivision (bX n n
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
eouioment)?
X
d) Result in inadequate emergencv access?tt tr n X
Setting
The project site occupies approximately 1.42 acres north of Highway 111 and approximately 150 feet west of Village Court in the City of Indian Wells. Currently the project area is developed with two detached commercial buildings, drive aisles, sidewalks, parking spaces, and landscaping. The two buildings are operating as Bank of America and Pacific Western Bank. The site is identified as Assessor's ParcelNumber (APN) 625-050-064.

The project site is located in the City of Indian Well's Community Commercial land use and zoning designation.

The project property is completely developed with two detached commercial structures currently operating as bank facilities. Associated improvements on the project site includes paved drive aisles, parking spaces, pedestrian sidewalk, and landscaped areas. The area surrounding the project includes commercial buildings to the west, north, and south. Highway 111 delineates the project's southern boundary, and additional commercial buildings lie south of Highway I I l. Access to the project is found at multiple points on HWY I I l. Full access to the shopping center is found on Village Center Drive. A right in/right out access point is located adjacent to the project.

Project Summary
The project proposes to divide a single parcel into two individual lots for future sale. The two parcels will be equal in area, each encompassing 0.71 acres. The project applicant will submit a Tentative Parcel Map (TPM No. 38283) and an Application for Variance as part of the entitlement process. Commercial parcels located within the Community Commercial zoning must have a minimum width of 200 feet and minimum depth of 250 feet. The existing developed parcel No. 2 does not meet the minimum depth of 250 feet. A variance was approved with the original TPM in March of 2000. In order to subdivide the parcel further, another variance request must accompany the Parcel Map in order to justiff the substandard size parcel. The project proposes to continue operations as commercial buildings and changes to the existing land use and zone are not proposed. The project does not propose demolition or construction on the project property, and operations will remain the same.

Level of Service Standard (LOS)
As required by SB 743,Yehicle Miles Traveled (VMT) replaced the former metric used to analyze traffic impacts which was LOS. With the implementation of SB T43,intersection LOS is not calculated to determine transportation impacts, however it provides information regarding intersection capacity and general plan consistency for the City.

VMT is discussed following this LOS discussion.

Level of Service (LOS) is a measure of transportation system performance based upon the ratio of traffic volume relative to the capacity of the roadway or intersection. The volume-to-capacity ratio (V/C) indicates the overall performance of the roadway segment or intersection and corresponds to a rating of A through F identi$ing its level 62 Tentative Parcel Map No. 38283
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of capacity utilization and relative level of congestion. LOS A represents free-flow traffic with little or no delay whereas LOS F represents a breakdown of traffic flow and a high incidence of delay.

Table XVII-I Level of Service
Mid-Link and U Flow
For roadway segment travel LOS is a measure of the flow of traffic, while for intersections, the LOS is based on the number of seconds the vehicle is delayed in passing through the intersection. Although accepting a lower level of service (LOS E or even F) at certain intersections and segments during peak season may result in periodic congestion, once familiar with network constraints, travelers will seek alternative paths and traffic will be distributed to those parts of the network with surplus capacity. The City of Indian Wells has established LOS D as the minimum level of service for its street segments.

Transportation Uniform Mitieation Fee (TUMF)
The Transportation Uniform Mitigation Fees (TUMF) program identifies network backbone and local roadways that are needed to accommodate growth. The regional program was put into place to ensure that developments pay their fair share, and that funding is in place for the construction of facilities needed to maintain an acceptable level of service for the transportation system. The TUMF is a regional mitigation fee program and is imposed and implemented in every jurisdiction in Westem Riverside County' Alternative Transportation
The City of Indian Wells is served by the Sunline Transit Agency.

SunDial is a valley wide, origin-to-destination paratransit service designed to meet the requirements of the Americans with Disabilities Act (ADA). The purpose is to provide next day public transportation service for persons who are unable to use regular Sunline service. SunDial service is available within 314 of a mile on either side of any local Sunline route (not including Commuter Link220 & Line 95).

Transit service is reviewed and updated by Sunline periodically to addresses issues such as budget, ridership and community demand. Changes in land use can affect these periodic changes, which could lead to enhanced service where appropriate.

Vehicle Miles Traveled (VMT)
The current recommended metric in the CEQA guidelines for transportation impacts is VMT per capita per SB 743.

The legislative intent of SB 743 is to balance the needs of congestion management with statewide goals for infill development, promotion of public health through active transportation and reduction of greenhouse gas emissions.

Vehicle Miles Travelled is a measure of the amount of travel for all vehicles in a geographic region over a given period of time, typically a one-year period. The analysis of Vehicle Miles Traveled (VMT) (SB743) attributable to a project in CEQA went into full effect statewide on July 1,2020. According to the Governor's office of Planning Volume/CapaciW RatioLevel of Service

0.00 - 0.60A

0.61 - 0.70B

0.71 - 0.80c

0.81 - 0.90D

0.91 - 1.00E
Not MeaninsfulF
Source : Hi ghway Capacity Manual, Tran sportation Research Board - Special Report 209, National Academy of Science, Washington, D c.2000
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and Research (OPR) proposed CEQA Guideline Implementing SB 743,projects that decrease vehicle miles traveled in a project area compared to existing conditions should be considered to have a less than significant transportation impact. The California Air Pollution Control Officers Association (CAPCOA) publishes a resource for Local Government to assess emission reductions from Greenhouse Gas Mitigation Measures. The CAPCOA report recognizes that land use planning provides the best opportunity to influence GHG emissions through a reduction in overall VMT.

According to the National Center for Sustainable Transportation, a number of cities, regions and states across the United States have begun to deemphasize vehicle delay metrics such as LOS. In their place, policymakers are considering alternative transportation impact metrics that more closely approximate the true environmental impacts of driving. VMT is one metric that is increasingly being utilized.

Goals for reducing Greenhouse Gasses (GHG) have been the primary motivation for the shift to VMT measures.

Reductions in VMT produce many other potential benefits such as reductions in other air pollutant emissions, water pollution, wildlife mortality and traffic congestion, as well as improvements in safety and health and savings in public and private costs.

Existing Transportation Conditions Summarv
Regional access to the project site is provided by Highway I I I immediately south of the project site and Interstate l0 approximately 4.5 miles to the north. Local east/west circulation is provided by Highway lll. Cook Street, located approximately 500 feet to the east provides the nearest north/south circulation.

Highway 111 is a six (6) lane divided roadway trending in an east/west direction in the project vicinity. From its origin at the junction with Interstate 8 in Calexico to its terminus at the junction with Interstate 10 near Palm Springs, Highway 1 11 provides regional access through Imperial County and the Coachella Valley. Highway I I 1 is classified as a Major Arterial roadway in the City of Indian Wells General Plan. On-street parking is prohibited in the project vicinity; a Class III Bike Lane is designated along this roadway. A sidewalk is cunently provided along the project frontage. Highway 11 1 is designated as a Riverside County CMP roadway a) No Impact.

Future Traffic Conditions
The project is not proposing demolition, construction or a change in operations. Trip generation is not anticipated to change with the approval of the Tentative Map andZoningVariance.

Consestion Manasement Plan
The County Congestion Management Plan (CMP) requires a LOS E or better for regional roadways. The generation, distribution, and management of project traffic is not expected to conflict with the CMP; no CMP roadways occur in the vicinity of the project. The project and background traffic will not exceed City level of service standards or travel demand measures, or other standards established by the City or Riverside County Transportation Commission (RCTC) for designated roads or highways.

The Transportation Uniform Mitigation Fees (TUMF) program identifies network backbone and local roadways that are needed to accommodate growth.

Prior to the original project construction, the project proponent of the 1990's project would have been required to contribute development impact fees (e.g., traffic signal mitigation fees) and would have participated in the Traffic Uniform Mitigation Fee (TUMF) program. The project is not proposing demolition, construction, or changes to operations. No impacts are anticipated.

Alternative Transportation
64 b)
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Sunline Transit Agency buses are wheelchair accessible and include bicycle racks accommodating two or three bicycles. The nearest bus stop is located approximately 200 feet east of the project. The project is not proposing any elements that will change existing operations. The continued use of local bus services by project customers or employees is not expected to conflict with or substantially increase the demand for this transit service. Project implementation is not anticipated to interfere with the existing service or performance at bus stop facilities. The proposed project would not impact pedestrian or bicycle mobility.

The project is not anticipated to conflict with an applicable plan, ordinance or Policy establishing measures of effectiveness for the performance of the circulation system. No impacts are expected.

Mitigation: None
No Impact.

Vehicle Miles Travelled (VMT)
The California Environmental Quality Act (CEQA) procedures for determination of transportation impacts have recently changed to an evaluation of Vehicle Miles Traveled (VMT) rather than vehicle delay or LOS, due to Senate Bill743 (SB 743). Vehicle delay and level of service are still used in Indian Wells traffic studies when required.

Methodolog.v
The City of Indian Wells sets forth screening criteria under which projects are not required to submit detailed VMT analysis. This guidance for determination of non-significant VMT impact is primarily intended to avoid unnecessary analysis and findings that would be inconsistent with the intent of SB 743.

VMT screening criteria for development projects include the following:

Small Projects with low trip generation based on the County Greenhouse Gas Emissions Screening Tables resulting in a 3,000 metric tons of Carbon Dioxide Equivalent per year screening level threshold. Project trip generation is less than I l0 trips per day per the ITE Manual or other acceptable source determined by Riverside County.

Map Based Screening within an area of development under threshold as shown on screening map allowed by the Engineering Department.

Local Essential Service includes day care, park, medicalldental office building under 50,000 square feet, police or fire facility, and govemment offices which are considered local-serving facilities that shorten non-discretionary trips by putting those services closer to residents, resulting in an overall reduction in VMT.

Project Screening
The project does not propose demolition, construction, or changes in operations. The project has been reviewed for VMT screening based on the criteria mentioned above and no further VMT analysis is needed.

Conclusions
The project is not anticipated to increase trip generation/parking, so it is considered a small project.

Therefore, the project will not conflict or be inconsistent with CEQA Guidelines Section 15064.3 subdivision (b). No impacts are anticipated'
Mitigation: None
No Impact. The project does not propose demolition, construction or changes to operations and will not create a substantial increase in hazards due to a design feature. The project's access points will not be altered. Project-generated traffic will not change and is consistent with existing traffic in the area. The a
a
a
c)
65 d)
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internal circulation system will continue to provide adequate fire department access. Sharp curves are avoided by design guidelines.

Approval of the Tentative Map and Zoning Variance are not anticipated to increase hazards due to geometric design feature or incompatible uses. Therefore, no project related impacts are anticipated.

Mitigation: None
No Impact. Emergency Access: Regional access to the project site will continue to be provided via primary arterials, secondary arterials and a variety oflocal roads.

Primary project access and emergency access will continue to be provided at the existing locations on Highway 111.

Approval of the Tentative Map andZoningVariance is not anticipated to result in inadequate emergency access. Therefore, no impacts are anticipated relative to inadequate emergency access.

