Indian Wells City Council
November 28, 2022

SPECIAL CITY COUNCIL
Meeting Agenda
Monday, November 28, 2022
1:30 PM
City Hall Council Chamber
44950 Eldorado Drive, Indian Wells, CA 92210
Welcome to a meeting of the Indian Wells City Council.

Public Comments: Members of the Public who wish to speak should fill out a blue slip and submit it to the City Clerk, comments are limited to 3 minutes. In accordance with State Law, remarks during public comment are to be limited to subjects within the City's jurisdiction.

Notification: If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (ADA) please contact the City Clerk at 760-346-2489, 48 hours prior to the meeting.

Please turn off all communication devices (phones) or put them on non-audible mode (vibrate) during Council proceedings. All documents for public review are available for public inspection at City Hall reception, 44-950 Eldorado Drive, Indian Wells during normal business hours.

Pages

A. CONVENE THE INDIAN WELLS 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
B. APPROVAL OF THE FINAL AGENDA
C. PROCLAMATIONS AND PRESENTATIONS
C.1. Angel Force USA Presentation by Founder Anne Hyde Dunsmore D. PUBLIC COMMENTS
Members of the Public who wish to speak on a consent item listed on the special-agenda may do so at this time. Public comments are limited to three (3) minutes. Speakers will be alerted when their time is up and no further comments will be permitted. Because this is a special meeting, public comments will be taken only on an items listed on the agenda.

E.CITY MANAGER'S REPORTS
The City Manager or Department Heads may make brief
announcements, informal comments, or brief the Council on items of interest.

F.CITY ATTORNEY REPORTS AND COMMENTS
G. 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 request specific items be removed from the Consent Calendar for separate discussion and action.

Special Council Meeting Agenda November 28, 2022

G.1. Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid Meetings for All City Legislative Bodies, in Accordance with Assembly Bill 361
10 RECOMMENDED ACTION:

Council APPROVES remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZES City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

G.2. Termination of Prior DevelopmentAgreement (Miles Lodge)12 RECOMMENDED ACTION:

Council CONSIDERS and APPROVES the proposed Termination Agreement between the City and Miles Lodge LLC and 3x5 LLC; and AUTHORIZES the City Manager to execute the agreement on the City’s behalf; and
FINDS the action to be exempt from CEQA.

G.3. Affordable Housing Property Acquisition Funding Agreement (APN 633-360-002)
16 RECOMMENDED ACTION:

Council CONSIDERS and APPROVES the proposed Affordable
Housing Property Acquisition Funding Agreement; and
FINDS no further review is needed under CEQA.

G.4. Appointment of City Representative to Coachella Valley Mosquito and Vector Control Board
26 RECOMMENDED ACTION:

Council APPOINTS the Council Ad Hoc Committee recommendation Clive Weightman as the City’s representative to the Coachella Valley Mosquito and Vector Control Board for a two-year term beginning January 1, 2023.

Special Council Meeting Agenda November 28, 2022

G.5. Resolution Amending the Conflict-of-Interest Code of the City of Indian Wells Pursuant to the Political Reform Act of 1974 28 RECOMMENDED ACTION:

Council ADOPTS Resolution amending the Conflict-of-Interest Code by updating position titles and assigning disclosure category.

G.6. Update to Fiscal Year 2022-23 Employee’s Salary Range Schedule 44 RECOMMENDED ACTION:

Council APPROVES the update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013; and
DIRECTS staff to post the employee salary range schedule on the City’s website.

G.7. Annual Financial Report for the Fiscal Year Ending June 30, 2022 46 RECOMMENDED ACTION:

Council RECEIVES and FILES the City’s Annual Financial Report for the fiscal year ending June 30, 2022.

G.8. Accept the Indian Wells Golf Resort Sidewalk Improvements as Complete
49 RECOMMENDED ACTION:

Council APPROVES the Indian Wells Golf Resort Sidewalk
Improvement Project as completed in compliance with the project scope, budget, and schedule; and
DIRECTS Staff to certify the project completion with Riverside County.

Special Council Meeting Agenda November 28, 2022

G.9. Extension to Professional Services Agreement with DeNovo Planning Group for Comprehensive General Plan Update and CEQA
Documentation
51 RECOMMENDED ACTION:

Council AUTHORIZES and DIRECTS the City Manager to execute a one (1) year extension to the Professional Services Agreement (“PSA”) with DeNovo Planning Group for the preparation and development of the Comprehensive General Plan Update and required environmental documentation.

G.10. Modification No. 3 of Conditional Use Permit No. 2-94-2 to construct a replacement of a new spa and fitness center, pool area, and administrative offices at the Eldorado Country Club (APN: 623-070- 001, 623-072-002, 623-072-003)
55 RECOMMENDED ACTION:

Council FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15302, Replacement and Reconstruction; and
ADOPTS Resolution approving Modification No. 3 to Conditional Use Permit No. 2-94-2 for the construction of a new 30,029 square-foot spa and fitness center, pool area, and administrative offices within the Eldorado Country Club.

G.11. October 6, 2022, Special Council Meeting Minutes 122 RECOMMENDED ACTION:

Council APPROVES the October 6, 2022, Special Council Meeting Minutes.

G.12. October 14, 2022, Special Closed-Session Minutes 125 RECOMMENDED ACTION:

Council APPROVES the October 14, 2022, Special Closed-Session Minutes.

G.13. City Treasurer’s Report for September 2022 128
RECOMMENDED ACTION:

Council RECEIVES and FILES the City Treasurer’s Report for September 2022.

Special Council Meeting Agenda November 28, 2022

G.14. City Treasurer’s Report for October 2022 147
RECOMMENDED ACTION:

Council RECEIVES and FILES the City Treasurer’s Report for October 2022.

H. 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 Mayor will then close the public hearing portion of the hearing and deliberate the matter.

H.1. Modification to Conditional Use Permit No. 2014-03, and Planned Sign Program 2012-01, including Zone Text Amendment No. 2022- 02, and Environmental Assessment No. 2022-02 (APN: 604-640- 015)
167
RECOMMENDED ACTION:

Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and
ADOPTS Resolution to approve a modification to Conditional Use Permit No. 2014-03, Zoning Text Amendment No. 2022-22, and Adoption of the associated Initial Study/Mitigated Negative Declaration prepared in support of Environmental Assessment No. 2022-02 for expansion of the special event parking lot/sod farm uses at the Indian Wells Tennis Garden.

INTRODUCES Ordinance to be read by title only and further reading waived, amending Chapter 21.34.040 of the Indian Wells Zoning Code by modifying Section 21.34.040 to allow unpaved parking lots, agricultural uses, and sod farms as conditional uses within the City’s Resort Commercial zone.

Special Council Meeting Agenda November 28, 2022

I. GENERAL BUSINESS
The Mayor will call upon the members of the public to address the Council regarding the agenda item being considered. After the public has provided comment, the item is closed to further comment and brought to the Council for discussion and action.

I.1. Resolution Amending the City’s Resident and Resident Guest Amenity Fees
375
RECOMMENDED ACTION:

Council APPROVES Resolution Amending the Resident Amenity Fee.

I.2. Discussion on Possible Changes to Resident In-Season Golf Rate and Golf Tee Time Availability
387
RECOMMENDED ACTION:

Council DISCUSSES possible future changes to the availability of resident tee times during the seasonal months of January through April; and
Takes NO ACTION relating to the discussion.

J. COUNCIL MEMBERS' REPORTS AND COMMENTS
On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff, or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.

J.1. COUNCIL MEMBER BERNHEIMER
Cove Communities Commission
Coachella Valley Animal Campus
CVAG Homelessness Committee
Desert Sands Unified School District
Indian Wells Community Activities
Indian Wells Golf Resort Advisory Committee
Special Council Meeting Agenda November 28, 2022

J.2.COUNCIL MEMBER BALOCCO
Coachella Valley Energy Commission
Cove Communities Services Commission
Indian Wells Golf Resort Advisory Committee
Indian Wells Finance & Legal Oversight Committee
Indian Wells Marketing Committee
Indian Wells Public Safety
J.3.COUNCIL MEMBER SANDERS
Coachella Valley Mountains Conservancy
Coachella Valley Economic Partnership
CVAG Public Safety Committee
Desert Sands Unified School District
Indian Wells Public Safety Committee
Visit Greater Palm Springs
J.4.MAYOR PRO TEM GRIFFITH
CVAG Coachella Valley Conservation Commission
CVAG Energy & Environmental Resources Committee
Indian Wells Grants In Aid Committee
Indian Wells Finance & Legal Services Oversight Committee Indian Wells Historic Preservation Foundation
Indian Wells Marketing Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
J.5.MAYOR
California Joint Powers Insurance Authority
Riverside County Transportation Commission
CVAG Executive Committee
CVAG Transportation Committee
Indian Wells Personnel Committee
Indian Wells Tee Committee
Sunline Transit Agency
Special Council Meeting Agenda November 28, 2022

K. ADJOURNMENT
To a regularly scheduled meeting of the City Council to be held at 1:30 p.m. on December 15, 2022 in the City Hall Council Chamber.

Affidavit of Posting,
I, Angelica Avila, certify that on November 23, 2022 I caused to be posted a notice of a Special Council Meeting to be held on November 28, 2022 at 1:30 p.m. in the City Hall Council Chamber.

Notices were posted at Indian Wells Civic Center and City's Website [ www.cityofindianwells.org]
________________________
Angelica Avila, City Clerk
Special Council Meeting Agenda November 28, 2022

City Council Meeting Presentation:
11/28/2022

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STOP SUISILENCE

SUMMIT SCHEDULE
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MONDAY, DECEMBER 5TH, 2022

SPONSORS, PANELISTS AND VIP WELCOME RECEPTION
Hosted by Angel Force USA Board Members
Featuring
• Summit Master of Ceremonies/ Medal of Honor Recipient Staff Sergeant David Bellavia • Dixon Center for Military and Veterans Services Chairman Colonel David Sutherland • Cohen Veterans Bio Science President Dr. Magali Haas
• American Gold Star Mothers President Sarah Taylor
• World Class Jazz Trio presenting Charlie Brown's Christmas music TUESDAY, DECEMBER 6TH, 2022
STOP SUISILENCE SYMPOSIUM DAY 1
Community Approach to Veteran Suicide
Featuring speakers from:
• Dixon Center for Military and Veterans Services
• American Gold Star Mothers
• US Vets
• Hope for The Warriors
• Veterans Plus
• Vets for Warriors
• Utility Workers Military Assistance Program
• K9s for Warriors
• Fourblock

VETERANS FREE CONCERT
Featuring:
• Angel Force Band
• The Side Deal
• Jeff "Skunk" Baxter
• Surprise Guests
6:00 PM - 8:00 PM
Private Residence
The Reserve
10:30AM - 4:30 PM
Location TBD
5:30 PM - 8:30 PM
Rancho Mirage Ampitheatre
WEDNESDAY, DECEMBER 7TH, 2022
STOP SUISILENCE SYMPOSIUM DAY 2
The Bio Science of Veteran Suicide
Featuring speakers from:
• Cohen Veterans Bio Science
• American Gold Star Mothers
"NEVER FORGET" GALA
Honoring:
• Susan Groff
• Captain Karen Miles, USAF (ret)
• Jeff "Skunk" Baxter
Master of Ceremonies
• Staff Sergeant David Bellavia, Medal of Honor Recipient Entertainment
• Angel Force Band
• Surprise Guests
9:00 AM - 3:00 PM
Palm Springs Air Museum
6:00 PM - 9:00 PM
Palm Springs Air Museum

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SUISILENCE SYMPOSIUM

CO-CHAIRS

ANGEL FORCE USA

WE WON'T GIVE UP
DAVID BELLAVIA, US ARMY (RET.)

MEDAL OF HONOR RECIPIENT
David Bellavia is the first and only living Iraq veteran to receive the Congressional Medal of Honor, which is our country's highest military honor. Bellavia was awarded the Medal of Honor for heroic efforts on Nov. 10, 2004, during the Third Battle in Fallujah — dramatic efforts that saved the lives of his unit members. He served three military campaigns: Kosovo 2003 and Operation Iraqi Freedom I and Operation Iraqi Freedom I I . Bellavia enlisted in the U.S. Army in 1999 and chose to stay and fight following the Sept. 11 terror attacks. Bellavia returned to Iraq as an embedded reporter covering heavy fighting in 2006 and 2008, and in 2007 wrote and published House to House, a book detailing his experiences in Fallujah. His book is considered one of the best first-hand military accounts ever written. Bellavia's many awards and decorations include the Bronze Star, the National Defense Service Medal, Kosovo Campaign Medal with Bronze Service Star, New York State Conspicuous Service Cross, the Global War on Terrorism Service Medal, and the NATO Medal. He was inducted into the New York State Veterans Hall of Fame in 2005. Bellavia is a Western New York native. He is a 1994 graduate of Lyndonville High School in Orleans County and studied biology and theater at the University of Buffalo. Today he is active traveling the country as a speaker sharing the important message of service over self and as a sought-after source for national media.