Mitigation: None
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18. TRIBAL CULTURAL RESOURCES -
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incomoration
Less Than
Significant
Impact
No
Impact
a) Would the project cause a substantial
Adverse change in the significance of a
Tribal cultural resource, defined in Public
Resource Code Section 21074 as either
a site, feature, place, cultural landscape that
is geographically defined in terms of the size
scope ofthe landscape, sacred place, or object
with cultural value to a California Native
American tribe, and that is:
i)Listed or eligible for listing in the California
Register of Historical Resources, or in a local
Register ofhistorical resources as defined
in Public Resource Code Section 5020.1(k), or;
n
ii)A resource determined by the lead agency,
in its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1.In applying the criteria
set forth in subdivision (c) of Public Resources
Code Section 5024.1,the lead agency shall
considerthe significance ofthe resource to a
Califomia Native American Tribe.
n n
a) i. No Impact. As previously discussed, the site is located in an existing shopping center and currently operating as financial institutions in an urbanized and developed area of the City. There are no known historical structures or features located on the project site and the site is not identified in the City of Indian Wells General Plan as having Historic Resource Sensitivity. Therefore, the project site is not expected to cause a substantial adverse change in the significance of a Tribal cultural resource as defined by Public Resource Code $21074 and no impacts are expected'
Mitigation Measure: None
b) ii. Less than Significant Impact. Public Resource Code 21074 identifies "Tribal Cultural Resources" as "sites, features, places, cultural landscapes, sacred places, and objects with culture value to Califomia Native American Tribe" and that are either included or determined to be eligible for inclusion on the national, state, or local register of historic resources or that are determined by the lead agency, in its discretion, to be significant when taking into consideration the significance of the resource to a California Native American Tribe.

Assembly Bill 52 (AB 52) requires lead agencies to notiflz their local tribes about development projects. It also mandates lead agencies consult with Tribes if requested and sets the principals for conducting and concluding the required consultation process. Pursuant to AB 52 consultation requirements, the City of Indian Wells initiated a 30-day review period from XX XX,2022 to XX XX,2022. To be completed after AB 52.

Mitigation Measure: None
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19. UTILITIES AND SERVICE SYSTEMS -
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded water, wastewater
treatment or storm water drainage, electric power,
natural gas, or telecommunications facilities, the
construction or relocation of which could cause
sisnifi cant environmental effects?
n
b) Have sufficient water supplies available to serve
the project and reasonable foreseeable future
development during normal, dry and multiple dry
years?
n n x
c) Result in a determination by wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
orovider' s existine commitments?
!
d) Generate solid waste in excess of State or local
standards, or in excess ofthe capacity oflocal
infrastructure, or otherwise impair the attainment
of solid waste reduction goals?
n x
e) Comply with federal, state, and local
management and reduction statutes and regulations
related to solid waste?
a)No Impact. The project site is in an urban setting currently served by existing utilities. As previously discussed, the project proposes to subdivide two existing parcels comprised of two commercial buildings for continued operation and future sale. The project would not involve any new development, facility expansion, physical site disturbance, or change in operation differing from the current conditions and allowable uses. The subdivision of the two parcels would not change the utility services currently provided to the site. Domestic water and wastewater services are provided to the site by the Coachella Valley Water District (CVWD). Southern California Edison would continue provide electric power to the site and SoCal Gas will provide natural gas, telecommunication connections are provided by Spectrum, all connections these utilities are located within the project's boundary. The project has been previously designed with a on-site storm drain system that complies with the City's drainage requirements by preventing site discharge and transport of untreated runoff. No new construction of public water, wastewater, electric power, natural gas, or telecommunications facilities will need to be constructed or relocated. No impacts are expected.

Mitigation: None
b) No Impact. Groundwater is the primary source of domestic water supply in the Coachella Valley. The Coachella Valley Water District (CVWD) is the largest provider of potable water in the valley and currently provides potable water to the project site. As previously discussed, the project scope does not involve any new development that would incur a new or increase in demand for water resources. Compared to new development, project implementation would not involve any construction activities that would impact the existing water uses or would it involve the operation of new or expanded facilities. The existing domestic water facilities would continue serving the site. As an existing rate payer for the existing facilities, the project operator will continue to contribute fees to CVWD proportionate to water demand, including any districtwide surcharges toward regional groundwater recharge efforts. Therefore, no impacts are expected pertaining to the available water supply.
68 c)
d)
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Mitigation: None
No Impact. CVWD operates 6 water reclamation plants and maintains more than 1,000 miles of sewer pipelines and more than 30 lift stations that transport wastewater to the nearest treatment facility and nearly

6.3 billion gallons of wastewater is treated yearly. As previously discussed, the project scope does not involve any new development that would incur a new or increase in demand for wastewater resources.

Compared to new development, project implementation would not involve any construction activities that would impact the existing wastewater uses or would involve the operation of new or expanded facilities.

The existing sewer facilities would continue serving the site. Therefore, no impacts relative to wastewater capacity are expected.

Mitigation: None
No Impact. Solid waste disposal and recycling services for the City of Indian Wells is provided by Burtec.

Solid waste and recycling services are already provided to the site. Waste and recycling collected from the site is be hauled to the Edom Hill Transfer Station. Waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Disposal Site, El Sobrante Sanitary Landfill and Lamb Canyon Disposal Site. Cal-Recycle data indicates the Bandlands Disposal site has 15,748,799 cubic yards of remainin g capacity, the El Sobrante Landfill has a remaining capacity of 143,977,170 tons of solid waste, and Lamb Canyon Disposal has a remaining solid waste capacity of 19,242,950 cubic yards.

As part of its long-range planning and management activities, the Riverside County Waste Management Department (RCWMD) ensures that Riverside County has a minimum of l5 years of capacity, at any time, for future landfill disposal. The 15-year projection ofdisposal capacity is prepared each year by as part of the annual reporting requirements for the Countywide Integrated Waste Management Plan. The most recent 15-year projection by the RCWMD indicates that no additional capacity is needed to dispose of countywide waste through 2024, with a remaining disposal capacity of 28,567,626 tons in the year 2024 (County of Riverside 2015b). No new construction or expanded facilities are proposed as part of this project and the existing waste and recycling services would continue to serye the site. Therefore, no impacts relative to solid waste is expected.

No Impact. The project will continue to comply with all applicable solid waste statutes and guidelines. All development is required to comply with the mandatory commercial and multi-family recycling requirements of Assembly Bill34l. No impacts are expected relative to applicable solid waste statues and regulations.

Mitigation: None
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20. WILDFIRE - If located in or near state
responsibility areas or lands classified as very
high fire hazard severity zones, would the Project
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency
resDonse olan or emergencv evacuation plan?x
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from a wildfire or the uncontrolled
soread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water resources, power lines
or other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?
n
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff post-fire slope
instabilitv. or drainase changes?
Source: Indian Wells General Plan Update; CAL FIRE High Fire Severity Zone Maps. a-d) No Impact. The project site currently resides in an urban and developed area within the City of Indian Wells. The project site has been graded and developed for a number of years with two commercial buildings onsite. The project site is surrounded by similar commercial uses to the north, east, south, and west.

According to CAL FIRE's Fire Hazard Severity Zones (FHSZ) in State Responsibility Areas (SRA) Map, the project site is not located in an SRA or located in an area classified as very high fire hazard severity zone. Per CAL FIRE's map, the project property is located in a (incorporated) Local Responsibility Area (LRA). The project is not located in or near state responsibility areas or lands classified as very high, high or moderate ftrehazard severity zones, therefore, no impacts are anticipated.

Wildfire risk is related to a number of parameters, including fuel loading (vegetation), fire weather (winds, temperatures, humidity levels and fuel moisture contents), and topography (degree of slope). Steep slopes contribute to fire hazards by intensifuing the effects of wind and making fire suppression difficult. Fuels such as grass are highly flammable because they have a high surface area to mass ratio and require less heat to reach the ignition point. According to the Riverside County General Plan, wildfire susceptibility is moderate to low in the valley and desert regions on the western and eastern sides ofthe Salton Sea. Methods in which developments address wildland fires hazards includes establishing setbacks that buffer development from hazard areas, maintaining brush clearance to reduce potential fuel, use of low fuel landscaping, and use of fire-resistant building techniques.

As previously stated, the project property is located in a developed area of the City. Thick vegetation, which acts as wildfire fuel, does not occur in areas adjacent to the project. Additionally, the project is not located adjacent to steep slopes. Therefore, a wildfire is not expected to occur in the City and at the project site. As a result, the project site is not expected to expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.

The project site connects to an existing network of streets. The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The project is not expected to require the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. 70 Tentative Parcel Map No. 38283
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Landslides include rockfalls, deep slope failure, and shallow slope failure. Factors such as the geological conditions, drainage, slope, vegetation, and others affect the potential for landslides. One of the most common causes of landslides is construction activity that is associated with road building. The site is located on flat ground, therefore, risks associated with slope instability are not significant. As a result, the project is not expected to expose people or structures to significant risks including downslope or downstream flooding or landslides, due to runoff, post-fire slope instability, or drainage changes. No impact is expected to result from the project.

Mitigation: None
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2I, MANDATORY FINDINGS OF

SIGNIFICANCE
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
substantially reduce the number or restrict the
range ofa rare or endangered plant or animal or
eliminate important examples of the major periods
of California historv or orehistorv?
n
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable" means
that the incremental effects ofa project are
considerable when viewed in connection with the
effects ofpast projects, the effects ofother current
projects, and the effects ofprobable future
oroiects)?
n
c) Does the project have environmental effects,
which will cause substantial adverse effects on
human beines. either directly or indirectly?
n x
a)
b)
No Impact. As concluded in the Biological and Cultural Resources sections of this document, the proposed project would result in no impacts to these resources. The project is an existing compatible use with the City of Indian Wells General Plan and Zoning and its surroundings. The project will not significantly degrade the overall quality of the region's environment, or substantially reduce the habitat of a wildlife species, case a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare of endangered plant or animal or eliminate important examples of the major periods or California history or prehistory. Based upon the information provided within this Initial Study, approval and implementation of the project is not expected to substantially alter or degrade the quality of the environment, including biological, cultural or historical resources. No impacts are expected.

Mitigation: None
No Impact. The proposed project and its location is found to be adequate and consistent with existing federal, state and local policies and is a consistent land use with the City of Indian Wells General Plan and Zoning. Approval and implementation of the proposed project will result in no impacts related to cumulatively considerable impacts.

Mitigation: None
No Impact. The proposed project will not result in impacts related to environmental effects that will cause substantial adverse effects on human beings. The project is already developed and has been designed to comply with established design guidelines and building standards. The City's review process of the Tentative Parcel Map will ensure that applicable guidelines are being followed. Based upon the findings provided in this document, no impacts are expected.

Mitigation: None
c)
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REFERENCES
Alquist-Priolo Earthquake Fault Zoning(AP) Act, California Department of Conservatton.

Analysis of the Coachella Valley PMl0 Redesignation Request and Maintenance Plan, by the California Air Resources Board, February 2010.

CAL FIRE High Fire Severity Zone Maps.

California Greenhouse Gas Emissions for 2000 to 2017 , Trends of Emissions and Other Indicators, 20 l9 Edition, California Air Resources Board.

City of Indian Wells GeneralPlan.

City of Indian Wells Municipal Code.

Coachella Valley Water District, 2015 Urban Water Management Plan, Final Report, July 2016 PSUSD Fee Justification Study.

Enforcement and Compliance Fault Zoning Act, California Department of Conservation.

Enforcement and Compliance History Online, EPA,202|.

EnviroStor, Department of Toxic Substances Control, 2021 .

Farmland Mapping and Monitoring Program, California Department of Conservation, accessed December 2021.

Final 2016 Air Quality Management Plan (AQMP), by SCAQMD, March 2017 .

Final 2003 Coachella Valley PM10 State Implementation Plan (CVSIP), by SCAQMD, August 2003.

Flood Insurance Rate Map # 06065C2206G, Federal Emergency Management Agency, Effective August 28,2008.

GeoTracker, State Water Resources Control Board,2021'
Mineral Land Classification Map, Riverside County, 2007' Release No. l8-37 & 19-35, California Air Resources Board Press Release, July 2018 and August 2019.

Riverside County General Plan, Safety Element, 2016; Riverside County General Plan Geotechnical Report 2000.

Water Quality Control Plan for the Colorado River Basin Region, January 2019. 73 City of Indian Wells
6/8/2022
44-950 Eldorado Drive,
Indian Wells
File #:110-22 Item #:A.

Indian Wells City Council
Staff Report - Community Development June 8, 2022
Modification to Conditional Use Permit 2-78-1 and Zone Text Amendment 2022-01 for Second Story Addition and Remodel to Desert Horizons Clubhouse, Including Renovations to Existing Tennis Court and Pickleball Complex, New Resort Pool Area, and Modifications to Front Entry Gatehouse, Water Feature and Landscaping, and Finding the Project to be Exempt from the California Environmental Quality Act RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; and FINDS the Project to be Exempt from the provisions of the California Environmental Quality Act (“CEQA”); and
ADOPTS Resolution No. 2022-33 approving modification to Conditional Use Permit 2-78-1 allowing the addition and renovations to the Desert Horizons Clubhouse, Tennis and Pickleball facility, and front entry improvements; and
INTRODUCES Ordinance No. 744 to be read by title only and further reading waived, amending Section 21.14.020 of the Indian Wells Zoning Code regarding Planning Area 2 Desert Horizons/Cook Street Area.

DISCUSSION:

Desert Horizons requests the necessary approvals to remodel and renovate their existing clubhouse, tennis courts and front entry (Attachment 4a - Vicinity Map). The proposed project would include a second story addition to the existing clubhouse for a new fitness center, including a major renovation of the building facade, expanded porte cochere, decorative sunshade awnings, new pitched roof elements and window treatments to convert the building into a desert modern motif. Other planned improvements include modifications to the existing tennis and pickleball complex to reconfigure the courts around an office/lounge area, addition of a new resort pool on the backside of the clubhouse, and upgrades to the existing gatehouse and front entry water features and landscaping - collectively City of Indian Wells Printed on 6/4/2022Page 1 of 5
powered by Legistar™74

File #:110-22 Item #:A.
the “Project” (Attachment 4b - Site Plan).

The Project would require a Zone Text Amendment to modify the development standards found in Section 21.14.020 Planning Area 2 (Desert Horizons/Cook Street Area) to allow a second story addition to the existing clubhouse building, with specific development standards defining applicable setbacks and heights (Attachment 3 - Zone Text Redline). Consistent with Section 21.06.040, the project also requires approval of a modification to the existing Conditional Use Permit (“CUP”) detailing the conditions on which the City would approve the Project. Resolution No. 2022-33 analyzes each of the required Project approvals and City Council actions to approve the Project (Refer to Attachment 1). The Planning Commission held a duly noticed public hearing on the Project May 26, 2022, and recommended approval to the City Council 3 to 0, with 2 excused.

ANALYSIS:

The Desert Horizons Country Club was originally approved on May 4, 1978 under CUP No. 2-78-1, and the existing clubhouse has served the community since that time without any major upgrades.

Desert Horizons Owners Association (“DHOA”) is now planning to remodel the clubhouse by adding a second story addition which will accommodate a new fitness center for exclusive use by its club members. Major facade improvements are also proposed to change the architectural appearance to a desert modern character. The existing tennis facility located northeast of the clubhouse, will be upgraded to add new pickleball courts, a single-story lounge and office building and new fencing, lighting, and landscape improvements. A new resort pool area will be located on the west side of the clubhouse and would require modifications to the existing shoreline of the lake to accommodate its location in this area. Additional improvements include upgrades to the front entry at HWY 111, including remodeled gatehouse, water features and a more drought tolerant landscape design.

Clubhouse Addition and Renovations
The Desert Horizons Country Club is a private, members‐only facility serving 510 nearby homes and providing 18 holes of golf with an existing tennis/pickleball facility. The existing clubhouse consists of a single-story structure with the primary roof line 28-feet 8-inches above the main level pad elevation. An architectural projection protrudes to 37-feet 10-inches in the central portion of the roof area. The clubhouse floorplan is a split-level room, occupied by various lounge areas, locker rooms, dining areas, offices, with the golf and tennis pro shop on the lower level. There is also a basement area within the existing building located 10-feet below the main level pad elevation, which occupies the cart barn, small bar area, restrooms, fitness room and various storage and utility rooms (Attachment 5 - Existing Clubhouse Elevations).

An 8,390 sqft second story addition would be added to accommodate a new fitness center for exclusive use by DHOA club members. The second story addition would primarily be located on the northern half of the building and would incorporate a butterfly-type roof design with its highest point at 29-feet along the north elevation of the building. Architectural projections, including mechanical screens and parapets would extend up to 31-feet at the central portion of the roofline (Attachment 6 - Proposed Clubhouse Elevations). Although the building is adding a second story, the tallest section of the roof would effectively be 4-inches higher than the existing roof, and architectural projections City of Indian Wells Printed on 6/4/2022Page 2 of 5
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of the roof would effectively be 4-inches higher than the existing roof, and architectural projections would be lower profile considering the 37-foot-high projection that currently exists compared to the 31-foot-high projections atop of the proposed roofline. Clubhouse renovations would also include major improvements to the building facade, including an expanded porte cochere, decorative sunshade awnings, new pitched roof elements and window treatments to transform the building into a desert modern architectural style (Attachment 7 - Clubhouse Simulations).

Outdoor area amenities associated with the clubhouse building include a new resort pool west of the clubhouse (Attachment 8 - Resort Pool). Location of the proposed pool would require modifications to the existing shoreline of the existing lake in this location. The pool amenity is a typical ancillary use to clubhouse facilities, but in this case pool access will be gated and not open to the public.

Parking provided at the clubhouse consists of 118 stalls, with 5 ADA accessible stalls. Members gain access to the facility using golf carts, walking and bicycling in addition to automobiles. There are no additional parking facilities planned as part of the proposed renovations. A parking study was prepared in support of the improvements to the clubhouse and tennis facility which determined that in consideration of the private, member-only characteristics of the project, the existing 118 parking stalls would continue to adequately serve the upgrades to the clubhouse, resort pool, and tennis pavilion (Attachment 9 - Parking Study).

Specific development standards for Desert Horizons are provided in Section 21.14.020 of the Indian Wells Zoning Code. The project would require amending the existing code requirements to allow the second story addition with applicable development standards defining the allowable heights and setbacks. Consistent with Section 21.06.020, justification for the proposed amendments have been made to support the Planning Commission’s Resolution.

Tennis and Pickleball Pavilion
The existing tennis and pickleball facility is located approximately 250-feet northeast of the clubhouse and consists of 3 tennis courts and 6 pickleball courts. This facility will be upgraded to reconfigure 3 tennis courts with 7 pickleball courts around a new pavilion area consisting of a 647 sqft single-story lounge building with restrooms, lockers, and a 231 sqft office/merchandise building (Attachment 10 - Sport Courts). Decorative sunshade awnings would cover patio areas with outdoor tables and chairs for lounging. The building’s architecture would resemble the clubhouse building in color and materials and includes the butterfly-type roof design at a maximum height of 14-feet 6- inches (Attachment 11 - Pavilion). Drought tolerant landscape improvements are planned throughout the pavilion and court areas, with a tall row of hedges flanking the north and west perimeters of the facility, providing screening from the adjacent residential homes to the north (Attachment 12 - Pavilion Landscaping).

Existing chain-link fencing surrounds the court complex and is currently 10-feet in height. New chain -link fencing would be installed as part of the court complex renovations and would be a maximum of 12-feet high above the court surface. Existing court lighting is 20-feet 6-inches above the court surface. The associated renovation would require new court lighting, which would be a maximum of 21-feet above the court surface. A lighting study (photometric) was prepared to model the lighting City of Indian Wells Printed on 6/4/2022Page 3 of 5
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21-feet above the court surface. A lighting study (photometric) was prepared to model the lighting levels onsite and at surrounding properties. According to the study, the new court lighting would result in no light trespass (0.0 footcandles) at the adjoining residential property line located immediately north of the tennis pavilion (Attachment 13 - Photometric Plan).

Gatehouse and Front Entry Improvements
The front gatehouse, landscape and water features will also be renovated as part of the proposed improvements. The entry water features located on both sides of the grand entry drive at HWY 111 will be slightly reconfigured and reduced in size, with new boulder island, stoned veneered walls and floating sign. The existing stone walls flanking both sides of the grand entry drive will be removed, and the median will be landscaped with new drought tolerant desert plant species. Large areas of the existing turf surrounding the water features will be removed and replaced with drought tolerant desert plantings and new palm trees with up-lighting accent lights. Most of the existing turf will remain along the HWY 111 frontage, maintaining consistency with the existing landscape treatments within the right-of-way immediately east and west of the Desert Horizons entry (Attachment 14 - Front Landscape).

The existing gatehouse building will remain; however, it will include a new architectural roof projection, 40-feet wide and 5-feet in height, centered over the middle of the building and consisting of horizontal steel louvers with aesthetic backlighting. The existing dark tint will be removed from the windows to increase visibility. The building will be repainted a dark brown with cream accents and stone veneer, consistent with color and materials used for the updated clubhouse (Attachment 15 - Gatehouse Rendering).

CEQA
This Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State and local CEQA Guidelines, and the environmental regulations of the City. The City, as lead agency, has determined the proposed project qualifies as being Categorically Exempt from CEQA pursuant to §15301(e)(2) which allows additions to existing structures provided the addition will not result in an increase of more than 10,000 sqft, and where the project area is currently served by all public services and utilities and not within an environmentally sensitive area.