MAGALI HAAS, MD, PHD
CEOAND PRESIDENT, COHEN VETERANS B!O SCIENCE
Dr. Haas is Chair, CEO and President of Cohen Veterans Bioscience, a non-profit brain research organization based in New York City whose mission is to fast -track diagnostics and therapeutics to advance precision brain health. Magali has over 15 years of pharmaceutical executive experience, predominantly at Johnson 8 Johnson, where she assumed broad end -to -end development leadership roles in early and late stage neuroscience clinical development, translational medicine, diagnostics and integrative solutions. To pioneer new approaches for precision therapeutics for brain health, she founded Orion Bionetworks in 2012, which was transformed to Cohen Veterans Bioscience in 2015, while also serving as founding Chief Science and Technology Officer for One Mind for Research. She serves on several advisory boards including Alto Neurosciences, Partnership for Assessment and Accreditation of Scientific Practice, VirtualBrainCloud, Krembil Centre for Neuroinformatics and IMEC for nanoelectronics. Magali earned her BS in bioengineering from the University of Pennsylvania, an MS in biomedical engineering from Rutgers University, and her MD and PhD in neuroscience with distinction from Albert Einstein College of Medicine.

COLONEL DAVID SUTHERLAND, US ARMY (RET.)

CHAIRMAN, DIXON CENTER FOR MILITARY AND VETERANS SERVICES Colonel Sutherland culminated his 29 years of service as the Special Assistant to the Chairman of the Joint Chiefs of Staff with principle focus on Warrior and Family Support. In that position, he created a support network providing grassroots solutions for veterans and military families.

Prior to that, he served as a Combat Brigade Commander during Surge Operations in Iraq in 2007-2008. He has been decorated numerous times during his career and proudly wears the Bronze Star Medal with oak leaf cluster, Purple Heart, Ranger Tab, Combat Infantryman's Badge Second Award, and Senior Parachutist Badge. He is also the 2008 Freedom Award recipient presented by the No Greater Sacrifice Foundation; the 2011 Meritorious Service Award recipient presented by the National Coalition for Homeless Veterans; the 2013 Commitment to Service Award presented by Give an Hour for his work on behalf of returning service members, veterans, military families and families of the fallen; and the 2019 Vigiano Family Hope Er Courage Award presented by Hope for the Warriors.

Colonel Sutherland also holds the title of Honorary Colonel of the 12th Infantry Regiment.

Under his leadership, Dixon Centers has delivered profound results for veterans.

SARAH TAYLOR

NATIONAL PRESIDENT, AMERICAN GOLD STAR MOTHERS
When she joined the American Gold Star Mothers group following her son's death in 2012, Sarah Whitledge Taylor, of Henderson Kentucky, had no idea she'd be the organization's president someday.

She simply wanted to do something with her grief.

Officially known as American Gold Star Mothers, Inc., the group is a nonprofit made up of mothers of children who died serving in the Armed Forces. There are around 1,000 members. Taylor was elected president in June.
"There's nothing more devastating to a mother than losing a child," Taylor said. "While our stories are different, they're also the same.

We've each made a choice to not let our grief control us, but instead to reach out to others."
Sarah has pioneered the recognition of mothers of soldiers who die by suicide as Gold Star Mothers.

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SUISILENCE SYMPOSIUM
DAY #1
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COMMUNITY DRIVEN
SOLDIERS WHO ARE AT RISK FOR SUICIDE RESPOND BEST TO LOCAL, MORE PERSONAL, AND RELATABLE SUPPORT SYSTEMS.

DIXON CENTER FOR MILITARY AND VETERANS SERVICES HAS IMPACTED NEARLY 2.4 MILLION INDIVIDUALS AND ORGANIZATIONS SINCE 2012 BY PROVIDING AND COORDINATING TECHNICAL ASSISTANCEITRAINING, RESOURCE SHARING, AND STRONG LEADERSHIP FOR OUR PARTNERS.

On December 6, Dixon Center will host a series of conversations with organizations that are tackling the evolving needs of veterans and their families.

These panels will focus on the balanced approach to reducing the isolation and disconnection that precedes suicide thru THE EIGHT DIMENSIONS OF WELLNESS: Environmental, Occupational, Financial, Physical, Intellectual, Emotional, Social, and Spiritual.

U.S. VETS With over 20,000 veterans supported each year, US Vets is on a mission to end veteran homelessness in the United States. "The streets" are simply no place for veterans; no place for the many men and women who volunteered, giving of themselves and their youth, to protect our great freedoms. Their vision is that all veterans and their families shall have their needs met to regain and maintain productive independence.

The Utility Workers Military Assistance Program (UMAP) is a training -to -placement program that has helped over 700 veterans find good, family -sustaining careers in the utility sector since 2011. Their partnership with Dixon Center for Military and Veterans Services is a proven model for combining specialized training with wrap -around support services for veterans —ensuring that veterans and their families succeed in the communities where they live.

VeteransPlus programs were designed by Veterans and are delivered by Veterans to provide practical financial solutions geared to real life circumstances of current and former military personnel. The need for financial coaching has never been greater. Having the resources to meet practical needs and having a sense of control over one's financial future is key to the overall well-being of veterans and their families.

K9s for Warriors The nation's largest provider of service dogs to veterans, K9s For WArriors exists because of a fierce dedication to saving he lives of both veterans and rescue dogs. This program is backed by scientific research and empowers veterans who fought for our freedom to live a life of dignity and independence. K9s For Warriors provides highly -trained Service Dogs to military veterans suffering from PTSD, traumatic brain injury and/or military sexual trauma. 92% of graduates of their program report reduction in medication and 82% report a decline in suicide ideation.

FourBlock is dedicated to supporting returning service members in their transition from military service to meaningful civilian careers. Their flagship Career Readiness Program is taught by corporate executives and has graduated over 3,500 veterans and now serves more than 600 transitioning veterans annually. Their mission is to equip veterans and military spouses to successfully transition to meaningful civilian careers. Their vision is to build a national professional network where transitioning veterans and military spouses can connect locally and attain the skills, resources, and relationship -building opportunities necessary to reach their career potential.

Vets4Warriors Vets4Warriors is a national 24/7 -peer support network for veteran and military communities 100% staffed by trained veterans and members of the military community, their families or caregivers. Their program complements official government resources available to service members, veterans, family members and caregivers, but remains separate from them. This allows them to ensure that every caller always has access to every available resource to meet their needs, whatever those needs may be.

Since 2011, they have made more than 650,000 connections with individuals via phone, chat, and email to provide support before challenges turn into crises.

Hope for the Warriors understands the unique challenges our post -9/11 service men and women confront every day and their goal is to be there for them on their healing journey. In 2021 alone, HOPE transformed the lives of 10,000 military members and families through their 360° approach to services, promoting a whole -person wellness for each military member they support. Through their three program areas —Transition Services, Clinical Health & Wellness, and Sports & Recreation —they help service members and military families on their journey to wellness and a successful transition to civilian life.

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WE WON'T GIVE UP
"NEVER FORGET" GALA

HONOREES

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WE WON'T GIVE UP

SUE GROFF
OWNER

NORTHWEST EXCAVATION

BOARD MEMBER

ANGEL FORCE USA
JEFFREY "SKUNK" BAXTER

THE DOOBIE BROTHERS STEELY DAN SPIRIT
2020 ROCK AND ROLL HALL OF FAME INDUCTEE

KAREN MILES

PHIL ANTRHOPIST

BOARD MEMBER

PALM SPRINGS AIR MUSEUM

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VETERANS FREE CONCERT
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JIM CREGAN

CHAIRMAN

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THE ROD STEWART BAND

CREGAN & COMPANY

STEVE DISTANISLAO

DAVID GILMOUR, DON FELDER

CROSBY STILLS NASH

FRANK SIMES -

MUSICAL DIRECTOR

ANGEL FORCE BAND

MUSICAL DIRECTOR,THE WHO

ROGER DALTREY

THE ROLLING STONES

THE SIDE DEAL

STAN FRAZIER, FOUNDING MEMBER,

SUGAR RAY

PAWNSHOP KINGS SCOTT & JOEL OWEN

KIT POTAMKIN

ROBBIE KRIEGER BAND

WILD CHILD

JENNIFER OBERLE

AIR SUPPLY, FIVE FOR

FIGHTING, DENNY LAINE,

PETER ASHER'S MEMOIR
SHOW

DANNY BEISSEL

FEATHERBORN

AMERICAN ALLSTAR VINYL BAND

SCARLET RIVERA

BOB DYLAN

ROLLING THUNDER REVUE

MURPHY KARGES
CHIEF CONTENT DIR.

ANGEL FORCE USA

FOUNDING MEMBER,

SUGAR RAY

DICK BRIGHT

DICK BRIGHT ORCHESTRA

ELLA FITGERALD,

TONY BENNET, ETTA JAMES

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"NEVER FORGET" GALA

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RSVP FOR DAY 1

SYMPOSIUM
WEDNESDAY, DECEMBER 7 PALM SPRINGS AIR MUSEUM
RECEPTION/SILENT AUCTION AT 6:00 PM DINNER AT 7:00 PM

BUSINESS OR COCKTAIL ATTIRE
TUESDAY, DECEMBER 6 AND 7 SYMPOSIUMS / PALM SPRINGS AIR MUSEUM / CASUAL ATTIRE DECEMBER 6 VETERANS FREE CONCERT / RANCHO MIRAGE AMPHITHEATER / CASUAL ATTIRE PLATINUM ANGEL TABLE FOR 10 $100,000
10 Welcome Reception, Unlimited Veterans Concert, Unlimited Symposium, 5 VIP Parking
GOLD ANGEL TABLE FOR 10
6 Welcome Reception, Unlimited Veterans Concert, Unlimited Symposium, 5 VIP Parking
I�SILVER ANGEL TABLE FOR 10 S 25,000
4 Welcome Reception, Unlimited Veterans Concert, Unlimited Symposium, 5 VIP Parking
BRONZE ANGEL TABLE FOR 10 S 10,000
2 Welcome Reception, unlimited Veterans Concert, Unlimited Symposiums, 5 VIP Parking
PLATINUM TICKET S 10,000
1 Welcome Reception, Unlimited Veterans Concert, Unlimited Symposiums, 1 VIP Parking
GOLD TICKET S 5,000
1 Welcome Reception, Unlimited Veterans Concert, Unlimited Symposiums Parking
SILVER TICKET S 2,500
Unlimited Veterans Concert, Unlimited Symposiums, Parking BRONZE TICKET S 1,000
Unlimited Veterans Concert, Symposiums,Parking
Please reserve ticket(s) @ $ each for Gala
Please reserve table(s) @ $ each for Gala
I/We will attend: Day 1 Symposium Day 2 Symposium
Veterans Concert
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ROBIN MENSINGER

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WEDNESDAY, DECEMBER 7 PALM SPRINGS AIR MUSEUM
RECEPTION/SILENT AUCTION AT 6:00 PM DINNER AT 7:00 PM

BUSINESS OR COCKTAIL ATTIRE
TUESDAY, DECEMBER 6 AND 7 SYMPOSIUMS / PALM SPRINGS AIR MUSEUM / CASUAL ATTIRE DECEMBER 6 VETERANS FREE CONCERT / RANCHO MIRAGE AMPHITHEATER / CASUAL ATTIRE

SUMMIT PRESENTING SPONSOR
30 VVIP tickets and 15 VVIP Parking Passes to all events Special presentation at "Never Forget" Gala
4 Pages of advertising in program
Logo on all collaterals, Signage at all events
Logo Placement on Red Carpet
S250,000
"NEVER FORGET" GALA UNDERWRITER S150,000
20 VVIP tickets and 10 VVIP Parking Passes to all events Special presentation at "Never Forget" Gala
2Pages of advertising in program and signage
Logo on all collaterals
Logo Placement on Red Carpet
"STOP SUISILENCE" SUMMIT SPONSOR
10 VVIP tickets and 5 VVIP Parking Passes to all events Special presentation at Day 1 and Day 2 Symposiums
1 Page of advertising in program
Signage at Symposiums, Concert and Gala
Logo on all collaterals
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"VETERANS FREE CONCERT SPONSOR
10 VIP tickets and 5 VVIP Parking Passes to all events
Special presentation at Veterans Free Concert
1 Page of advertising in program and signage at concert Logo on all collaterals
""STOP SUISILENCE" SYMPOSIUM SPONSOR
10 VVIP tickets and 5 VVIP Parking Passes to all events Special presentation at Day 1 and Day 2 Symposiums
1 Page of advertising in program
Signage at Symposiums
Logo on all collaterals
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Email.

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S 50,000

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Desmond Tutu
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City Managers Reports & Comments:

City Council Meeting 11/28/2022

INDIAN WELLS

INDIAN WELLS CITY COUNCIL
November 28, 2022
To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Findings to Hold Remote Teleconference/Virtual Meetings and Hybrid Meetings for All City
Legislative Bodies, in Accordance with Assembly Bill
361
RECOMMENDED ACTION:

Council APPROVES remote teleconference/virtual and hybrid meetings for all City legislative bodies by finding that a statewide state of emergency is currently in place and that state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
AUTHORIZES City Manager to implement teleconference/virtual or hybrid public meetings as needed in accordance with Assembly Bill 361.

BACKGROUND:

All meetings legislative bodies of the City are subject to the Ralph M. Brown Act (Gov.

Code §§ 54950 et seq.), and must be open and public so that any member of the public may attend and participate in the meetings. Commencing in March of 2020, Governor Newsom issued a series of executive orders aimed at preventing the spread of a respiratory disease that came to be known as the novel coronavirus, “COVID-19.” Among these were Executive Orders (“EO”) N-25-20, N-29-20, and N-35-20 (collectively, the “Brown Act Orders”) that waived the teleconferencing requirements of the Brown Act to allow legislative bodies to meet virtually.

On June 11, 2021, the Governor issued EO N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinded the Brown Act Orders, effective September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which became effective October 1, 2021, and amended the Brown Act to allow legislative bodies to meet virtually, without following the Brown Act’s standard teleconferencing rules, provided that the legislative body makes specific findings, which include the following: (1) a statewide state of emergency is currently in

place; and (2) state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19.

Continued compliance with AB 361 will require the City Council to approve the action making the required findings every 30 days (or at the next Council meeting, if greater than 30 days).

Analysis:

The Governor has proclaimed a state of emergency in response to the ongoing COVID - 19 pandemic. The state of emergency currently remains in effect. Further, State officials — including the California Department of Public Health — and local officials have recommended measures to promote social distancing in connection with COVID-19, which are currently in place. Accordingly, both of the above-referenced findings required by AB 361 exist.

The City Council recognizes that a person’s ability to attend and participate in person might change suddenly, depending on the person’s exposure to the virus, or changes in the person’s own health and vulnerability to infection. The Council recognizes that members of the public, and from time-to-time, members of the Council and of other City legislative bodies, as well as City staff might need to or might feel more comfortable attending meetings virtually in light of the ongoing COVID-19 pandemic and the manner in which circumstances surrounding the pandemic, including the impact on individual and public health, may rapidly change. Accordingly, the City Council thus desires to allow for virtual or hybrid (in-person and virtual) meetings of all the City’s legislative bodies in order to both ensure the health and safety of the public, City officials, and City staff, as well as continuity of government in allowing regularly scheduled meetings to continue to occur without unanticipated interruption.

26529.00041\40863622.1

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Termination of Prior Development Agreement
(Miles Lodge)

RECOMMENDED ACTION:

Council CONSIDERS and APPROVES the proposed Termination Agreement between the City and Miles Lodge LLC and 3x5 LLC; and

AUTHORIZES the City Manager to execute the agreement on the City’s behalf; and

FINDS the action to be exempt from CEQA.

BACKGROUND:

As you know, the City terminated the 2018 Development Agreement (DA) between the City and Miles Lodge, LLC, and 3x5, LLC (Developers). As they were written in the DA< some of the terms in the DA survive termination. The City is still seeing the Miles Lodge site developed, and Developers have asked that the City terminate the surviving terms to make it clear that there are no residual obligations.

DISCUSSION:

After reviewing the terms that are designated survival, it appears that none of the surviving terms is applicable now. The potentially surviving terms are in section 5.2 of the DA. The terms subject the Developers to the old entitlements that were secured with the DA throughout their project, but their project was never started, and any future development will be subject to different entitlements. The terms subject the Developers to other covenants for other developments that might be identified in the DA, but there are no other covenants for other developments identified in the DA or otherwise. And the terms leave the Developers responsible for any unpaid assessment, lien, fee, or tax that they still owe to the City, but the City is not aware of any unpaid obligation.

26529.00041\40863622.1

Approving and authorizing the execution of the Termination Agreement is not subject to review under the California Environmental Quality Act (CEQA) because the requested City Council action is not a “Project” as defined by CEQA. Under Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve a termination agreement acknowledging that no terms of an already-terminated DA apply any longer.

CONCLUSION:

In short, none of the potentially surviving terms in the 2018 DA is relevant now, and the Developers are asking for the City to acknowledge that to he lp facilitate future development. The draft Termination Agreement does that. Staff recommends approval.

ATTACHMENTS:

1. Termination Agreement

26529.21001\40800741.4 1

TERMINATION AGREEMENT
This Termination Agreement, effective March 1, 2022, is between the City of Indian Wells (“City”) and Miles Lodge, LLC, and 3x5, LLC (“Developers”).

BACKGROUND
A.On or about April 2018, the City and Miles Lodge, LLC, executed a Development Agreement regarding the development of the Miles Lodge project.

B.Miles Lodge entered into a sales agreement and escrow with 3x5, LLC. to purchase the property, and 3x5 entered into discussions with the City to both extend the deadlines associated with the Development Agreement to negotiate various terms.

C.The City and Developers entered into a new Development Agreement (dated April 19, 2018, for reference purposes only) (“New Development Agreement”). The New Development Agreement was recorded with the County of Riverside on January 31, 2021, as document number 2021-0040622.

D.Developers were not able to meet the deadlines for performance in the New Development Agreement. The escrow between 3x5, LLC, and Miles Lodge, LLC, was cancelled and closed, and as a result, the City terminated the New Development Agreement as of March 1, 2022.

E.Some terms in section 5.2 of the New Development Agreement survive termination (“Surviving Terms”), but none is relevant now. At this point, any future development will be subject to different entitlements; there are no other covenants of any other development specified in the Agreement; and the City is not aware of any assessment, lien, fee, or tax that is owed to the City by the Developers that remains unpaid.

F.The parties desire to see the property in question developed. To that end, the parties desire now to terminate the Surviving Terms and confirm that the entire New Development Agreement has been terminated.

THEREFORE, in consideration of the facts recited above, the parties agree as follows:

TERMS AND CONDITIONS

1. Termination. The parties hereto acknowledge that the New Development Agreement terminated as of March 1, 2022, including the Surviving Terms, which have no further application.

SIGNATURES ON THE FOLLOWING PAGE
ATTACHMENT #1

26529.21001\40800741.4
2 MILES LODGE, LLC 3x5, a Delaware LLC

————————————— ————————————
By: Gerald Fogelson by: Phil Bates

MANAGER MANAGER

CITY OF INDIAN WELLS

—————————————
By:

Title:

26529.00041\40860789.3

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: Indian Wells City Council
From: City Attorney
Prepared by: Todd Leishman, City Attorney
Subject: Affordable Housing Property Acquisition Funding Agreement (APN 633-360-002)

RECOMMENDED ACTION:

Council CONSIDERS and APPROVES the proposed Affordable Housing Property Acquisition Funding Agreement; and

FINDS no further review is needed under CEQA.

DISCUSSION:

The Indian Wells Housing Authority (“Authority”) was created to promote and encourage the retention, rehabilitation, and development of affordable housing. The Authority and the City are both authorized to acquire interests in the property to promote the development of affordable housing in accordance with the law.

On November 3, 2022, the City Council adopted a Resolution of Necessity authorizing the acquisition of certain real property located on the northeast corner of Miles Ave nue and Warner Trail in the City of Indian Wells, more particularly described as Assessor Parcel No. 633-360-002, in Riverside County, California (the “Property”), for affordable housing and supporting public park, recreation, open space, and parking.

The Authority has money in its Low and Moderate Income Housing Asset Fund (“Fund”).

The Fund was established under Health & Safety Code section 34176. Money from the Fund may be used to develop affordable housing in accordance with the Community Redevelopment Law (Health & Safety Code §§33000 et seq.), except as set forth in Health & Safety Code Section 34176.1.

Under Health and Safety Code section 33334.2(e)(2), the Authority may utilize money from the Fund to acquire real property to construct affordable housing.

26529.00041\40860789.3

In accordance with Health and Safety Code section 33334.2(e)(2), the Authority may allocate money from the Fund for the City to acquire the Property and develop it for affordable housing and supporting uses.

In accordance with the adopted Resolution of Necessity, the City Attorney’s Office filed the eminent-domain action on November 18.

A deposit equal to the appraised fair market value ($12.14 million) must be deposited before the City may obtain pre-judgment possession. The proposed funding agreement facilitates the needed deposit.

The funding agreement allows the Authority to pay for the acquisition of the 34-acre property, with the City paying the Authority back within five years after the final purchase (i.e., within five years after the eminent-domain action is finally settled and done) for whatever portion of the property is not committed to affordable housing or other allowed uses of housing funds. Repayment will be with interest as required by law. The interest rate is based on the Local Agency Investment Fund (LAIF), which is approximately 1.772 percent at the time of this report.

The City adopted an EIR addendum for the acquisition of the Property concurrently with its adoption of the Resolution of Necessity. No further environmental review is required under the California Environmental Quality Act.

FISCAL IMPACT:

Money for the acquisition of the Property will be paid out of the Fund in accordance with state law. Funds in the amount of $12.14 million are available. Under the proposed agreement, any proceeds that are not utilized for permissible uses plus any interest are required to be redeposited into the Housing Fund.

ATTACHMENTS:

1. Funding Agreement

26529.00041\40856225.4 1

AFFORDABLE HOUSING

PROPERTY ACQUISITION

FUNDING AGREEMENT

THIS AFFORDABLE HOUSING PROPERTY ACQUISITION FUNDING
AGREEMENT (“Agreement”), dated November 28, 2022, for reference purposes only, is between the HOUSING AUTHORITY OF THE CITY OF INDIAN WELLS (“Authority”) and the CITY OF INDIAN WELLS (“City”). The Authority and the City enter into this Agreement with reference to the following recited facts (each a “Recital”):

RECITALS
A.The Authority was created to promote and encourage the retention, rehabilitation, and development of affordable housing.

B.The Authority and the City are both authorized to acquire interests in property to promote the development of affordable housing in accordance with law.

C.The Authority and City are interested in the acquisition of certain real property located on the northeast corner of Miles Avenue and Warner Trail in the City of Indian Wells, more particularly described as Assessor Parcel No. 633-360-002, in Riverside County, California (the “Property”), for affordable housing and supporting public park, recreation, open space, and parking.

D.The Authority has money in its Low and Moderate Income Housing Asset Fund (“Fund”). The Fund was established under Health & Safety Code section 34176. Money from the Fund may be used for the development of affordable housing in accordance with the Community Redevelopment Law (Health & Safety Code §§33000 et seq.), except as set forth in Health & Safety Code Section 34176.1.

E.Under Health and Safety Code section 33334.2(e)(2), the Authority may utilize money from the Fund to acquire real property to construct affordable housing.

F.In accordance with Health and Safety Code section 33334.2(e)(2), the Authority proposes to allocate money from the Fund for the City to acquire the Property and develop it for affordable housing and supporting uses.

NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION,

INCLUDING THE PROMISES AND COVENANTS SET FORTH IN THIS AGREEMENT, THE AUTHORITY AND THE CITY AGREE AS FOLLOWS:

ATTACHMENT #1

26529.00041\40856225.4

2 ARTICLE I

DEFINITIONS
Section 1.1 Defined Terms. In addition to the usage of certain words, terms, or phrases that are defined in the initial paragraph or Recitals of this Agreement, the following words, terms, and phrases are used in this Agreement, as follows, unless the particular context of usage of a word, term or phrase requires another interpretation:
(a) “Agreement” means this Affordable Housing Property Acquisition Funding Agreement, dated as of _______________, 2022, for reference purposes only, entered into by and between the Authority and the City.
(b) “Authority” means the Housing Authority of the City of Indian Wells. (c) “City” means the City of Indian Wells.
(d) “City Manager” means the City Manager of the City or his or her designee or successor in function.
(e) “CRL” means the Community Redevelopment Law, California Health and Safety Code sections 33000, et seq.
(f) “Effective Date” means the first date on which all the following have occurred:
(1) This Agreement has been approved by the City Council and executed by the authorized representative(s) of the City and delivered to the Authority; and (2) This Agreement has been approved by the Authority governing body, and this Agreement has been executed by the authorized representative(s) of the Authority and delivered to the City.
(g) “Event of Default” has the meaning ascribed to the term in Section 3.1. (h) “Executive Director” means the Executive Director of the Authority or his designee or successor in function.
(i) “Fund” means the Authority’s Low and Moderate Income Housing Asset Fund.
(j) “Funding Amount” means the total amount of funds provided by the Authority to the City under this Agreement.