City of Indian Wells Printed on 6/4/2022Page 4 of 5
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ATTACHMENTS:

1. Resolution No. 2022-33

2. Ordinance No. 744

3. Zoning Code Redline Text

4. Vicinity Map & Site Plan

5. Existing Clubhouse Elevations

6. Proposed Clubhouse Elevations

7. Clubhouse Renderings

8. Resort Pool Concept

9. Parking Study (Urban Crossroads)

10.Sports Courts

11.Pavilion Renderings

12.Pavilion Landscaping

13.Photometric Plan

14.Front Entry Landscaping

15.Gatehouse Elevations
City of Indian Wells Printed on 6/4/2022Page 5 of 5
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RESOLUTION NO. 2022-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2-78-1, AND ZONE TEXT AMENDMENT NO. 2022-01 FOR

SECOND STORY ADDITON AND REMODEL TO DESERT HORIZONS

CLUBHOUSE, RENOVATIONS TO EXISTING TENNIS COURT AND

PICKLEBALL COMPLEX, ADDITION OF NEW RESORT POOL AND

MODIFICATIONS TO FRONT ENTRY GATEHOUSE, WATER FEATURE, AND

LANDSCAPING, AND RECOMMENDING THESE ACTIONS BE FOUND
EXEMPT FROM CEQA PURSUANT TO SECTION 15301(E), EXISTING FACILITIES.

WHEREAS, Desert Horizons Owners Association (the “Applicant”), has filed an Application with the City of Indian Wells (the “City”) for a Modification to Conditional Use Permit (“CUP”) No. 2-78-1, and Zone Text Amendment (“ZTA”) No. 2022-01 for an 8,390 sqft second story addition to Desert Horizons existing clubhouse, including facade improvements to convert the building into a desert modern architectural style, with modifications to the existing tennis complex, addition of new resort pool, and upgrades to the existing gatehouse and front entry water features and landscaping. (the “Project”); and
WHEREAS, in accordance with the California Environmental Quality Act (“CEQA”), the Project has been found to be exempt from State CEQA guidelines pursuant to Section 15301(e)(2), which allows additions to existing structures provided the addition will not result in an increase of more than 10,000 sqft, and where the project area is currently served by all public services and utilities and not located within an environmentally sensitive area; and
WHEREAS, staff concluded the improvements to the existing clubhouse and onsite amenities is consistent with the goals, policies, objectives and regulations of the City’s General Plan and Municipal Code; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Indian Wells to consider the Applicant's request was given in accordance with applicable law; and
WHEREAS, on May 26, 2022, the Planning Commission held a duly noticed public hearing on the Project and recommended approval to City Council; and WHEREAS, the CUP, and ZTA applications were properly noticed and notice of the public hearing by the City Council was provided in accordance with applicable law; and WHEREAS, on June 8, 2022, a duly noticed public hearing on the Project was held by the City Council at which the Council considered the potential effects of the Project on ATTACHMENT #1
79 public and private facilities, and accepted oral and written testimony from interested persons; and

WHEREAS, the City Council carefully considered all information pertaining to the Project, including the staff report, project plans and specifications, and all the information, evidence, and testimony presented at its public hearing; and

WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby makes the following findings:

Conditional Use Permit:

1. The proposed location of the modified conditional use is in accord with the objectives of the Zoning Code and the purpose of the General Plan and Zoning land use category in which the site is located, as amended.

FACT: The modified CUP is consistent with the objectives of the Zoning Code, as amended by the associated Zone Text Amendment (ZTA). The project is located within a Planning Area 2 for the Desert Horizons/Cook Street Area (Zoning Code Section 21.14.020). Subarea 2.1 of the Planning Area identifies specific development standards for Desert Horizons. Approval of the ZTA will further define the specific development standards to facilitate construction of a second story on the existing clubhouse and associated lounge building, fencing, and lighting facilities at the tennis-pickleball pavilion.

2. The proposed modified conditional use will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity.

FACT: The proposed Project will not adversely affect the public health, safety or welfare, or materially injure surrounding properties or improvements since it will be required to adhere to Conditions of Approval attached hereto as Exhibit “A” including all applicable sections of the California Building Code, California Fire Code and Municipal Code. In addition, considering the proposed project would simply involve additions and renovations to existing uses onsite, it would remain consistent with the character and visual aesthetics of the existing uses onsite.

80 3. The proposed conditional use will comply with each of the applicable provisions of this Zoning Code.

FACT: With approval of the associated ZTA, the CUP will remain in compliance with the applicable provisions of the Zoning Code. Development within the Desert Horizons Country Club is governed by Section 21.14.030 of the Zoning Code. The associated ZTA would amend these development standards to allow the proposed heights and setbacks to facilitate construction of the proposed clubhouse addition and remodeled tennis-pickleball facilities.

Zone Text Amendment:

1. The proposed Zone Change is consistent with the City of Indian Wells General Plan or any amendment approved concurrently with the Zone Change.

FACT: The existing Desert Horizons Clubhouse and Tennis-Pickleball facilities are located within the Golf Course Overlay, which allows golf and other recreational uses, including swimming pools, tennis courts, and similar facilities. The proposed ZTA is internally consistent with the General Plan as it would not result in additional uses currently not permitted within the affected golf and recreation overlay.

2. The proposed Zone Change is consistent with the intent and objectives of the Zoning Code.

FACT: The ZTA would result in amending the existing development standards in Section 21.14.20 of the Zoning Code. The resulting Zone Change by its very nature is intended to ensure the proposed renovations and additions to Desert Horizons existing clubhouse and tennis-pickleball facilities are consistent with the applicable development standards.

3. The proposed Zone Change is consistent with the applicable area Master Development Plan or Specific Plan
FACT: The existing Desert Horizons Country Club has been Master Planned to include an 18-hole private golf course with clubhouse and tennis facilities. The ZTA would not allow any uses that are currently not permitted onsite. The Master Plan envisioned future expansion of the clubhouse. The ZTA would simply facilitate the clubhouse expansion and renovations to the existing tennis-pickleball facility.

4. The proposed Zone Change is in the best interest of the health, safety and welfare of the community.

FACT: The proposed improvements to the Desert Horizons clubhouse and recreational facilities would benefit the health, safety and welfare of the 81 community. The second story addition to the clubhouse would provide a new fitness center to the Desert Horizons community, with proposed renovations to the tennis-pickleball facility, along with a new resort pool area, all resulting in healthy lifestyle opportunities for the community.

5. Adequate sewer and water lines, utilities, sewage treatment capacity, drainage facilities, police protection, fire protection/emergency medical care, vehicular circulation and school facilities will be available to serve the area affected by the proposed Zone Change when development occurs.

FACT: Implementation of the project’s Conditions of Approval attached as Exhibit “A” and incorporated by reference, would ensure adequate capacity for the affected utilities, drainage facilities and services are available to serve the proposed improvements onsite. In addition, the parking study prepared for the project found that adequate parking is provided to serve the intended uses onsite.

Environmental Findings:

1. The Project will have no significant effect on the environment and is consistent with the provisions of the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code and CEQA Guidelines.

FACT: This Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), the State and local CEQA Guidelines, and the environmental regulations of the City. The City, as lead agency, has determined the proposed project qualifies as being Categorically Exempt from the CEQA pursuant to §15301(e)(2) which allows additions to existing structures provided the addition will not result in an increase of more than 10,000 sqft, and where the project area is currently served by all public services and utilities and not within an environmentally sensitive area.

SECTION 2. The City Council ADOPTS Resolution No. 2022-33 recommending that the City Council approve modification to Conditional Use Permit No. 2-78-1, and Zone Text Amendment 2022-01 in support of the second story addition and renovation to Desert Horizons clubhouse, including improvements to the tennis and pickleball facility and front entry subject to the Conditions of Approval listed on Exhibit “A”, attached hereto and by this reference incorporated herein.

SECTION 3. This Resolution shall take effect upon adoption.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall mail by first class, prepaid, United States mail, a certified copy of this Resolution to 82 Applicant class, prepaid, United States mail, a certified copy of this Resolution to the Applicant.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a special meeting held on this 8th day of June, 2022.

____________________________

DANA REED
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2022-33

I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a special meeting of the City Council of the City of Indian Wells on the 8TH day of June, 2022, by the following vote:

AYES:

NOES:

EXCUSED:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

83 EXHIBIT “A”

Conditions of Approval for

Modification to Conditional Use Permit (CUP) No. 2-78-1, Zone Text Amendment 2022-01

June 8, 2022

GENERAL:

1. The Applicant shall defend, indemnify, and hold harmless the City of Indian Wells and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Indian Wells, its officers, employees, or agents to attack (including any judicial proceedings or an referendum), set aside, void, or annul any approval or condition of approval of the City of Indian Wells concerning this project, including but not limited to, any alleged act or failure to act related to the California Environmental Quality Act (“CEQA”), any approval or condition of approval by the Planning Commission or City Council. The City shall promptly notify the Applicant of any such claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. Applicant shall defend, with counsel mutually chosen by City and Applicant Applicant's own cost, expense and risk, any and all such aforesaid suits, actions or other proceedings of every kind that may be brought or instituted against City, its officials, officers, employees and agents. Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees or agents in any such suits, actions or other proceedings. Applicant shall also reimburse City for the cost of any settlement paid by City arising out of any such claims, demands, causes of action, costs, expenses, liabilities, loses, damages, injuries, suits, actions, or other proceedings. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Applicant shall reimburse City, its officials, officers, employees and agents for any and all legal expenses and costs, including expert witness fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Applicant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees or agents. In all cases, the City reserves the right, at its own option and cost, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter.

2. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force. 84 3. The Project shall be developed in accordance with the approved plans, and failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the City Council. However, the Community Development Director or designee shall have the authority to approve minor deviations in the conditions of approval, and all plans including the construction drawings, if deemed necessary by both the Applicant and the City to implement the Project as approved.

4. All plans shall be coordinated for consistency.

5. The Applicant shall pay development impact fees at the established rates. Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fees, TUMF fee, local CVMSHCP development impact fee, building permit and plan check fees.

6. This approval of modification to CUP No. 2-78-1 shall be used within one (1) year after final approval or it shall become null and void unless the time limit is extended by the City Council per Municipal Code Section 21.06.040(e). The phrase “be used” above for the proposed Project shall mean the application and approval of all applicable building permits. In addition, this approval of the CUP modification shall become null and void if any such building permit no longer remains in effect due to its lapse, if such occurs following the foregoing on year permit.

7. Approval of this application shall not waive compliance with all applicable sections of the Indian Wells Municipal Code, all other applicable City ordinances, and applicable specific plans.

8. Construction shall occur between the hours of 7:00 am and 5:00 pm, Monday through Friday, 8:00 am and 5:00 pm, Saturday and no construction on Sunday or national holidays per Municipal Code Section 9.06.047. The Community Development Director may grant a temporary waiver from these hours in limited circumstances where special need is demonstrated. Any such waiver request shall be made by the Applicant in advance.

9. Approval of a sign permit shall be required prior to the installation of building wall or floating monument signs.

10. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction drawings. This condition shall 85 be a minimum requirement for acceptance of construction drawings for the Building Division plan check review.

11. Within fifteen (15) days of final approval by the City Council, the Applicant shall submit in writing a statement indicating that the Applicant has read and agrees to the conditions imposed herein. Approvals of land use and related applications hereunder shall become void, and any privilege, permit, or other authorization granted shall be deemed to have terminated, if compliance with this condition has not been completed within the specified time limits.