26529.00041\40856225.4

3 (k) “Maximum Funding Amount” means an amount not to exceed $12,140,000.00.
(l) “Party” means and refers, individually, to either the Authority or the City, as applicable.
(m) “Parties” means and refers, collectively, to the Authority and the City. (n) “Person” means any association, corporation, governmental entity or agency, individual, joint venture, joint-stock company, limited liability company, partnership, trust, unincorporated organization, or other entity of any kind. (o) “Property” means that certain real property located on the Northeast corner of Miles Avenue and Warner Trail in the City of Indian Wells, more particularly described as Assessor Parcel No. 633-360-002, and which is specifically described in Exhibit A attached to this Agreement and incorporated into this Agreement by this reference. (p) “Unavoidable Delay” means a delay in a Party performing any of its obligations under this Agreement, except payment of money, arising from any cause beyond the Party’s reasonable control, despite such Party’s reasonable diligent efforts, including industry- wide strikes, labor troubles or other union activities, casualty, war, pandemics, acts of terrorism or riots.

ARTICLE II
FUNDING AMOUNT; PROPERTY ACQUISITION
Section 2.1 Distribution of Funding Amount. The Authority will, within 15 calendar days following the request by the City, disburse to the City all or such portion of the Maximum Funding Amount as the City may request for the Property acquisition.

Section 2.2 City Use of the Funding Amount. The City will use the proceeds from the Funding Amount exclusively for paying for or reimbursing itself for the costs and expenses incurred by the City in the acquisition of the Property.

Section 2.3 Repayment. Within five years after final acquisition of the Property by the City, the City will repay to the Authority that portion of the Funding Amount that is not used for or committed to the development of affordable housing or another legally permissible use of the Fund on or in connection with the Property. Repayment must include an interest payment equal to what would have been earned on the repaid portion of the Funding Amount if it had been invested in the Local Agency Investment Fund on the date that it was disbursed to the City.

Section 2.4 Funding Amount Limited to Fund Assets. Notwithstanding any other provision of this Agreement, the Authority’s obligations under this Agreement do not constitute

26529.00041\40856225.4

4 a formal pledge of any revenues of the Authority. The Authority’s payment obligations under this Agreement are a special, limited fund obligation of the Authority, payable solely from the Fund and no other source.

ARTICLE III

DEFAULTS AND REMEDIES
Section 3.1 Events of Default. In addition to other acts or omissions of the Parties that legally or equitably constitute a default or breach of this Agreement, the occurrence of any of the following specific events constitutes an “Event of Default” under this Agreement:
(a) Any non-monetary default by a Party under this Agreement that is not cured within 30 days following the receipt by the defaulting Party of notice of such default from the other Party.
(b) A Party fails to make any payment or deposit required in accordance with the terms of this Agreement or to pay any other charge or amount set forth in this Agreement within seven days after the defaulting Party’s receipt of written notice of the failure from the other Party.

Section 3.2 Governing Laws. The laws of the State of California govern the interpretation and enforcement of this Agreement, without regard to conflicts of laws principles.

Section 3.3 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties set forth in this Agreement are cumulative, and the exercise by any Party of one or more of such rights or remedies does not preclude the exercise by such Party, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

ARTICLE IV

GENERAL PROVISIONS
Section 4.1 Incorporation of Recitals. The Recitals of fact set forth preceding this Agreement are true and correct and are incorporated into this Agreement in their entirety by this reference.

Section 4.2 Non-liability of Officials, Employees, or Consultants. No elected official, officer, employee, consultant, attorney, or agent of any Party is personally liable to any other Party, or to any successor in interest of any other Party, in the event of any default or breach by a Party under this Agreement or for any amount that may become due to another Party or to its successor, or on any obligations under the terms or conditions of this Agreement.

26529.00041\40856225.4

5 Section 4.3 Calculation of Time Periods. Unless otherwise specified, all references to time periods in this Agreement measured in days are to consecutive calendar days, all references to time periods in this Agreement measured in months are to consecutive calendar months, and all references to time periods in this Agreement measured in years are to consecutive calendar years. Any reference to business days in this Agreement means business days of the City.

Section 4.4 Amendment. No amendment or modification of this Agreement is effective unless it is made in writing and signed by both Parties. The Party benefited by any condition or obligation may waive the same, but such waiver is not enforceable by the other Party unless it is made in writing and signed by the waiving Party. No waiver of any default or breach of any term or condition contained in this Agreement may be deemed a waiver of any preceding or succeeding default or breach of such term or condition or of any other term or condition contained in this Agreement.

Section 4.5 Severability. If any provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, this fact in no way affects (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under the circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

Section 4.6 Construction. Unless otherwise indicated, all article and section references are to the articles and sections of this Agreement. The headings used in this Agreement are provided for the convenience of reference only, and this Agreement must be interpreted without reference to any headings. Whenever required by the context of this Agreement, the singular includes the plural, and the masculine includes the feminine, and vice versa. This Agreement may not be construed as if it had been prepared by one of the Parties, but rather as if all Parties had prepared this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this Agreement. If the date on which a Party is required to take any action under the terms of this Agreement is not a business day, the action must take place by the next succeeding business day.

The use of the word “or” in this Agreement shall also include the word “and.” The use of the word “including” in this Agreement shall be interpreted as though followed by the phrase “without limitation.”
Section 4.7 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any Person other than the Parties and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third Person to any Party or give any third Person any right of subrogation or action over against any Party.

26529.00041\40856225.4

6 Section 4.8 Execution in Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Section 4.9 Unavoidable Delay; Extension of Time of Performance. Subject to specific provisions of this Agreement, performance by any Party under this Agreement shall not be deemed or considered to be in default, where any such default is due to an Unavoidable Delay. Any Party claiming Unavoidable Delay shall notify each other Party: (a) within ten (10) days after the Party claiming Unavoidable Delay knows of any such Unavoidable Delay; and (b) within five (5) days after the condition causing such Unavoidable Delay ceases to exist. To be effective, any notice of an Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The extension of time for an Unavoidable Delay shall commence on the date of receipt of written notice of the occurrence of the Unavoidable Delay by each Party not requesting an extension of time to perform due to such Unavoidable Delay and shall continue until the end of the condition causing the Unavoidable Delay. The Party seeking to be excused from performance shall exercise its best efforts to cure the condition causing the Unavoidable Delay within a reasonable time. Each Party expressly agrees that adverse changes in economic conditions, of any Party specifically or the economy generally, or changes in market conditions or demand or changes in the economic assumptions of either of them that may have provided a basis for entering into this Agreement shall not operate to excuse or delay the performance of each and every one of each Party’s obligations and covenants arising under this Agreement. All Parties expressly assume the risk of such adverse economic or market changes, whether or not foreseeable, as of the Effective Date.

Section 4.10 Binding on Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns.

Section 4.11 Entire Agreement.
(a) This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement and supersedes all negotiations or previous agreements between the Parties with respect to the subjects addressed in this Agreement. [Signatures on the following page.]

26529.00041\40856225.4

7 SIGNATURE PAGE
TO

AFFORDABLE HOUSING

PROPERTY ACQUISITION

FUNDING AGREEMENT
IN WITNESS WHEREOF, the Authority and the City have executed this Agreement by and through the signatures of their duly authorized representative(s) set forth below:

AUTHORITY:

HOUSING AUTHORITY OF THE
CITY OF INDIAN WELLS, a public body,
corporate and politic
By: ____________________________
Chrisopher Freeland
Executive Director

Date: ____________________________

ATTEST
By: ____________________________
Angelica Avila
Authority Secretary

APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
By: _________________________
Todd Leishman
Authority Counsel

CITY:

CITY OF INDIAN WELLS, a California
municipal corporation

By: ____________________________
Christopher Freeland
City Manager

Date: ____________________________

ATTEST
By: ____________________________
Angelica Avila
City Clerk

APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
By: _________________________________
Todd Leishman
City Attorney

26529.00041\40856225.4

EXHIBIT A

EXHIBIT A
Legal Description of Real Property
[To be inserted behind this page.]

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Appointment of City Representative to Coachella Valley Mosquito and Vector Control Board

RECOMMENDED ACTION:

Council APPOINTS the Council Ad Hoc Committee recommendation Clive Weightman as the City’s representative to the Coachella Valley Mosquito and Vector Control Board for a two-year term beginning January 1, 2023.

DISCUSSION:

The Coachella Valley Mosquito and Vector Control Board’s (“Board”) mission is to reduce the risk of disease transmission by mosquitos and other vectors for residents and visitors of the Coachella Valley. The Board is comprised of eleven members representing Coachella Valley cities and the County. The Board meets on the second Tuesday of each month at 6:00 p.m. The appointed position does not receive a stipend ( www.cvmosquito.org) .

The Board terms are on a calendar year basis ending on December 31 and may serve either a two-year or four-year term. The City’s current representative to the Board is Clive Weightman who was appointed in 2016 with his term ending on December 31, 2022.

In early October, staff began soliciting applications by advertising the recruitment in the Desert Sun and email notifications. The City received seven (7) applications of interested Indian Wells residents. The appointed resident must remain a registered voter through their appointment.

Mosquito Board Applicants:

1. Patricia Carr

2. Todd Friedman

3. Linda Kaeser

4. Tito Muela

5. Kate Ryan

6. Clive Weightman

The Council Ad Hoc Committee conducted in person interviews on November 8 and 9, 2022. The Ad- Hoc Committee recommendation is to appoint Clive Weightman for a two- year term.

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Resolution Amending the Conflict-of-Interest Code of the City of Indian Wells Pursuant to the Political
Reform Act of 1974

RECOMMENDED ACTION:

Council ADOPTS Resolution amending the Conflict-of-Interest Code by updating position titles and assigning disclosure category.

SUMMARY:

Every two years the Fair Political Practices Commission requires every City to review their Conflict-of-Interest Code (“Code”) and make any necessary changes and file a biennial notice regarding the results of the review.

Recently a reorganization of positions in departments was completed. As a result of the reorganization the following positions were reclassified and need to be added to the conflict-of-interest code:

 Housing Manager
 Public Works Inspector
 Public Works Manager
 Senior Management Analyst

BACKGROUND:

The Political Reform Act of 1974, Government Code section 81000 (the “Act”), requires all public agencies to adopt and maintain a conflict-of-interest code. The Act prohibits the City Council, Planning Commissioners, and designated staff from using his or her official positions to influence a government decision in which there is a financial interest. The fundamentals of the conflict-of-interest code provides officials with specific categories to adequately differentiate between designated employees with different powers of authority.

Attachment 2 is a legislative (redlined) version of the proposed amended Code. The proposed revisions are based on the need to includes new positions that must be designated, delete titles of existing positions that have been abolished and/or positions that no longer make or participate in making governmental decisions and include, revise disclosure category, and include AB1234 training language.

Government Code section 87303 provides that no code or amendment to a code shall be effective until it has been approved by the Council.

After legal review, the reorganized positions are assigned a disclosure category and the designated position titles were amended.

ATTACHMENTS:

1. Resolution

2. Amended Conflict of Interest Code- redline

26529.00000\40830866.1
RESOLUTION NO. 2022-43

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

CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000 et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Indian Wells (the "City") and which requires all public agencies to adopt and promulgate a conflict of interest code; and
WHEREAS, the City Council adopted a Conflict of Interest Code (the “Code”) which was amended on January 29, 2020, in compliance with the Act; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided each affected designated employee and publicly posted for review; and
WHEREAS, a public meeting was held upon the proposed amended Appendix at a regular meeting of the City Council on November 28, 2022, at which all present were given an opportunity to be heard on the proposed amended Code.

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

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

Section 1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk, and available to the public for inspection and copying during regular business hours; Section 2. The said amended Conflict of Interest Code shall become effective immediately upon its adoption and approval.

ATTACHMENT #1

26529.00000\40830866.1

City of Indian Wells
Resolution No. 2022-43

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a special meeting held on this 28th day of November 2022.

_________________________________

DANA REED
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2022-43

I, Angelica Avila, City Clerk of the City Council 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 28th day of November 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

___________________________________ _________________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

26529.00000\40830866.1

City of Indian Wells
Resolution No. 2022-43

Exhibit “A

CONFLICT OF INTEREST CODE

OF THE

CITY OF INDIAN WELLS

26529.00000\40830866.1

City of Indian Wells
Resolution No. 2022-43

CONFLICT OF INTEREST CODE
OF THE

CITY OF INDIAN WELLS

(Amended November 28, 2022)

The Political Reform Act (Gov. Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act.

Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference.

This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Indian Wells (the "City").

All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training.

These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)

26529.00000\40830866.1

City of Indian Wells
Resolution No. 2022-43

APPENDIX

CONFLICT OF INTEREST CODE

OF THE

CITY OF INDIAN WELLS

(Amended November 28, 2022)

PART “A”

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18700.3, are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments1. These positions are listed here for informational purposes only.

Finance Director
Investment Consultant

1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

26529.00000\40830866.1

City of Indian Wells
Resolution No. 2022-43

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED

Assistant/Associate Planner 2, 3, 5, 6
Assistant Finance Director 4, 6
Building Inspector/Code Enforcement Officer 2, 3, 6
Building Official/Code Enforcement Manager 2, 3, 5, 6
City Attorney (not filing under GC § 87200) 1, 2
City Clerk 5
City Engineer/Public Works Director 1, 2
Community Development Director 1, 2
Deputy City Manager 2, 3, 4
Housing Manager 2, 5
Information Technology Manager 5
Management Analyst 5, 7
Permit Technician I 6
Permit Technician II 6
PW Inspector 5
PW Manager 5, 7
Public Works Field Supervisor 2, 3, 5
Senior Management Analyst 5, 7

26529.00000\40830866.1

City of Indian Wells
Resolution No. 2022-43

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS

FAMD Advisory Commission 2, 5
Finance Authority 1, 2
Grants-in-Aid Committee 7
Housing Authority 1, 2
Oversight Board of Successor Agency 1, 2
Successor Agency 1, 2

Consultants and New Positions 2

2 Individuals serving as a consultant as defined in Reg. 18700.3 or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code § 82019; Regs. 18219 and 18734.). The City Manger’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code § 81008.)

26529.00000\40830866.1

City of Indian Wells
Resolution No. 2022-43

EXHIBIT “B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned.3 Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that do business or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.

3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)

26529.00000\40830845.1

CONFLICT OF INTEREST CODE
OF THE

CITY OF INDIAN WELLS
ATTACHMENT #2

26529.00000\40830845.1

CONFLICT OF INTEREST CODE
OF THE

CITY OF INDIAN WELLS

(Adopted January 29, 2020 Amended November 28, 2022)

The Political Reform Act (Gov. Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Indian Wells (the "City").

All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall make and retain a copy of all statements filed by the Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, and forward the originals of such statements to the Fair Political Practices Commission. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov.

Code § 81008.)
All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)

26529.00000\40830845.1

APPENDIX

CONFLICT OF INTEREST CODE

OF THE

CITY OF INDIAN WELLS

(Adopted January 29, 2020 Amended November 28, 2022)

EXHIBIT PART “A”

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and All Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18700.3, are NOT subject to the City’s Code but must file disclosure statements under Government Code Section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments 1. These positions are listed here for informational purposes only.

Finance Director
Investment Consultant

1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.

26529.00000\40830845.1

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED

Assistant/Associate Planner 2, 3, 5, 6
Assistant Finance Director 4, 6
Assistant Engineer 2, 3, 5
Building Inspector/Code Enforcement Officer 2, 3, 6
Building Official/Code Enforcement Manager 2, 3, 5, 6
City Attorney (not filing under GC § 87200) 1, 2
City Clerk 5
City Engineer/Public Works Director 1, 2
Community Development Director 1, 2
Deputy City Clerk 5
Deputy City Manager 2, 3, 4
Housing Manager 2, 5
Information Technology Manager 5
Management Analyst 5, 7
Permit Technician I 6
Permit Technician II 6
PW Maintenance Worker/Inspector 5
PW Manager 5, 7
Public Works Field Supervisor 2, 3, 5
Senior Management Analyst 5, 7

26529.00000\40830845.1

DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES

TITLE OR FUNCTION ASSIGNED

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS

Architecture & Landscape Committee 1, 2
FAMD Advisory Commission 2 2, 5
Finance Authority 1, 2
Grants-in-Aid Committee 7
Housing Authority 1, 2
Oversight Board of Successor Agency 1, 2
Successor Agency 1, 2

Consultants and New Positions3

2 Jurisdiction for real property confined to boundaries of District and within 2 miles thereof.

3 Individuals serving as a consultant as defined in Reg. 18700.3 or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code § 82019; Regs. 18219 and 18734.). The City Manger’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code § 81008.)

26529.00000\40830845.1

EXHIBIT “B"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she the designated is assigned.4 Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that do business or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.

4 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: City Council
From: Human Resources
Prepared by: Peter Castro, Deputy City Manager
Subject: Update to Fiscal Year 2022-23 Employee’s Salary Range Schedule

RECOMMENDED ACTIONS:

Council APPROVES the update to employee’s salary schedule as required by the California Public Employees’ Pension Reform Act of 2013; and

DIRECTS staff to post the employee salary range schedule on the City’s website.

DISCUSSION:

Effective August 1, 2013, the Public Employees’ Pension Reform Act (“PEPRA”) changed the law to make compensation more transparent, specifically regarding eligible income for the calculation of retiree benefits. Under PEPRA, employees’ retirement benefits must be calculated for a salary within a publicly approved salary range schedule published on the City’s website.

Employee salaries are not being increased as a result of this action. Employees are only eligible for pay increases based on performance under the City’s Merit-Based Pay program. This update serves the sole purpose of updating the employee’s salary range schedule to accurately reflect the current staffing level of the City and the City Manager’s salary as a result of the approved action by the City Council on November 3, 2022.

Staff will return to Council as usual with the total annual employee salary schedule update in 2023 as required by the California Public Employees’ Pension Reform Act of 2013 and in compliance with the Fiscal Year 2019-25 Memorandum of Understanding with the Indian Wells Employees Association.

ATTACHMENTS:

1. FY 2022-23 Approved Positions

BEGIN TOP

POSITION RANGE RANGE RANGE
1 City Manager N/A 262,000$ 262,000$
2 Deputy City Manager 70 180,365$ 225,456$
3 Finance Director 68 171,674$ 214,592$
3a Finance Director*N/A 193,157$ 234,789$
4 Public Works Director 67 167,487$ 209,358$
5 Community Development Director 66 163,402$ 204,252$ 6 Information Technology Manager 58 134,111$ 167,639$ 6a Information Technology Manager*N/A 147,213$ 178,943$ 7 Building Official & Code Enforcment Mgr.56 127,649$ 159,561$ 8 Assistant Finance Director 55 124,536$ 155,670$ 9 City Clerk 53 118,535$ 148,169$
10 Housing Manager 50 110,071$ 137,589$
11 Senior Management Analyst 46 99,719$ 124,649$ 12 Senior Management Analyst 46 99,719$ 124,649$ 13 Public Works Manager 46 99,719$ 124,649$
14 Public Works Field Supervisor 44 94,914$ 118,643$ 15 Planner 41 88,137$ 110,172$
16 Management Analyst 40 85,988$ 107,485$
17 Senior Executive Assistant 37 79,848$ 99,810$ 18 Building Inspector II/Code Enforcement Officer 35 76,001$ 95,001$ 19 Accountant 33 72,338$ 90,423$
20 Permit Technician II 31 68,853$ 86,066$
20a Permit Technician II*N/A 81,391$ 98,933$
21 Accounting Technician II 28 63,937$ 79,921$ 21a Accounting Technician II*N/A 66,801$ 81,199$ 22 Administrative Assistant 28 63,937$ 79,921$ 23 Administrative Assistant 28 63,937$ 79,921$ 24 Permit Technician I 27 62,377$ 77,972$
24a Permit Technician I*N/A 70,183$ 85,310$
25 Planning Technician I 27 62,377$ 77,972$
26 Accounting Technician I 26 60,856$ 76,070$
27 Accounting Technician I 26 60,856$ 76,070$
28 Maintenance Worker III 25 59,372$ 74,214$
28a Maintenance Worker III*N/A 66,801$ 81,199$ 29 Maintenance Worker II 21 53,788$ 67,235$
30 Office Assistant 19 51,196$ 63,995$
31 Maintenance Worker I 17 48,729$ 60,911$
32 Maintenance Worker I 17 48,729$ 60,911$
33 Maintenance Worker I 17 48,729$ 60,911$
3,176,731$ 3,883,854$
City of Indian Wells
Approved Positions List w/ Annual Salaries and Ranges
Salaries for Fiscal Year 2022/23
*Hired on or before 02/17/2022
ATTACHMENT #1

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, Finance Director
Subject: Annual Financial Report for the Fiscal Year
Ending June 30, 2022

RECOMMENDED ACTION:

Council RECEIVES and FILES the City’s Annual Financial Report for the fiscal year ending June 30, 2022.

DISCUSSION:

Summary

The Finance Committee met with Davis Farr on November 22, 2022, to review the audit.

Davis Farr presented the audit results and responded to Committee questions and comments. As a result, the Finance Committee recommends approval of the financial statements as presented.

Davis Farr issued an unmodified opinion on the City of Indian Wells Annual Financial Report for the fiscal year ending June 30, 2022. The unmodified opinion is the most favorable result any City can receive. In addition, the City’s annual audit results provided no instances of material weaknesses in the internal control structure or violations of applicable laws and regulations. In addition, each yearly audit offers the opportunity to improve financial reporting based on changes in State and federal law.

Davis Farr spent approximately 900 hours reviewing the City books and concluded that the City's internal controls and accounting procedures met all compliance requirements and testing procedures. The auditor is responsible for communicating matters related to the audit that are, in the auditor's professional judgment, relevant to the responsibilities of those charged with governance in overseeing the financial reporting process.

In addition to the auditor’s communication letters, Davis Farr reports directly to the Finance Committee after every audit. As part of the City's annual audit, reviews determine the adequacy of the internal control structure, and that the City has complied with applicable laws and regulations. This is Davis Farr’s first audit of the City of Indian

Wells under their new contract approved on June 2, 2022. As such, they have provided some recommendations to improve reporting of the City and Golf Resort’s finances, which the Finance Committee considered and suggested they be implemented in the coming weeks, including a weighted average for the calculation of the Resident Amenity Fee at the Golf Resort, others?

Audit Improvements

The Finance Committee is committed to improving the City’s annual audit. The year, the Finance Committee focused on enhancing the audited review of operating procedures at the Golf Resort and the Housing Authority. New onsite testing procedures were performed, and operational inventories were comprehensively reviewed.

New to the City’s testing procedures is an enhanced contract compliance audit with more prominent City vendors. These deeper dive audit(s) focus on reporting operational compliance, quality and quantity validations (did we get what we paid for), and financial performance when appropriate. The first two vendor contract compliance audits are the County of Riverside Sherriff’s Department and Vintage Landscape, and are scheduled to begin in early 2023.

Financial Transparency and Communication

Financial communication with residents and other stakeholders is a fundamental Council Goal. The presentation of the annual financial statements to the residents serves to uphold this Goal. Keeping residents informed is a top priority. In addition to the presentation of the financial statements, Council utilizes the following to keep residents fiscally informed:

1. Council meetings and study secessions to encourage public engagement

2. Finance Committee meetings

3. The Mayor’s letter

4. City Newsletters

5. Fiscal update eblasts

6. The Financial Primer

7. The Capital Improvements overview

8. Indian Wells Check Book

9. The Budget at a Glance

To provide greater transparency and understanding of the City's finances, the City of Indian Wells established a new financial portal on the City's website to continually release and update fiscal information. The portal receives regular updates with the latest City financial information.

Background

Government Code 26909 (a) requires that the City, as a local agency of the County, contract with a certified public accountant to perform an annual audit of the accounts and records of the City and that the audit conforms to generally accepted auditing standards. Further, Government Code 26909 (b) states that an audit report shall be filed with the State Controller and with the County Auditor of the County where the district is located within six months of the end of the fiscal year. Therefore, this report is published to fulfill these requirements for the fiscal year ending June 30, 2022.

The independent auditor’s report is in the financial section of the Annual Financial Report.

Management's Discussion and Analysis (MD&A) immediately follows the independent auditor's report of the Annual Financial Report and provides a narrative introduction, overview, and analysis of the basic financial statements. The MD&A complements the transmittal letter and should be read in conjunction with it.

Residents are encouraged to review the City’s Annual Financial Report, available on the City’s website at: http://www.cityofindianwells.org . In addition, staff will submit the Financial Report to the Government Finance Officers Association for consideration for its annual "Certificate of Achievement for Excellence in Financial Reporting" award. The City has earned this award since 1991.

California Environmental Quality Act (CEQA)

This action has been reviewed per the authority and criteria contained in the California Environmental Quality Act (CEQA), the State and local CEQA Guidelines, and the City's environmental regulations. The City, acting as the Lead Agency, determined that the ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility that the action would result in a significant environmental impact, and because it does not constitute a “project” as defined in Section 15378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: City Council
From: Public Works Department
Prepared by: Ken Seumalo, Public Works Director
Subject: Accept the Indian Wells Golf Resort Sidewalk
Improvements as Complete

RECOMMENDED ACTIONS:

Council APPROVES the Indian Wells Golf Resort Sidewalk Improvement Project as completed in compliance with the project scope, budget, and schedule; and

DIRECTS Staff to certify the project completion with Riverside County.