SITE IMPROVEMENTS/ARCHITECTURE:

12. The Development shall conform to all the applicable development standards identified in Section 21.14.020(a) of the Indian Wells Zoning Code as appropriate and shall otherwise conform to the standards of the underlying zoning district when not specifically addressed in this Section.

13. A precise wall plan indicating the design, location and construction details of all new walls and fences shall be submitted to the Community Development Director for review and approval by the Planning and Building Departments. All perimeter and street-facing walls, including retaining walls, shall be decorative in nature and in substantial conformance to the approved conceptual landscape plans attached to the Project Staff Report.

14. Any roof mounted equipment including but not limited to heating, venting, cooling and radio/antenna shall be fully concealed from grade elevation view by architecturally integrated means subject to review and approval by the Community Development Director, or designee.

LANDSCAPING:

15. The irrigation system shall include provisions for design features that conserve water, such as controlled irrigation systems, which employ drip irrigation, soil moisture sensors, and automatic systems that minimize runoff and evaporation, supplemental hand watering, and the use of mulch on top of soil to improve water-holding capacity as approved by the Community Development Director.

16. Detailed landscaping and irrigation plans shall be submitted for approval by the Community Development Director and the Coachella Valley Water District. The plans shall be certified by a landscape architect and shall provide permanent, automatic irrigation systems, which shall be installed on all landscaped areas 86 requiring irrigation and be in full compliance with the adopted Landscape Guidelines and Design Specifications. Final landscape, hardscape and lighting plans shall be subject to approval by the Community Development Director and Public Works Director or designees prior to installation of those improvements.

17. Above ground-mounted utility locations shall require approval by the Community Development Director. All detector check and backflow assemblies shall be located in planting areas.

18. The detector check/backflow devices shall be painted a neutral/earth tone color and any pipes extending above ground shall be finished and painted to match the device.

19. All ground-mounted utility appurtenances shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming and/or landscaping to the satisfaction of the Community Development Director.

20. All plant materials within landscaped areas, including areas within the Public Right-of-Way shall be maintained in a viable growth condition throughout the life of this project.

21. Landscaping shall be located so as not to interfere with sight distance from driveways and public right of ways.

22. All landscaping and irrigation shall be installed in accordance with plans on file with the Community Development Department, and irrigation systems fully operational. Furthermore, all landscaped areas shall be free of trash and debris.

23. The Applicant shall retain the project landscape architect to conduct a final field inspection and prepare a certificate of substantial completion, which shall be filed with the Community Development Director prior to certificate of occupancy. The certificate of completion shall specifically indicate that all plant material was installed as specified by the landscape design plan, that the irrigation system was installed as designed, and that the irrigation system is fully operational. The certificate shall also include a list of any identified installation deficiencies, or changes subject to review and approval by the Community Development Director or designee.

LIGHTING:

24. Prior to the issuance of building permits, the Applicant shall submit to the Community Development Director for approval, a detailed on-site lighting plan indicating the style, illumination, height and method of shielding for all 87 permanent light fixtures proposed for the Project. The plan shall include a photometric diagram depicting illumination levels.

25. Project lighting shall, in general, be as subdued as possible, avoiding excessive light spillage outside the property boundary. Outdoor lighting shall be shielded sufficiently to not adversely impact surrounding uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash or oscillate.

26. Landscape lighting shall be indirect; non-glare lights, positioned to light tree canopies, paths and walkways, or walls, as appropriate, and avoid light spillage outside of the Project area. Up-lights in turf areas shall be in light wells only.

Up lights in planters must have j-boxes below grade (or screened as approved by the Community Development Department), light fixtures must be screened with landscaping, etc.

27. All exterior lighting fixtures shall be installed in accordance with plans on file with the Community Development Department, and shall be fully operational prior to occupancy.

28. All building-mounted light fixtures within common areas shall be decorative in nature and architecturally compatible with the building. Building-mounted light fixtures shall be reviewed and approved by the Community Development Director, or designee prior to installation.

PUBLIC WORKS/ENGINEERING:

29. A Precise Grading Permit shall be obtained prior to commencement of any improvement work. All work shall be inspected by the City. All appropriate fees for review of plans, issuance of a Precise Grading Permit, and inspection shall be submitted to the City. A Record (as-built) Precise Grading Plan shall be submitted to the City for review and approval prior to final acceptance of improvements.

30. Prior to issuance of a Precise Grading Permit, the Applicant shall submit and obtain approval of all the following:

A. Precise Grading Plan that shall be prepared by a qualified Engineer, and shall conform to the recommendations contained in a Preliminary Geotechnical Report(s).

B. Fugitive Dust Control Application and Plan.

C. Refundable dust deposit in the amount of $2,000 per acre.

88 31. Prior to grading permit issuance, the Applicant shall file for a National Pollutant Discharge Elimination System (NPDES) permit with the California State Water Resources Control Board and abide by the conditions of the permit as issued.

A copy of the NOI, Storm Water Pollution Prevention Plan (SWPPP), and Monitoring Plan shall be submitted to the Public Works Department a minimum of thirty (30) days prior to commencing grading operations.

32. Prior to construction on the site, a six foot (6’) temporary chain-link fence shall be erected on any portion of the property that is exposed to public access and connected to any block walls surrounding the property. This will deter theft of and vandalism to construction materials and equipment on the property during construction. All construction fencing shall have a screen mesh so as to conceal construction activity from public view.

33. Landscaping plans for trees, shrubs, walls, fences or other structures at or near intersections must conform to Indian Wells Municipal Code sight distance standards and Public Works public street standards for areas accessing public right-of-ways. Plans for improvements that may impact sight distance must be submitted to and approved by the City Engineer prior to the issuance of building permits or implementation of landscape improvements.

34. Where proposed, off-site improvements, including but not limited to streets, slopes, improvements, public utilities and drainage facilities, are to be constructed by the Applicant at his own expense.

35. All existing public improvements intended to be protected in place, including but not limited to monumentation, curb, sidewalk, and traffic signal appurtenances, shall be shown and labeled on the improvement plans as “protect in place”. Any said existing improvements damaged or destroyed as a result of this Project shall be repaired or replaced as directed by the City’s representative.

36. All existing regulatory, warning, and guide signs disturbed by this Project shall be replaced with new signs as directed by the City’s representative.

FIRE DEPARTMENT:

37. The project will have a cumulative impact on the Fire Department’s ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project proponents/developers will be expected to provide for proportional mitigation to these impacts via capital improvements and/or impact fees.

89 38. Fire Department emergency vehicle apparatus access road location and design shall be in accordance with the current California Fire Code, City of Indian Wells municipal code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Per the current Municipal Code and CFC, it will be necessary to have a 24 feet wide fire apparatus access road shall extend within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

39. Fire Department water systems(s) for fire protection shall be in accordance with the current California Fire Code, City of Indian Wells, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. Per the current Municipal Code and CFC, fire hydrant(s) shall be located within 500 feet or less.

40. The Applicant shall install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3,000 square foot total cumulative floor area. The Applicant shall obtain Fire Marshal approval of the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25' from the building and within 50' of an approved hydrant.

41. All valves controlling the water supply for automatic sprinkler systems and Water -flow switches shall be monitored and alarmed per CBC Chapter 9.

42. The Applicant shall install a fire alarm system as required by the NFPA 72.

43. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction.

44. All elevators shall be minimum gurney size.

45. Conditions are subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months.

RECYCLING:

46. The Applicant shall comply with the provisions of the City of Indian Wells' Construction & Demolition Debris Management Plan and the Indian Wells Municipal Code Chapter 16.75.

47. Approval of the Construction & Demolition Debris Management Plan by the City is required before issuing a demolition and building permit and beginning of demolition and on-site mobilization work.
90 48. Any recyclable materials shall be removed from the premises by a licensed contractor as an incidental part of a total construction, remodeling or demolition services offered by that contractor who will certify in writing that accepted construction and demolition debris will be diverted from that accepted construction and demolition debris will be diverted from landfill, not dumped illegally or dumped at sea.

49. Any reusable materials removed from site by a not for profit organization shall certify in writing that the accepted construction and demolition debris will be diverted from landfill, not dumped illegally, or dumped at sea.

50. The Applicant shall develop a plan for diverting a minimum of fifty percent (50%) of construction and demolition debris from landfill and how it will be diverted from landfills.

51. The Applicant shall furnish copies of the Construction & Demolition Debris Management Plan to all on-site supervisors, each subcontractor, the Owner and the Architect.

52. The Applicant shall minimize the creation of construction and demolition waste on the job site.

53. The Applicant shall reuse, salvage or recycle as much of the inevitable waste that is generated from the construction or demolition as is feasible.

54. Within ten (10) calendar days after receipt of Notice of Award of Bid, or prior to any waste removal, whichever occurs sooner, the contractor shall submit to the Owner and Architect, a City of Indian Wells Construction and Demolition Debris Management Plan.

55. The contractor shall provide copies of the Indian Wells Construction & Demolition Debris Management Plan to the job site foreman, each subcontractor, the Owner and the Architect.

56. Hazardous wastes shall be separated, stored and disposed of according to local regulations

57. The contractor shall conduct Construction Waste Management meetings.

Meetings shall include subcontractors affected by the Waste Reduction and Recycling Plan. At a minimum, waste management goals and issues shall be discussed at the following meetings:
 Pre-bid meetings.
 Pre-construction meeting.
91  Regularly scheduled job-site meetings.

CONSERVATION:

58. The Applicant shall use, to the extent practicable, native and water efficient landscaping. The installation of water conservation devices in development and irrigation systems shall be explored and used to the extent appropriate and reasonably feasible.

59. If rooftop telecommunication arrays are proposed, they shall be screened from view or incorporated into building facade.

60. The Applicant shall consider sustainable site and building design techniques, which may include, but are not limited to, the following:
 On-site generation of renewable energy through the use of solar power.
 On-site generation of renewable energy through photovoltaic techniques and usage of photovoltaic cells.
 Use of natural, plentiful or renewable materials in building construction.
 Low or non-toxic materials shall be utilized with minimal VOC- producing compounds.
 Use of materials, components and systems that help reduce energy consumption to buildings and facilities.
 Where possible, design buildings that exceed California's Title 24 energy efficiency standards by at least fifteen percent (15%).  A weather based satellite irrigation system.
 Strategic orientation and configuration of buildings and shading elements to passively heat and cool spaces.
 Designated carpool parking areas.
 Use of energy-efficient and automated controls for air-conditioning units and lighting to reduce electricity consumption and associated emissions.

61. The Project shall include provisions for design features that conserve water including low-flush toilets, low-flow faucets, and inclusion of water conserving irrigation practices.

92 62. The Applicant shall incorporate energy conservation measures into building design in accordance with energy conservation requirements imposed by the California Energy Commission and Title 24 of the California Administrative Code. Architectural and landscape design plans shall promote, to the maximum extent feasible, design strategies to maximize shading and natural cooling.