DISCUSSION:

The sidewalk system on Indian Wells Lane between the Hyatt Resort, Indian Wells Golf Resort, and Renaissance Resort Hotel was confusing and ineffective. During large events at either of the hotels, the guests were seen walking in the streets going between the hotels because of inefficiencies in the old sidewalk system. To address this safety problem, the City Council approved a capital improvement project to realign the sidewalks to be more intuitive. The project also modified the sidewalk access ramps to comply with current Americans with Disability Act standards. Finally, the work modified the Walk of Honor at City Hall to include a flagpole for the newest branch of the United States Armed Forces, Space Force.

A Notice to Proceed was issued to Universal Construction and Engineering on August 8, 2022 for their low bid of $244,786. During the project there was a need to address unanticipated field conditions. As such, Staff evaluated and approved five change orders ranging from constructing additional curbs, correcting an additional sidewalk ramp, and additional asphalt work. The cost of the change orders totaled $31,456. A notice of Completion was issued to the contractor on September 21, 2022 for completion of work.

The project completed within the contract time, in compliance with the approved plans and City Standards, and within the project budget. Staff has attached the Record Plans for reference.

FISCAL IMPACT:

During the 2022 budget review, the City Council approved a budget adjustment from the original $150,000 estimate to $250,000. Staff also rolled forward the previous year’s balance of $38,945 for a total project budget of $288,945. The project cost totaled $276,243 which is below the adjusted project budget of $288,945.

ATTACHMENTS:

1. As Built Improvement Plans

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: City Council
From: Community Development Department
Prepared by: Jon Berg, Community Development Director
Subject: Extension to Professional Services Agreement with DeNovo Planning Group for Comprehensive
General Plan Update and CEQA Documentation

RECOMMENDED ACTION:

Council AUTHORIZES and DIRECTS the City Manager to execute a one (1) year extension to the Professional Services Agreement (“PSA”) with DeNovo Planning Group for the preparation and development of the Comprehensive General Plan Update and required environmental documentation.

DISCUSSION:

BACKGROUND:

On May 21, 2020, the City of Indian Wells Housing Authority (“Authority”) entered into a Professional Services Agreement (“PSA”) with DeNovo Planning Group as a Consultant, to prepare the Comprehensive General Plan Update and required California Environmental Quality Act (“CEQA”) Documentation. This agreement is scheduled to expire on December 31, 2022.

Shortly after DeNovo was given an official Notice to Proceed, the State of California and the City of Indian Wells issued emergency orders responding to the global COVID-19 pandemic. The emergency orders have remained in effect since that time, with varying degrees of stay-at-home orders and social distancing protocols. This has directly affected the progress and efficiency in performing much of DeNovo’s work tasks and has restricted their ability to hold community meetings and engage the affected stakeholders in a timely manner. Additionally, during this same time, new state housing legislation has been promulgated which has resulted in additional housing requirements and programs included in the City’s Housing Element and in multiple rounds of comments and reviews from the California Department of Housing and Community Development (“HCD”). The City also recently commissioned DeNovo Planning Group to do an additional study that

was not part of their original scope of work, which entails studying and documenting the historic nature of the existing housing stock within the City.

Consequently, staff is recommending that the City Council issue a one (1) year extension to the PSA though December 31, 2023 (Attachment 1). This will allow adequate time for staff to continue working with DeNovo and HCD regarding the Housing Element, and ultimately complete the scope of work for the Comprehensive General Plan Update and required CEQA documentation.

ATTACHMENTS:

1. Agreement Extension

November 28, 2022
Ben Ritchie
DeNovo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
Re: Extension of Professional Services Agreement Between the City of Indian Wells and DeNovo Planning Group
Dear Ms. Hughes,
The Professional Services Agreement between the City of Indian Wells (“City”) and DeNovo Planning Group (“Denovo”) dated May 21, 2020 (“Agreement”) is due to expire on December 31, 2022. This letter will memorialize and confirm the extension of the Agreement for one (1) year.

Pursuant to Section 5 of the Agreement, the City and DeNovo may mutually agree to extend the Agreement. By mutually agreeing to this extension, the new expiration date of the Agreement will be December 31, 2023. All provisions of the Agreement and previous Amendments shall remain in full force and effect.

If you agree with extending the Agreement, please indicate by signing and dating where indicated below and returning this letter as soon as possible. If you would like to discuss this letter, please contact myself, or Jon Berg, Community Development Director.

Sincerely,
Christopher Freeland
City Manager
AGREED AND ACCEPTED:

DeNovo Planning Group, a California
Corporation
By:

Its: Ben Ritchie, Principal
_______________________________
DATE
ATTACHMENT #1

THE CITY OF INDIAN WELLS,
a public body, corporate and politic

By:

Its: Christopher Freeland, City Manager

_____________________________
DATE

ATTEST:

By:

Its: Angelica Avila, City Clerk

_____________________________
DATE

APPROVED AS TO FORM:

By:

Its: Todd Leishman, City Attorney

______________________________
DATE

INDIAN WELLS CITY COUNCIL
November 28, 2022

To: City Council
From: Community Development Department
Prepared by: Jon Berg, Community Development Director
Subject: Modification No. 3 of Conditional Use Permit No. 2- 94-2 to construct a new 30,029 square foot spa and
fitness center, pool area, and administrative offices
to replace the existing spa and fitness facilities and
administrative offices at the Eldorado Country Club
(APN:623-070-001,623-072-002,623-072-003)
and FINDS the project to be exempt from the
provisions of the California Environmental Quality
Act (CEQA)

RECOMMENDED ACTION:

Council FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15302, Replacement and Reconstruction; and

ADOPTS Resolution approving Modification No. 3 to Conditional Use Permit No. 2-94-2 for the construction of a new 30,029 square -foot spa and fitness center, pool area, and administrative offices within the Eldorado Country Club.

DISCUSSION:

BACKGROUND AND SETTING:

The Eldorado Country Club (“Applicant”) has provided plans to demolish the existing facility buildings that presently serve as the spa, fitness, and adminis trative offices. The subject buildings total approximately 14,221 square feet in size and are located a short distance northwest of the Clubhouse (Attachment 3).

In addition, the Applicant has submitted plans to construct new facilities. The new series of buildings (“Project”) will consist of a new spa, fitness center and administrative offices, a total of eight (8) separate buildings. The proposed plans label the total buildings (A- H) (See Attachment 4). The newly proposed buildings will be arranged in a “campus

style setting;” which consist of a cluster of buildings that are arranged around a main event space. The design and architectural recommendations of the project have determined that buildings “C” and “E” will have basements to accommodate the st orage and house pool equipment respectively. The project shall be required to fully record a parcel map and abide with all the requirements of the conditions of approval as set forth by the adopted resolution of the Planning Commission (See Attachment 2) and City Council accordingly.

The overall concept of the project is to provide a multi-building compound that implements the standards of modern architecture which consists of a repetitive series of minimalist white, low profile, flat roof buildings. These minimalist buildings will be mostly designed to represent the openness of predominant mid-century design elements with floor to ceiling windows and contiguous glass wall sections. In addition, the finishes of the buildings will continue to compliment the simple proportions of the mid-century modern design features with continuous marble slab clad exterior walls, smooth stucco exterior finishes as well as attached open concrete walkways, pavilions, and breezeways throughout (See Attachment 5).

The separateness of the buildings is planned to allow for each of the buildings to have and serve distinct functions. In the case of this specific project, the main country club amenities will be centralized and set within the core of the cluster of new buildings. The repurposed (3.9 acres) is to include a 20,462 square foot main event turf lawn area, pool, bocce courts, lap pool, and water feature. In addition to the newly planned amenities, the landscape areas will be reconfigured to add approximately 57,985 square feet of drought tolerant planting areas to surround the entire project area and adjacent parking lots. Cumulatively, the newly proposed buildings will be approximately 30,029 square feet in total floor space. These facilities will continue to serve the same land use purpose and function as “private membership facilities”.

The Planning Commission held a duly noticed public hearing on the Project at a special meeting on November 16, 2022, and recommended approval to the City Council 5 to 0.

DESCRIPTION AND ANLYSIS:

The Applicant is requesting approval to modify the previously approved conditional use permit 2-94-2 to modernize and improve the amenities for the existing private membership facilities within the Eldorado Country Club.

The Project conforms to the required findings for modification of a conditional use permit due to the following facts:

Finding: The proposed location of the 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.

Fact: The proposed Project maintains the approval of the original conditional use objectives of the Zoning Code as the Project does not deviate from the original approval or purpose of the designated zoning land use category. The proposed Project remains within the scope of existing General Plan as the project remains as the site designated for the country club facilities, operations, common building areas and open space that have served the county club since the issuance of the original permit. The predesignated service areas and proposed buildings augment the objective of the zoning land use entitlements for the existing club membership. The subject property is in Planning Area 3 (Eldorado County Club), within Subarea 3.1. This Planning Area has an active homeowners’ association and is overlaid by the Golf Course Overlay Zone, which governs uses within the golf course area as well as the areas within the boundaries of the country club.

Finding: The proposed conditional use will comply with each of the applicable provisions of the Zoning Code except for approved Variances.

Fact: The previously approved conditional use permit (CUP 2-94-2) was issued in compliance with the provisions of the Zoning Code at the time which allowed the construction and installation of the building spa, fitness and administrative office facilities that are currently in place.

The approved buildings were intended to allow for adequate and required floor space to provide daily operations and functioning of the spa, fitness center, and administrative offices services. While the modification via the application of a modification to the conditional use permit, the newly proposed buildings are a significant increase in size, the project substantially conforms to with the intent and purpose within the provisional aspects of the Zoning Code, because it continues to allow the country club to operate as a planned community as per compliance with the conditions of the conditional use permit as outlined within the Zoning Code.

Finding: The proposed 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: At the time of the original application in 1994, there were new buildings that were approved for installation at the Eldorado Country Club, these have since served as the spa, fitness, and administrative offices. At the time, these structures were once considered adequate for the day-to-day operation of the country club and to date now have become outdated. Therefore, a new Project has been designed and proposed to provide a more appropriate functioning design space to ex ecute a mid-century modern aesthetic, to accommodate the long-term needs of the Eldorado Country Club members.

The implementation of the entirety of this newly proposed Project will allow for the provisional locations from which to sustain the daily operations and services of the club

membership. The proposed location of the conditional use is in accord with the objectives of this Zoning Code and the purpose of the General Plan and zoning land use category in which the site is located (RVLD/Golf Overlay). These proposed changes are not detrimental to the public health, safety, or welfare or materially injurious to the properties in the vicinity as they allow the county club to remain fully operational and increase the value of the surrounding properties as new improvements and provide an increased number of features for the country club members.

ENVIRONMENTAL ASSESSMENT:

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 acting as Lead Agency, as determined modification to this specific conditional use permit qualifies as being Categorically Exempt from CEQA pursuant to Section 15302, Replacement and Reconstruction – Class 2.

ATTACHMENTS:

1. Resolution

2. Resolution No. PC 2022-16

3. Vicinity Map

4. Project Plans

5. Exterior Materials Board

RESOLUTION NO. 2022-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN
WELLS, CALIFORNIA, APPROVING MODIFICATION NO. 3 TO
CONDITIONAL USE PERMIT NO. 2-94-2 TO CONSTRUCT A NEW
30,029 SQUARE FOOT SPA AND FTINESS CENTER, POOL AREA AND

ADMINISTRATIVE OFFICES AT THE ELDORADO COUNTRY CLUB IN
INDIAN WELLS (APN:623-070-001,623-072-002,623-072-003)

AND FINDING THE PROJECT EXEMPT FROM CEQA
WHEREAS, Eldorado Country Club (the “Applicant”), has filed applications with the City of Indian Wells (the “City”) for approval of a Modification No. 3 of Conditional Use Permit No. 2-94-2 to demolish the existing spa, fitness center, and administrative offices and build new facilities, including a new 30,029 square foot spa and fitness center, pool area and administrative offices, in their place (the “Project”); and
WHEREAS, on November 16, 2022, the Planning Commission held a duly noticed public hearing on the Project and recommended approval to City Council; and WHEREAS, notice of a public meeting of the City Council to consider the Applicant's request was given in accordance with applicable law; and
WHEREAS, on November 28, 2022, at a special meeting held by the City Council, the item was considered as part of the consent agenda; and
WHEREAS, pursuant to the Indian Wells Municipal Code Section 21.06.040(d), findings shall be made for consideration by the Planning Commission for any application for a conditional use permit, or for modification to an existing conditional use permit, to ensure conformance with the City’s Zoning Code, the public health, safety, or welfare, and General Plan; and WHEREAS, after careful consideration of the staff report, public testimony and all the information presented as part of the public record, the City Council finds as follows:

Conditional Use Permit Findings:

1.The proposed location of the 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.