93 UTILITIES:

63. The conduit system for any electrical service, with associated concrete manholes and vaults, shall be installed underground in accordance with utility company requirements and those that may be imposed by the City.

64. Utility transformers and other appurtenances shall be placed according to the requirements of the applicable utility purveyor.

65. Unless otherwise approved by the City and/or specified by the Southern California Edison Company, the Applicant shall be financially responsible for the design and construction of all on-site infrastructure improvements for power transmission lines necessary to serve the project. The Applicant shall dedicate and record any right-of-way and maintenance easements, as may be required by the Southern California Edison Company, for the purpose of constructing and maintaining electrical system improvements.

COACHELLA VALLEY WATER DISTRICT (CVWD):

66. As required by CVWD, prior to the issuance of building permit approval, the Applicant shall prepare detailed water system improvement plans for the project that shall be submitted and approved by CVWD. Improvements identified in the plans shall be installed by the Applicant and be in place prior to occupancy and permit issuance.

67. The Applicant shall pay all fees required by CVWD.

68. Prior to the issuance of building permits, the Applicant shall obtain approval from the Coachella Valley Water District indicating that adequate sewer capacity exists to service site development. The Coachella Valley Water District’s approval of signed sewer plans for the Project shall suffice as such approval.

69. All water system improvements shall be closely coordinated with, and shall be subject to review and final approval by the Coachella Valley Water District.

70. The Applicant in accordance with current district regulations shall incur fees for domestic water and sanitation service in accordance with current district regulations.

SOUTHERN CALIFORNIA EDISON (SCE):

71. The Applicant shall contact SCE to discuss energy conserving measures including day lighting, thermal storage and passive solar applications. The 94 Applicant shall provide the Community Development Director with a letter from SCE confirming that this discussion has occurred and listing any recommended measures. The Community Development Director shall evaluate the letter and determine the appropriate level of implementation prior to issuance of building occupancy permits.

72. Extension and related improvements to the natural gas system shall be installed as development occurs.

SOUTHERN CALIFORNIA GAS COMPANY:

73. The Applicant shall contact the Southern California Gas Company to discuss the most effective applications of energy conservation techniques for this Project.

The Applicant shall provide the Community Development Director with a letter from SCG confirming that this discussion has occurred and listing any recommended techniques. The Community Development Director shall evaluate the letter and determine the appropriate level of implementation prior to issuance of building occupancy permits.

74. Relocation of facilities on the project site (if any), which facilities exist by right of easement or otherwise, the Owner/Applicant will provide Southern California Gas or other agency with suitable replacement rights. Any costs and replacement rights are required prior to the performance of the relocation.

BUILDING AND SAFETY:

75. A pre-construction meeting, scheduled with the Building Division, shall be held with all applicable City staff members, Applicant, contractor, superintendent, and all subcontractors prior to start of construction.

76. Prior to the issuance of a building permit for construction, the Applicant shall first obtain and present to the Building Department permits and/or clearances from the following agencies/individuals:

 City Fire Marshal
 City Public Works Director
 Community Development Director
 CVWD

77. Seismic design consideration shall be in accordance with the provisions of the current California Building Code and the seismic design parameters of the Structural Engineers Association of California.

95 78. Building construction will be designed in accordance with the energy conservation requirements imposed by the California Energy Commission and Title 24 of the California Administrative Code.

79. The Project shall comply with all applicable provisions of the Americans with Disabilities Act (ADA).

80. The Project is to be built according to Building and Safety Standards and comply with any applicable City of Indian Wells Municipal Code Regulation.

81. The Project site shall be clean and free of trash and construction debris, and all construction equipment shall be removed from the site prior to issuance of a certificate of occupancy.

ENVIRONMENTAL:

82. Pursuant to Public Resources Code Section 21089 and Fish and Game Code Section 711.4, the Applicant shall provide those fees marked [X] below in the form of a check made payable to the Riverside County Clerk within 5 days of City Council approval. Project approval shall not be complete until the required fee(s) is (are) paid:

[X] $ 50 - “Administrative Fee” to file the Notice of Exemption

END OF CONDITIONS

96 ORDINANCE NO. 744

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF INDIAN WELLS, CALIFORNIA, AMENDING
SUBSECTION 21.14.020(a) OF THE INDIAN WELLS
ZONING CODE, REGARDING PLANNING AREA 2
(DESERT HORIZONS/COOK STEET AREA); AND

FINDING THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells, California (the “City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and
WHEREAS, California Government Code section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, the City has the authority under Article 11, Section 5 of the California Constitution and the City Charter to make, amend, and enforce all ordinances and regulations with respect to municipal affairs; and
WHEREAS, the City desires and intends to amend Section 21.14.020 to further govern the development standards for Planning Area 2 (Desert Horizons/Cook Street Area) for the purposes of increasing the allowable height of the Desert Horizons Clubhouse to two stories and further defining allowable heights and setbacks from adjoining properties related to ancillary structures and tennis/pickleball facilities; and WHEREAS, notice of a public hearing of the City Council of the City of Indian Wells to consider this Ordinance was given in accordance with applicable law; and WHEREAS, on June 8, 2022, a public hearing on this Ordinance was held by the City Council; and
WHEREAS, after careful consideration of the staff report and all the information, evidence, and testimony presented at its public hearing, the City Council finds that this Ordinance is consistent with General Plan goals and policies pertaining to land development, city image, orderly growth, and economic development.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA DOES ORDAIN AS FOLLOWS:

SECTION 1. The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(e)(2) which allows additions to existing structures provided the addition will not result in an increase of more than 10,000 sqft, and where the project ATTACHMENT #2
97 area is currently served by all public services and utilities and not located within an environmentally sensitive area. The City Clerk shall file a notice of exemption within five business days after adoption.

SECTION 3. Code Amendments and Additions. The Indian Wells Zoning Code is hereby amended as set forth in Attachment “A” hereto and incorporated herein by reference.

SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 44950 Eldorado Drive, Indian Wells, CA 92210. The custodian of these records is the City Clerk.

SECTION 5. Severability. If any section, sentence, clause, or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance takes effect 30 days following its adoption.

SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Indian Wells.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 8th day of June, 2022.

______________________________

DANA REED
MAYOR

98 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.

CITY OF INDIAN WELLS )

CERTIFICATION FOR ORDINANCE NO. 744

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 744, the reading in full thereof unanimously waived, was duly passed and adopted at a regular meeting of the City Council held on the 8th day of June, 2022, and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

and was thereafter on said day signed by the Mayor of the City of Indian Wells.

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

99 ATTACHMENT “A”

ZONING CODE AMENDMENTS

***

Section 21.14.020 is hereby amended to read in its entirety as follows:

21.14.020 Planning Area 2 (Desert Horizons/Cook Street Area) This predominantly residential area is divided into three subareas, as shown on the map following this Section.

The southernmost portion of this planning area is within the Planning Area 12, and is subject to the requirements of Section 21.45.
(a) Subarea 2.1. This subarea has been developed in accordance with the Desert Horizons Master Plan and implemented by a conditional use approval CUP No. 2-78-1.

The development is in accordance with the Very Low Density standards. The subarea has an active homeowners’ association and is overlaid by the Golf Course Overlay Zone, which governs uses within the golf course area.

The following minimum regulations apply to development other than custom single- family units in this subarea:
(1) Setbacks.

Front Yard: 20 feet Rear Yard: 10 feet Side Yards Adjacent to Residential Lot
One side: 5 feet
Other side: 11 feet
Side Yards Adjacent to Common Areas
One side: 5 feet
Other side: 11 feet
100

(2) Projections.
(i) Eaves, cornices, overhangs, canopies, wing walls, fireplaces, structural appendages, and the like, which do not provide additional floor space Front Yard: 2.5 feet
Rear Yard: 2.5 feet
Adjacent to Residential Lot
One side: 2.5 feet
Other side: 3 feet*
Adjacent to Common Areas
One side: N/A
Other side: N/A
(ii) Attached patio roofs and similar structures having open, unwalled sides Front Yard: N/A
Rear Yard: N/A
Adjacent to Residential Lot
one side: N/A
other side 3 feet*
Adjacent to Common Areas
one side: to property line**
other side to property line**

(iii) Pools***
101

Front Yard: N/A
Rear Yard: 3 feet

Adjacent to Residential Lot
one side: 3 feet
other side: 5 feet
Adjacent to Common Areas
one side: N/A
other side: N/A
* 2.5 foot projections into required setback area with HOA and City DRC approval. For projections or attached patio roofs in 11 foot side yard, HOA approval and City DRC approval (patio structures not to project higher than existing structure).
** No projections permitted across property lines.
*** Distances are from property line only. Location of pool within 3 feet of property line requires HOA approval.

The following minimum regulations apply to Clubhouse and associated Lounge Building:
(1) Building Setbacks
Front: 20 feet

Interior Side: N/A

Street Side: 20 feet

Rear 10 feet
(2) Projections – Horizontal

(i) Covered outdoor walkways, vehicular porte cochere, eaves, cornices, overhangs, canopies, wing walls, fireplaces, structural appendages, and the like, which do not provide additional floor space
102

Front Yard: 10 feet
Rear Yard: 5 feet

Adjacent to Residential Lot
One side: 5 feet
Other side: 5 feet

Adjacent to Common Areas
One side: 0 feet
Other side: 0 feet
(3) Clubhouse Maximum Building Height Restrictions (above main level pad elevation; building areas below main level not considered stories) Building Stories: 2
Roof Height: 31 feet
Vertical Architectural Projections: 32 feet
Mechanical Equipment Screens: 32 feet

(4) Lounge Maximum Building Height Restrictions
Roof Height: 15 feet

The following minimum regulations apply to non-golf recreational facilities owned and operated by the homeowners’ association or community association for the use of its residents:
103

(1) Recreational uses allowed: tennis courts, pickleball courts, basketball hoops, similar outdoor court uses, and pools (includes fencing and lighting associated with these facilities).
(2) Setbacks
Adjacent to Desert Horizons Drive: 0 feet
Adjacent to residential property lines: 3 feet
Adjacent to golf use: 0 feet
(3) Maximum Height Restrictions (measured from court or pool deck surface) Court fencing: 12 feet
Court light poles: 21 feet
Pool fencing: 6 feet
Pool light poles: 14 feet

(4) Front Gatehouse Maximum Building Height Restrictions Roof Height: 19 feet
Architectural Projections: 24 feet

(b) Subarea 2.2. This multiple ownership area is zoned Very Low Density and Public Parks/Recreation. The setback regulations of Subarea 2.1, Stated above, apply to this subarea as well.
(c) Subarea 2.3. This small subarea includes a 46-room boutique hotel and a restaurant. The subarea is zoned Community Commercial.
104

PLANNING AREA 2 (DESERT HORIZONS/COOK STREET AREA) – MAP

PLANNING AREA 2 (DESERT HORIZONS/COOK STREET AREA) – CHART

ZONE GROSS

ACREAGE

MAXIMUM
DUs

MAXIMUM

DENSITY

AVERAGE

DENSITY
NOTES

(NPR)
RESIDENTIAL:

Natural Preserve Very
Low Density Low Density
Medium Density
Medium High Density

Subtotal

0.0 0.0

1/40

(RVLD) 423.5 926.0 3.0 [1][2]
(RLD) 0.0 0.0 4.5
(RMD) 0.0 0.0 7.0
(RMHD) 0.0 0.0 12.0
423.5 926.0 2.2

(CC)
COMMERCIAL:

Community Commercial

2.8 n.a.

n.a.