Fact: The proposed Project maintains the approval of the original conditional use objectives of the Zoning Code as the Project does not deviate from the original approval or purpose of the designated zoning land use category. The proposed Project remains within the scope of existing General Plan as the project remains as the site designated for the country club facilities, operations, common building areas and open space that have served the county club since the issuance of the original permit. The predesignated service areas and proposed buildings augment the objective of the zoning land use entitlements for the existing club membership. The subject property is in Planning Area 3 (Eldorado County Club), within Subarea 3.1. This Planning Area has an active homeowners’ association and is overlaid by the Golf Course Overlay Zone, which governs ATTACHMENT #1

City of Indian Wells
Resolution No. 2022-44

uses within the golf course area as well as the areas within the boundaries of the country club.

2. The proposed conditional use will comply with each of the applicable provisions of the Zoning Code except for approved Variances.

Fact: The previously approved conditional use permit (CUP 2-94-2) was issued in compliance with the provisions of the Zoning Code at the time which allowed the construction and installation of the building spa, fitness and administrative office facilities that are currently in place.

The approved buildings were intended to allow for adequate and required floor space to provide daily operations and functioning of the spa, fitness center, and administrative offices services. While the modification via the application of a modification to the conditional use permit, the newly proposed buildings are a significant increase in size, the project substantially conforms to with the intent and purpose within the provisional aspects of the Zoning Code, because it continues to allow the country club to operate as a planned community as per compliance with the conditions of the conditional use permit as outlined within the Zoning Code.

3. The proposed 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: At the time of the original application in 1994, there were new buildings that were approved for installation at the Eldorado Country Club, these have since served as the spa, fitness, and administrative offices. At the time, these structures were once considered adequate for the day-to-day operation of the country club and to date now have become outdated. Therefore, a new Project has been designed and proposed to provide a more appropriate functioning design space to execute a mid-century modern aesthetic, to accommodate the long-term needs of the Eldorado Country Club members.

The implementation of the entirety of this newly proposed Project will allow for the provisional locations from which to sustain the daily operations and services of the club membership. The proposed location of the conditional use is in accord with the objectives of this Zoning Code and the purpose of the General Plan and zoning land use category in which the site is located (RVLD/Golf Overlay). These proposed changes are not detrimental to the public health, safety, or welfare or materially injurious to the properties in the vicinity as they allow the county club to remain fully operational and increase the value of the surrounding properties as new improvements and provide an increased number of features for the country club members.

Environmental Findings:

1. 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.

City of Indian Wells
Resolution No. 2022-44

FACT: Modification No. 3 to Conditional Use Permit No. 2-94-2 would not create new significant impacts or substantially increase the severity of previously assessed impacts.

Furthermore, the use proposed by this Modification No. 3 to Conditional Use Permit No. 2- 94-2 qualifies as being Categorically Exempt from CEQA pursuant to Section 15302, Replacement and Reconstruction – Class 2, of the CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of Indian Wells RESOLVES as follows:

SECTION 1. The City Council ADOPTS Resolution No. 2022-44 approving Modification No. 3 of Conditional Use Permit No. 2-94-2 to allow for the improvements to the Eldorado Country Club (Spa, Fitness Center, Administration Offices), subject to the conditions 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.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a special meeting held on this 28th day of November 2022.

____________________________

DANA REED
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2022-44

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 28th day of November 2022, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

City of Indian Wells
Resolution No. 2022-44

EXHIBIT “A”

Conditions of Approval for
Modification No. 3 to Conditional Use Permit (CUP) No. 2-94-2 Resolution No. 2022-44
Eldorado Country Club (Spa, Fitness Center, Administrative Offices) November 28, 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 or City Council. 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. This approval of modification No.3 to CUP No. 2-94-2 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 shall mean the application and approval of required City approvals for the Eldorado Country Club (Spa, Fitness Center, Administration Offices).

3. All applicable Conditions of Approval adopted by the City Council for Conditional Use Permit No. 2-94-2 (Eldorado Country Club) either through Conditions of Approval or Meeting Minutes shall remain in full force and effect, except as modified herein.

4. Unless modified by a variance, all Residential Very Low Density with Golf Overlay (RVLD/GO) development standards shall be in effect.

5. All proposed exterior building elevation, landscape and hardscape design modifications within the center must obtain Architecture and Landscape Review approval prior to obtaining building permits in accordance with Chapter 21.60 of the Indian Wells Zoning Code.

6. All signage must be in compliance with the approved Eldorado Country Club Planned Sign Program pursuant to Indian Wells Municipal Code Chapter 17.20 and all other applicable Code sections. Proposed deviations from the approved Planned Sign Program shall be submitted for consideration as an application in compliance with Indian Wells Municipal Code Section 17.20.010(b).

City of Indian Wells
Resolution No. 2022-44

7. 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 be a minimum requirement for acceptance of construction drawings for the Building Division plan check review.

8. 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.

9. The applicant must obtain written verification from the City Community Development Director, Building Official and Fire Marshal, or designees, of compliance with all Conditions of Approval and Code requirements, prior to commencement of operations of the Eldorado Country Club (Spa, Fitness Center, Administration Buildings) as approved by this modification No. 3 to CUP No. 2-94-2.

10. Upon final approval by the City Council, the applicant shall agree in writing to these Conditions of Approval.

Conditionally Permitted Uses:

11. The following uses shall be conditionally permitted uses as allowed by CUP No. 2-94-2:
a. Residential Very Low Density with Golf Overlay.

Parking:

12. All vehicle and golf cart parking provided on site at the country club facilities shall be provided in order to meet City parking requirements. The Applicant must submit an approvable parking plan that meets the requirements of the Municipal Code Section

21.100 Parking Standard Design Requirements and Review Procedures.

SITE IMPROVEMENTS/ARCHITECTURE:

1. 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.

2. 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.

3. 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

City of Indian Wells
Resolution No. 2022-44

integrated means subject to review and approval by the Community Development Director, or designee.

LANDSCAPING:

4. 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.

5. 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 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. Landscaping shall be located so as not to interfere with sight distance from driveways and public rights of way.

11. 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.

12. 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.

City of Indian Wells
Resolution No. 2022-44

LIGHTING:

13. 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 permanent light fixtures proposed for the Project. The plan shall include a photometric diagram depicting illumination levels.

14. 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.

15. 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.

16. 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.

17. 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:

18. The developer shall submit for plan check review and approval a final map.

19. The final map shall be prepared by a licensed land surveyor or registered civil engineer, subject to all the requirements of the State of Californian Subdivision Map Act and City Municipal Code. Such a map shall show all existing easements, proposed easements, travel ways, and drainage courses.

20. The final map shall be recorded prior to the issuance of a building permit.

21. A Preliminary Geotechnical Investigation and Report shall be prepared by a California licensed Geotechnical Engineer and submitted to and reviewed by the City Public Works Department, prior to commencement of any rough or precise grading activities.

Said report shall be referenced on Rough Grading and Precise Grading Plans. Said report shall comply with the City of Indian Wells Geotechnical Policy Guideline. All grading shall conform to the recommendations contained in the Preliminary Geotechnical Investigation and Report and shall be observed by the Geotechnical Engineer of Record.

City of Indian Wells
Resolution No. 2022-44

22. A Rough Grading plan shall identify volume of cut and fill materials, Haul routes for import or export of materials shall be identified and measured for road condition monitoring and repair shall be approved by the Public Works Director.

23. 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.

24. 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.

D. Final WQMP

25. The applicant shall be required to prepare and submit to the City for approval a Fugitive Dust Mitigation Application and Plan. Dust and vehicular track-out shall be controlled in accordance with an approved plan, including but not limited to daily cleaning of dirt and debris from all adjacent streets. Dirt and debris shall not be permitted to enter any storm drain system. During periods of high winds or wind gusts exceeding 25 mph, all grading shall cease, and the site shall be continuously watered to prevent fugitive dust.

26. 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. The WDID number shall be on the approved grading plan prior to grading permit issuance.

27. In accordance with the requirements of the Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit (MS4 Permit) No. CAS617002 (Order No. R7-2013-0011) adopted on May 25, 2008, by the State Regional Water Quality Control Board, a final, project-specific Water Quality Management Plan (WQMP) shall be submitted by the Applicant to the City for review and approval prior to issuance of any building or grading permits. The WQMP shall substantially conform to the requirements of the latest edition of the “Whitewater River Region Water Quality Management Plan for Urban Runoff”. The property owner shall record a “Covenant and Agreement” with the County-Clerk Recorder or other instrument acceptable to the City on a standardized form to inform future property owners of the requirement to implement the approved project-specific WQMP.

City of Indian Wells
Resolution No. 2022-44

28. Project shall comply with CVWD drainage standards including detention and de- siltation. All drainage plans shall be approved by the City prior to construction. Flows entering the any natural or earthen watercourse shall be non-erosive.

29. 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 to conceal construction activity from public view.

30. 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 rights-of-way.

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.

31. Where proposed, 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.

32. Any new utilities or those requiring relocation to service the Project shall be placed underground and coordinated and paid for by the applicant.

33. All existing improvements intended to be protected in place, including but not limited to monumentation, curb, sidewalk, and traffic 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.

34. All improvements shall be constructed per Indian Wells Standards and/or Greenbook.

35. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall:
o Demonstrate that all structural BMPs have been constructed, installed, and are functioning in conformance with approved plans and specifications and the WQMP; o Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; o Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and o The developer shall provide all education guidelines for Water Quality Management Practices to the tenants, operators, and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals

City of Indian Wells
Resolution No. 2022-44

of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan.

36. The property owner (aka Legally Responsible Party) shall execute and cause to be recorded a “Covenant and Agreement” in the form provided by the City to inform future property owners of the requirement to implement the approved final project specific WQMP.

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.

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 hydrants.

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 of minimum gurney size.

City of Indian Wells
Resolution No. 2022-44

45. Conditions are subject to change with the 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.

48. In accordance with the City’s Franchise Agreement for waste disposal & recycling, the developer shall be required to contract with Burrtec for removal and disposal of all waste material, debris, vegetation, and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction.

49. 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.

50. 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.

51. 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.

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

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

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

55. 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.

City of Indian Wells
Resolution No. 2022-44

56. 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.

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

58. 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.
 Regularly scheduled job-site meetings.

CONSERVATION:

59. 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.

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

61. 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.

City of Indian Wells
Resolution No. 2022-44

62. 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.

63. 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.

UTILITIES:

64. The developer shall apply for, obtain, and submit a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (SCE NIL).

65. 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.

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

67. 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):

68. 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.

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

70. 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.

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

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

City of Indian Wells
Resolution No. 2022-44

SOUTHERN CALIFORNIA EDISON (SCE):

73. The Applicant shall contact SCE to discuss energy conserving measures including day lighting, thermal storage, and passive solar applications. The 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.

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

SOUTHERN CALIFORNIA GAS COMPANY:

75. 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.

76. 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:

77. 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.

78. 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

79. 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.

City of Indian Wells
Resolution No. 2022-44

80. 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.

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

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

83. 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:

84. 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: $ 50 - “Administrative Fee” to file the Notice of Exemption

END OF CONDITIONS

RESOLUTION NO. PC 2022-16

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

INDIAN WELLS, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
APPROVAL OF MODIFICATION NO. 3 TO CONDITIONAL USE
PERMIT NO. 2-94-2 TO CONSTRUCT A NEW 30,029 SQUARE FOOT

SPA AND FTINESS CENTER, POOL AREA AND ADMINISTRATIVE

OFFICES AT THE ELDORADO COUNTRY CLUB IN INDIAN WELLS
(APN:623-070-001,623-072-002,623-072-003)
WHEREAS, Eldorado Country Club (the “Applicant”), has filed applications with the City of Indian Wells (the “City”) for approval of a Modification No. 3 of Conditional Use Permit No. 2-94-2 to demolish the existing spa, fitness center, and administrative offices and build new facilities, including a new 30,029 square foot spa and fitness center, pool area and administrative offices, in their place (the “Project”); and WHEREAS, notice of a public hearing of the Planning Commission of the City to consider the Applicant's request was given in accordance with applicable law; and WHEREAS, on November 16, 2022, a duly noticed public hearing on the Project was held by the Planning Commission; and
WHEREAS, pursuant to the Indian Wells Municipal Code Section 21.06.040(d), findings shall be made for consideration by the Planning Commission for any application for a conditional use permit, or for modification to an existing conditional use permit, to ensure conformance with the City’s Zoning Code, the public health, safety, or welfare, and General Plan; and
WHEREAS, after careful consideration of the staff report, public testimony and all the information presented at the hearing, the Planning Commission finds as follows:

Conditional Use Permit Findings:

1.Finding: The proposed location of the 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.