(RC) 0.0 n.a. n.a.
105

(OP) Resort Commercial
Professional Office
Subtotal

1.6 n.a. n.a.

4.4 n.a. n.a. n.a. [3]

(PF)
PUBLIC USE:

Public Facilities
Public Parks/Recreation
Highway 111
Subtotal

0.0 n.a.

n.a.

(PP) 1.5 n.a. n.a.
(PA 12) 6.1

7.6 n.a. n.a. n.a.

(COS)
OPEN SPACE:

Country Club Open Space
Watercourse
Public Owned Open Space
Subtotal

0.0 n.a.

n.a.

(WC) 10.6 n.a. n.a.
(POS) 0.0 n.a. n.a.

10.6 n.a. n.a. n.a.

PLANNING AREA TOTAL 446.1 926.0 2.1
OVERLAY ZONES:
(GOLF) Golf Course 115.0 n.a. n.a.
(AHO) Affordable Housing 0.0 n.a. n.a.
(SHO) Senior Housing 0.0 n.a. n.a.
(SSAO) Special Study Area 0.0 n.a. n.a.
106

NOTES: [1] The number of units currently approved within this designation is 460 units. [2] Approximately 115 acres of this base zone are designated for golf course usage by the Golf Course Overlay Zone. Thus, the acreage subject to actual development in accordance with the base zone designation is the base zone acreage minus the golf course overlay zone acreage. [3] This area is improved with a restaurant and a 46-room boutique hotel. 107

LEGEND: Red Font = New Text | Black Font = Existing Text | Strikeout Font = Deleted Text

21.14.020 Planning Area 2 (Desert Horizons/Cook Street Area) This predominantly residential area is divided into three subareas, as shown on the map following this Section.

The southernmost portion of this planning area is within the Planning Area 12, and is subject to the requirements of Section 21.45.
(a) Subarea 2.1. This subarea has been developed in accordance with the Desert Horizons Master Plan and implemented by a conditional use approval CUP No. 2-78-1.

The development is in accordance with the Very Low Density standards. The subarea has an active homeowners’ association and is overlaid by the Golf Course Overlay Zone, which governs uses within the golf course area.

The following minimum regulations apply to development other than custom single- family units in this subarea:
(1) Setbacks.

Front Yard: 20 feet
Rear Yard: 10 feet Side Yards Adjacent to Residential Lot
One side: 5 feet
Other side: 11 feet
Side Yards Adjacent to Common Areas
One side: 5 feet
Other side: 11 feet
(2) Projections.
(i) Eaves, cornices, overhangs, canopies, wing walls, fireplaces, structural appendages, and the like, which do not provide additional floor space Front Yard: 2.5 feet
Rear Yard: 2.5 feet
ATTACHMENT #3
108

LEGEND: Red Font = New Text | Black Font = Existing Text | Strikeout Font = Deleted Text Adjacent to Residential Lot
One side: 2.5 feet
Other side: 3 feet*
Adjacent to Common Areas
One side: N/A
Other side: N/A
(ii) Attached patio roofs and similar structures having open, unwalled sides Front Yard: N/A
Rear Yard: N/A
Adjacent to Residential Lot
one side: N/A
other side 3 feet*
Adjacent to Common Areas
one side: to property line**
other side to property line**

(iii) Pools***
Front Yard: N/A
Rear Yard: 3 feet

Adjacent to Residential Lot
one side: 3 feet
other side: 5 feet
109

LEGEND: Red Font = New Text | Black Font = Existing Text | Strikeout Font = Deleted Text Adjacent to Common Areas
one side: N/A
other side: N/A
* 2.5 foot projections into required setback area with HOA and City ALC DRC approval. For projections or attached patio roofs in 11 foot side yard, HOA approval and City ALC DRC approval (patio structures not to project higher than existing structure). ** No projections permitted across property lines.
*** Distances are from property line only. Location of pool within 3 feet of property line requires HOA approval.

The following minimum regulations apply to Clubhouse and associated Lounge Building:
(1) Building Setbacks
Front: 20 feet

Interior Side: N/A

Street Side: 20 feet

Rear: 10 feet
(2) Projections – Horizontal

(i) Covered outdoor walkways, vehicular porte cochere, eaves, cornices, overhangs, canopies, wing walls, fireplaces, structural appendages, and the like, which do not provide additional floor space
Front Yard: 10 feet
Rear Yard: 5 feet

Adjacent to Residential Lot
One side: 5 feet
Other side: 5 feet

110

LEGEND: Red Font = New Text | Black Font = Existing Text | Strikeout Font = Deleted Text Adjacent to Common Areas
One side: 0 feet
Other side: 0 feet
(3) Clubhouse Maximum Building Height Restrictions (above main level pad elevation; building areas below main level not considered stories) Building Stories: 2
Roof Height: 31 feet
Vertical Architectural Projections: 32 feet
Mechanical Equipment Screens: 32 feet

(4) Lounge Maximum Building Height Restrictions
Roof Height: 15 feet

The following minimum regulations apply to non-golf recreational facilities owned and operated by the homeowners’ association or community association for the use of its residents:
(1) Recreational uses allowed: tennis courts, pickleball courts, basketball hoops, similar outdoor court uses, and pools (includes fencing and lighting associated with these facilities).
(2) Setbacks
Adjacent to Desert Horizons Drive: 0 feet
Adjacent to residential property lines: 3 feet
Adjacent to golf use: 0 feet
(3) Maximum Height Restrictions (measured from court or pool deck surface) Court fencing: 12 feet
Court light poles: 21 feet
Pool fencing: 6 feet
Pool light poles: 14 feet

111

LEGEND: Red Font = New Text | Black Font = Existing Text | Strikeout Font = Deleted Text (4) Front Gatehouse Maximum Building Height Restrictions Roof Height: 19 feet
Architectural Projections: 24 feet

(b) Subarea 2.2. This multiple ownership area is zoned Very Low Density and Public Parks/Recreation. The setback regulations of Subarea 2.1, Stated above, apply to this subarea as well.
(c) Subarea 2.3. This small subarea includes a 46-room boutique hotel and a restaurant. The subarea is zoned Community Commercial.

PLANNING AREA 2 (DESERT HORIZONS/COOK STREET AREA) – MAP

112

LEGEND: Red Font = New Text | Black Font = Existing Text | Strikeout Font = Deleted Text PLANNING AREA 2 (DESERT HORIZONS/COOK STREET AREA) – CHART

ZONE GROSS

ACREAGE

MAXIMUM
DUs

MAXIMUM

DENSITY

AVERAGE

DENSITY
NOTES

(NPR)
RESIDENTIAL:

Natural Preserve Very
Low Density Low Density
Medium Density
Medium High Density

Subtotal

0.0 0.0

1/40

(RVLD) 423.5 926.0 3.0 [1][2]
(RLD) 0.0 0.0 4.5
(RMD) 0.0 0.0 7.0
(RMHD) 0.0 0.0 12.0
423.5 926.0 2.2

(CC)
COMMERCIAL:

Community Commercial
Resort Commercial
Professional Office
Subtotal

2.8 n.a.

n.a.

(RC) 0.0 n.a. n.a.
(OP) 1.6 n.a. n.a.

4.4 n.a. n.a. n.a. [3]

(PF)
PUBLIC USE:

Public Facilities
Public Parks/Recreation
Highway 111
Subtotal

0.0 n.a.

n.a.

(PP) 1.5 n.a. n.a.
(PA 12) 6.1

7.6 n.a. n.a. n.a.

(COS)
OPEN SPACE:

Country Club Open Space
Watercourse
Public Owned Open Space
Subtotal

0.0 n.a.

n.a.

(WC) 10.6 n.a. n.a.
(POS) 0.0 n.a. n.a.

10.6 n.a. n.a. n.a.

PLANNING AREA TOTAL 446.1 926.0 2.1
OVERLAY ZONES:
(GOLF) Golf Course 115.0 n.a. n.a.
(AHO) Affordable Housing 0.0 n.a. n.a.
(SHO) Senior Housing 0.0 n.a. n.a.
(SSAO) Special Study Area 0.0 n.a. n.a.
113

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119

April 13, 2022
Mr. Jon Berg
Community Development Director
City of Indian Wells
44‐950 Eldorado Drive
Indian Wells, CA 92210
SUBJECT: DESERT HORIZONS COUNTRY CLUB PARKING DEMAND
Dear Mr. Jon Berg:

The purpose of this letter is to examine the number of parking stalls which would be appropriate to serve the Desert Horizons Country Club with proposed improvements.  The Desert Horizons Country Club is a private, members‐only facility serving 510 nearby homes and providing 18 holes of golf.   Parking provided at the clubhouse consists of 118 stalls, of which 5 are ADA accessible.  Members gain access to the facility using golf carts, walking and bicycling in addition to automobiles.  Parking demands in excess of supply are extremely rare or nonexistent.

The intent of the current Project is to add a 2nd floor, move/improve the existing fitness center from a lower level to the new 2nd floor, and modify the configuration of the existing tennis facility.  Major façade modifications will change the architectural appearance to desert modern character and provide upgrades to the existing gatehouse (at Highway 111 entrance), water features, and landscaping.  A new resort pool will be located to the west of the clubhouse (within present location of the middle lake).

Exhibit 1 shows the existing setting of the Desert Horizons Country Club.  Table 1 presents the existing and proposed Project uses.  As  shown in Table 1, the Project with a second floor will consist of 34,903 square feet (sf) of gross floor area for parking evaluation purposes (not including the existing basement).

It is anticipated that 30 employees would be present on‐site during peak periods.

RELEVANT CITY CODES
A private clubhouse is a land use type not specifically addressed in current City of Indian Wells parking codes.  For land use types where parking requirements are not specified, the  City of Indian Wells code indicates that “Parking Requirements for Uses Not Specified. Parking requirements shall be determined by the Community Development Director based upon a parking study paid for by the applicant.  (Title 21 ZONING CODE, Chapter 21.100 PARKING STANDARD DESIGN REQUIREMENTS AND REVIEW PROCEDURES)”.

Two land use scenarios have been reviewed in terms of City of Indian Wells parking code requirements.

Option 1 focuses on the golf course land use, while Option 2 focuses on the club land use type.  It  is important to note that for each of these options, public access is assumed.   Table 2 presents the estimated parking requirements for each of these land use options.

ATTACHMENT 9 - Parking Study
120

121

Basement2
‐ Existing Use: Grill Rm./Snack Bar/Fitness Rm.
‐ Proposed Use: Grill Rm./Snack Bar/Utility Rm./Bar/Break Rm./Arcade Entry Level
‐ Existing Use: Lockers/Golf Pro Shop/Dining/Pantry/Bar ‐ Proposed Use: Lockers/Golf Pro Shop/Dining/Pantry/Bar/Card Rm.

Second Level
‐ Existing Use: N/A
‐ Proposed Use: Fitness Center
ENTRY LEVEL & SECOND LEVEL TOTAL 25.389 TSF 34.903 TSF 9.514 TSF Clubhouse Terraces
‐ Existing Use:
▪ Entry Level Area ‐ Patio
‐ Proposed Use:
▪ Entry Level Area ‐ Patio
▪ Second Level Area ‐ Terrace
Courts Complex
‐ Existing Use: Paved Area/Seating, Toilets/Office/Lounge ‐ Proposed Use: Paved Area/Seating, Toilets/Office/Lounge Pool + Deck
‐ Existing Use: Middle Lake
‐ Proposed Use: Pool Area, Spa Area, Deck Area, Future Toilets 1  TSF = Thousand Square Feet
2  Per 506.1.3 basements need not be included in the total allowable floor area of a building  provided the total area of such basements does not exceed the area permitted for a one‐story above grade plane building.  Basement area is shown for information purposes only and not utilized determining the number of parking spaces required.

F:\UXRjobs\_14600‐15000\14630\Excel\[14630‐02 Desert Horizons Parking.docx.xlsx]01_Revised TSF
TABLE 1: EXISTING AND PROPOSED PROJECT USES
Building Area
Quantity1
Existing Proposed Change
(Proposed ‐ Existing)

14.327 TSF 13.628 TSF ‐0.699
TSF

25.389 TSF 26.513 TSF 1.124 TSF
‐‐8.390 TSF 8.390 TSF
Outdoor Area Amenities
Quantity1
Existing Proposed Change
(Proposed ‐ Existing)
TSF

11.118

3.479 TSF 4.053 TSF 0.574

11.118 TSF 0 TSF

2.03 TSF 2.751 TSF 0.721
122

Mr. Jon Berg
Community Development Director
April 13, 2022

14630‐02 Desert Horizons Parking.docx
The City code requirements for golf courses and driving ranges consist of “six (6) spaces per hole and one (1) space per driving range tee in addition to the parking requirements for other on site uses”. “(Title 21 ZONING CODE, Chapter 21.100 PARKING STANDARD DESIGN REQUIREMENTS AND REVIEW PROCEDURES)”.  The Desert Horizons Country Club supports 18 holes of golf and a driving range with 7 tees.  The clubhouse consists of the typical golf course uses such as golf pro shop, restrooms, men’s and women’s locker rooms, and dining/lounge/bar areas.  The other on‐site use, not directly associated with the golf course, is an exercise room/fitness center consisting of 5,424 sf of gross floor area.  If  public access was available, 142 parking spaces would be required to serve the Project as golf course/fitness center, as shown on Table 2.

For Option 2, the City code requirements for clubs, museums, art galleries, libraries, and churches consist of “one (1) space per two (2) employees in addition to one (1) space per three‐hundred (300) square feet of gross floor area”. “(Title 21 ZONING CODE, Chapter 21.100 PARKING STANDARD DESIGN REQUIREMENTS AND REVIEW PROCEDURES)”.  As mentioned previously, the Desert Horizons Country Club will consist of 34,903 square feet of gross floor area (not including the existing basement), with 30 employees present on‐site during peak periods.  If public access was available, 131 parking spaces would be required to serve the Project as a club land use type, as shown on Table 2.

TABLE 2: CITY PARKING CODE REQUIREMENT FOR PROJECT OPTIONS WITH PUBLIC ACCESS

Land Use Quantity1 Parking Rate Code Parking Spaces
Option 1:
‐  Golf Course 18 Holes 6 SP/Hole 108
‐  Driving Range Tee 7 Tees 1 SP/Tee 7
‐  Exercise Room2 5.4 TSF 5 SP/TSF 27
Option 1 Required Parking Space     142
Option 2:
‐ Club 34.9 TSF 1 SP/300 SF (or 3.32 SP/TSF) 116
30 Emp 1 SP/2 Employees 15
Option 2 Required Parking Space     131
1 SP = Space; TSF = Thousand Square Feet
2 Since the City of Indian Wells does not have a parking rate for a fitness center, nearby jurisdictions (City of Palm Desert, La Quinta, Rancho Mirage, and Riverside County) parking rate has been utilized.

ITE PARKING GENERATION
For context purposes, parking demand rates from the Institute of Transportation Engineers (ITE) Parking Generation ‐ 5th Edition for athletic club (ITE Land Use Code: 493) and recreational community center (ITE Land Use Code 495) have been examined.

ITE describes the athletic club land use category as follows: “An athletic club is a privately‐owned facility that offers comprehensive athletic facilities. An athletic club typically has courts for racquet sports (e.g., tennis, racquetball, squash, handball); a basketball court; a sauna or spa; and fitness, exercise, and weightlifting rooms. They often provide a swimming pool or whirlpool. They often offer diverse, competitive team sport activities and social facilities. These facilities are membership clubs that may allow access to the general public for a fee.”

123

Mr. Jon Berg
Community Development Director
April 13, 2022

14630‐02 Desert Horizons Parking.docx
ITE describes the recreational community center land use category as follows: “A recreational community center is a stand‐alone public facility similar to and including YMCAs. These facilities often include classes and clubs for adults and children; a day care or nursery school; meeting rooms and other social facilities; swimming pools and whirlpools; saunas; tennis, racquetball, handball, basketball and volleyball courts; outdoor athletic fields/courts; exercise classes; weightlifting and gymnastics equipment; locker rooms; and a restaurant or snack bar. Public access is typically allowed and a membership fee may be charged.”
The purpose of the ITE Parking Generation Manual is to present data and information regarding the number of parking spaces provided (supply) as well as parking spaces utilized during peak periods (demand) for a variety of land use types.

The manual describes the composition of the database, presents parking demand information in data plots and tables, and explains the various statistics that are presented.

For the athletic club (ITE Land Use Code: 493) land use type, the average parking supply ratio for the observed study sites in a general urban/suburban setting and with parking supply information is 3.4 spaces per thousand square feet (tsf) of gross floor area.  Parking  demand per tsf ranges from 1.48 to

5.20, with an average peak parking demand of 3.05 spaces per tsf.

For the recreational community center (ITE Land Use Code 495) land use type, the average parking supply ratio for the observed study sites in a general urban/suburban setting and with parking supply information is 2.7 spaces per thousand square feet (tsf) of gross floor area.  Parking demand per tsf ranges from 1.40 to 4.77, with an average peak parking demand of 2.07 spaces per tsf.

As shown on Table 3, ITE parking generation for alternative clubhouse land use types range from 73 parking spaces to 107 parking spaces for the site with public access.

TABLE 3: ITE PARKING GENERATION FOR PROJECT OPTIONS WITH PUBLIC ACCESS

Land Use Quantity1 Parking Generation Rate Parking Spaces Alternative 1:
‐ Athletic Club (ITE Code 493) 34.9 TSF 3.05 SP/TSF 107 Alternative 2:
‐ Recreational Community Center (ITE Code 495) 34.9 TSF 2.07 SP/TSF 73 1 SP = Space; TSF = Thousand Square Feet
OTHER PROJECT EXAMPLES
Other country club developments near the Project which consist of private, members‐only facilities include the Avondale Golf Club and Ironwood Country Club.  The Avondale Golf Club serves 268 homes and provides 18 holes of golf.  Clubhouse amenities include men’s and women’s locker rooms, golf pro shop, restrooms, dining/lounge/bar, and a fitness center.   Parking provided at the Avondale clubhouse consists of 79 parking spaces.
124

Mr. Jon Berg
Community Development Director
April 13, 2022

14630‐02 Desert Horizons Parking.docx
The Ironwood Country Club serves 1,050 homes and provides 36 holes of golf.  Clubhouse  amenities include men’s and women’s locker rooms, golf pro shop, restrooms, dining/lounge/bar, a fitness center, and banquet hall.   Parking provided at the Ironwood Country Club consists of 162 parking spaces.

As shown in Table 3, the resulting parking rates for these two examples range from 2.26 to 3.24 spaces per thousand square feet of gross floor area.

TABLE 3: NEARBY PROJECT EXAMPLES

Country Club Qty Parking Spaces Parking Rate
Avondale Golf Club
75800 Avondale Dr. Palm Desert, CA 92211 35 TSF 79 2.26 SP/TSF Ironwood Country Club
73735 Irontree Dr. Palm Desert, CA 92260 50 TSF 162 3.24 SP/TSF 1 SP = Space; TSF = Thousand Square Feet

CONCLUSION
Proposed improvements for the Desert Horizons Country Club include the addition of a second floor, resulting in 34,903 sf of gross floor area for parking evaluation purposes.  Outdoor area amenities associated with the clubhouse building include a new resort pool west of the clubhouse (within present location of the middle lake).  The pool amenity is a typical ancillary use to clubhouse facilities, but in this case pool access will not be open to the public.  The expanded clubhouse is proposed to be served by 118 existing parking spaces, resulting in a parking supply rate of 3.38 spaces per thousand square feet (TSF).

Based upon this review of ITE parking generation, relevant City codes for Project Options with public access, and comparable existing country club examples, the parking requirements for clubhouse land uses range from 2.07 to 4.06 spaces per TSF.

With consideration of private, member‐only characteristics of the Project, the applicant proposal of 3.38 per TSF is appropriate.  The overall amount of 118 parking spaces will adequately serve this site plan.

If you have any questions regarding this parking demand letter, please contact John Kain at (949) 375‐ 2435 or Marlie Whiteman (714) 585‐0574.

Respectfully submitted,

URBAN CROSSROADS, INC.

John Kain, AICP           Marlie Whiteman, P.E.

Principal           Senior  Associate
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131

City of Indian Wells
6/8/2022
44-950 Eldorado Drive,
Indian Wells
File #:112-22 Item #:A.

Conference with Legal Counsel Regarding Anticipated-Litigation-Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). Two (2) or More Cases. Potential Cases.

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City of Indian Wells
6/8/2022
44-950 Eldorado Drive,
Indian Wells
File #:113-22 Item #:B.

Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1): Michael Ydigoras, et al vs., City of Indian Wells et al., Riverside County Superior Court, Case No.

CVPS2104790.

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City of Indian Wells
6/8/2022
44-950 Eldorado Drive,
Indian Wells
File #:114-22 Item #:C.

Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1): People of the State of California, et al v. Ed Yawitz et al., Case No. CVPS2101656.

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City of Indian Wells
6/8/2022
44-950 Eldorado Drive,
Indian Wells
File #:115-22 Item #:D.

Conference with Legal Counsel Regarding Existing Litigation, Pursuant to Government Code Section 54956.9(d)(1): Parsons v. City of Indian Wells et al, Riverside County Superior Court, Case No. PSC 2002777; Parsons v. City of Indian Wells, Riverside County Superior Court, Case No. PSC 1083120 City of Indian Wells Printed on 6/4/2022Page 1 of 1
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