Fact: The proposed Project maintains the approval of the original conditional use objectives of the Zoning Code as the Project does not deviate from the original approval or purpose of the designated zoning land use category. The proposed Project remains within the scope of existing General Plan as the project remains as the site designated for the country club facilities, operations, common building areas and open space that have served the county club since the issuance of the original permit. The predesignated service areas and proposed buildings augment the objective of the zoning land use entitlements for the existing club membership. The subject property is in Planning Area 3 (Eldorado County Club), within Subarea 3.1.

ATTACHMENT #2

City of Indian Wells
Resolution No. PC 2022-16

This Planning Area has an active homeowners’ association and is overlaid by the Golf Course Overlay Zone, which governs uses within the golf course area as well as the areas within the boundaries of the country club.

2. Finding: The proposed conditional use will comply with each of the applicable provisions of the Zoning Code except for approved Variances.

Fact: The previously approved conditional use permit (CUP 2-94-2) was issued in compliance with the provisions of the Zoning Code at the time which allowed the construction and installation of the building spa, fitness and administrative office facilities that are currently in place.

The approved buildings were intended to allow for adequate and required floor space to provide daily operations and functioning of the spa, fitness center, and administrative offices services. While the modification via the application of a modification to the conditional use permit, the newly proposed buildings are a significant increase in size, the project substantially conforms to with the intent and purpose within the provisional aspects of the Zoning Code, because it continues to allow the country club to operate as a planned community as per compliance with the conditions of the conditional use permit as outlined within the Zoning Code.

3. Finding: The proposed 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: At the time of the original application in 1994, there were new buildings that were approved for installation at the Eldorado Country Club, these have since served as the spa, fitness, and administrative offices. At the time, these structures were once considered adequate for the day-to-day operation of the country club and to date now have become outdated. Therefore, a new Project has been designed and proposed to provide a more appropriate functioning design space to execute a mid-century modern aesthetic, to accommodate the long-term needs of the Eldorado Country Club members.

The implementation of the entirety of this newly proposed Project will allow for the provisional locations from which to sustain the daily operations and services of the club membership. The proposed location of the conditional use is in accord with the objectives of this Zoning Code and the purpose of the General Plan and zoning land use category in which the site is located (RVLD/Golf Overlay). These proposed changes are not detrimental to the public health, safety, or welfare or materially injurious to the properties in the vicinity as they allow the county club to remain fully operational and increase the value of the surrounding properties as new improvements and provide an increased number of features for the country club members.

City of Indian Wells
Resolution No. PC 2022-16

Environmental Findings:

Modification No. 3 to Conditional Use Permit No. 2-94-2, 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 proposed modification is not expected to create new significant impacts or substantially increase the severity of previously assessed impacts. Furthermore, the use proposed by this Modification No. 3 to Conditional Use Permit No. 2-94-2 qualifies as being Categorically Exempt from CEQA pursuant to Section 15302, Replacement and Reconstruction – Class 2, of the CEQA Guidelines.

NOW, THEREFORE, the Planning Commission of the City of Indian Wells RESOLVES as follows:

Section 1. The Planning Commission recommends to the City Council APPROVAL of Modification No. 3 of Conditional Use Permit No. 2-94-2 to allow for the improvements to the Eldorado Country Club (Spa, Fitness Center, Administration Offices), subject to the conditions listed on Exhibit “A” attached hereto and by this reference incorporated herein.

Section 2. The Community Development Director shall transmit this recommendation to the City Council, and Modification No. 3 of CUP No. 2-94-2 shall be scheduled for a public hearing before the City Council.

Section 3. The Planning Department 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.

PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Indian Wells, California, at a regular meeting held on this 16th day of November 2022.

____________________________

JIM SNELLENBERGER
CHAIR

City of Indian Wells
Resolution No. PC 2022-16

CERTIFICATION FOR RESOLUTION NO. PC 2022-16

I, Jon Berg, Community Development Director of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the Planning Commission is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the Planning Commission of the City of Indian Wells on the 16th day of November 2022, by the following vote:

AYES:

NOES:

EXCUSED:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

JON BERG CRAIG HAYES

COMMUNITY CITY ATTORNEY

DEVELOPMENT DIRECTOR

City of Indian Wells
Resolution No. PC 2022-16

EXHIBIT “A”

Conditions of Approval for
Modification No. 3 to Conditional Use Permit (CUP) No. 2-94-2 Resolution No. PC 2022-16
Eldorado Country Club (Spa, Fitness Center, Administrative Offices) November 16, 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 or City Council. 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. This approval of modification No.3 to CUP No. 2-94-2 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 shall mean the application and approval of required City approvals for the Eldorado Country Club (Spa, Fitness Center, Administration Offices).

3. All applicable Conditions of Approval adopted by the City Council for Conditional Use Permit No. 2-94-2 (Eldorado Country Club) either through Conditions of Approval or Meeting Minutes shall remain in full force and effect, except as modified herein.

4. Unless modified by a variance, all Residential Very Low Density with Golf Overlay (RVLD/GO) development standards shall be in effect.

5. All proposed exterior building elevation, landscape and hardscape design modifications within the center must obtain Architecture and Landscape Review approval prior to obtaining building permits in accordance with Chapter 21.60 of the Indian Wells Zoning Code.

6. All signage must be in compliance with the approved Eldorado Country Club Planned Sign Program pursuant to Indian Wells Municipal Code Chapter 17.20 and all other applicable Code sections. Proposed deviations from the approved Planned Sign Program shall be submitted for consideration as an application in compliance with Indian Wells Municipal Code Section 17.20.010(b).

City of Indian Wells
Resolution No. PC 2022-16

7. 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 be a minimum requirement for acceptance of construction drawings for the Building Division plan check review.

8. 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.

9. The applicant must obtain written verification from the City Community Development Director, Building Official and Fire Marshal, or designees, of compliance with all Conditions of Approval and Code requirements, prior to commencement of operations of the Eldorado Country Club (Spa, Fitness Center, Administration Buildings) as approved by this modification No. 3 to CUP No. 2-94-

2. 10. Upon final approval by the City Council, the applicant shall agree in writing to these Conditions of Approval.

Conditionally Permitted Uses:

11. The following uses shall be conditionally permitted uses as allowed by CUP No. 2- 94-2:
a. Residential Very Low Density with Golf Overlay.

Parking:

12. All vehicle and golf cart parking provided on site at the country club facilities shall be provided in order to meet City parking requirements. The Applicant must submit an approvable parking plan that meets the requirements of the Municipal Code Section 21.100 Parking Standard Design Requirements and Review Procedures.

SITE IMPROVEMENTS/ARCHITECTURE:

1. 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.

2. A precise wall plan indicating the design, location and construction details of all new walls and fences shall be submitted to the Community Development

City of Indian Wells
Resolution No. PC 2022-16

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.

3. 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:

4. 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.

5. 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 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.

6. 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.

7. 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.

8. 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.

9. 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.

City of Indian Wells
Resolution No. PC 2022-16

10. Landscaping shall be located so as not to interfere with sight distance from driveways and public rights of way.

11. 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.

12. 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:

13. 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 permanent light fixtures proposed for the Project. The plan shall include a photometric diagram depicting illumination levels.

14. 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.

15. 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.

16. 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.

17. 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.

City of Indian Wells
Resolution No. PC 2022-16

PUBLIC WORKS/ENGINEERING:

18. The developer shall submit for plan check review and approval a final map.

19. The final map shall be prepared by a licensed land surveyor or registered civil engineer, subject to all the requirements of the State of Californian Subdivision Map Act and City Municipal Code. Such a map shall show all existing easements, proposed easements, travel ways, and drainage courses.

20. The final map shall be recorded prior to the issuance of a building permit.

21. A Preliminary Geotechnical Investigation and Report shall be prepared by a California licensed Geotechnical Engineer and submitted to and reviewed by the City Public Works Department, prior to commencement of any rough or precise grading activities. Said report shall be referenced on Rough Grading and Precise Grading Plans. Said report shall comply with the City of Indian Wells Geotechnical Policy Guideline. All grading shall conform to the recommendations contained in the Preliminary Geotechnical Investigation and Report and shall be observed by the Geotechnical Engineer of Record.

22. A Rough Grading plan shall identify volume of cut and fill materials, Haul routes for import or export of materials shall be identified and measured for road condition monitoring and repair shall be approved by the Public Works Director.

23. 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.

24. 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.

D. Final WQMP

25. The applicant shall be required to prepare and submit to the City for approval a Fugitive Dust Mitigation Application and Plan. Dust and vehicular track-out shall be controlled in accordance with an approved plan, including but not limited to daily cleaning of dirt and debris from all adjacent streets. Dirt and

City of Indian Wells
Resolution No. PC 2022-16

debris shall not be permitted to enter any storm drain system. During periods of high winds or wind gusts exceeding 25 mph, all grading shall cease, and the site shall be continuously watered to prevent fugitive dust.

26. 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. The WDID number shall be on the approved grading plan prior to grading permit issuance.

27. In accordance with the requirements of the Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit (MS4 Permit) No. CAS617002 (Order No. R7-2013-0011) adopted on May 25, 2008, by the State Regional Water Quality Control Board, a final, project- specific Water Quality Management Plan (WQMP) shall be submitted by the Applicant to the City for review and approval prior to issuance of any building or grading permits. The WQMP shall substantially conform to the requirements of the latest edition of the “Whitewater River Region Water Quality Management Plan for Urban Runoff”. The property owner shall record a “Covenant and Agreement” with the County-Clerk Recorder or other instrument acceptable to the City on a standardized form to inform future property owners of the requirement to implement the approved project-specific WQMP.

28. Project shall comply with CVWD drainage standards including detention and de-siltation. All drainage plans shall be approved by the City prior to construction. Flows entering the any natural or earthen watercourse shall be non-erosive.

29. 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 to conceal construction activity from public view.

30. 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 rights-of-way. 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.

City of Indian Wells
Resolution No. PC 2022-16

31. Where proposed, 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.

32. Any new utilities or those requiring relocation to service the Project shall be placed underground and coordinated and paid for by the applicant.

33. All existing improvements intended to be protected in place, including but not limited to monumentation, curb, sidewalk, and traffic 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.

34. All improvements shall be constructed per Indian Wells Standards and/or Greenbook.

35. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall:
o Demonstrate that all structural BMPs have been constructed, installed, and are functioning in conformance with approved plans and specifications and the WQMP;
o Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; o Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and o The developer shall provide all education guidelines for Water Quality Management Practices to the tenants, operators, and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan.

36. The property owner (aka Legally Responsible Party) shall execute and cause to be recorded a “Covenant and Agreement” in the form provided by the City to inform future property owners of the requirement to implement the approved final project specific WQMP.

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

City of Indian Wells
Resolution No. PC 2022-16

be expected to provide for proportional mitigation to these impacts via capital improvements and/or impact fees.

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 hydrants.

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 of minimum gurney size.

45. Conditions are subject to change with the 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.

City of Indian Wells
Resolution No. PC 2022-16

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.

48. In accordance with the City’s Franchise Agreement for waste disposal & recycling, the developer shall be required to contract with Burrtec for removal and disposal of all waste material, debris, vegetation, and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction.

49. 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.

50. 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.

51. 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.

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

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

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

55. 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.

56. 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.

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

City of Indian Wells
Resolution No. PC 2022-16

58. 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.
 Regularly scheduled job-site meetings.

CONSERVATION:

59. 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.

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

61. 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.

City of Indian Wells
Resolution No. PC 2022-16

62. 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.

63. 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.

UTILITIES:

64. The developer shall apply for, obtain, and submit a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (SCE NIL).

65. 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.

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

67. 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):

68. 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.

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

70. 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.

City of Indian Wells
Resolution No. PC 2022-16

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

72. 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):

73. The Applicant shall contact SCE to discuss energy conserving measures including day lighting, thermal storage, and passive solar applications. The 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.

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

SOUTHERN CALIFORNIA GAS COMPANY:

75. 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.

76. 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:

77. 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.

78. 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 of Indian Wells
Resolution No. PC 2022-16

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

79. 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.

80. 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.

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

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

83. 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:

84. 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 Rive rside County Clerk within 5 days of City Council approval. Project approval shall not be complete until the required fee(s) is (are) paid: $ 50 - “Administrative Fee” to file the Notice of Exemption

END OF CONDITIONS

VICINITY MAP

ELDORADO COUNTRY CLUB
ATTACHMENT #3

VICINITY MAP

ELDORADO COUNTRY CLUB
(APPROXIMATE PROJECT AREA)

PROJECT SITE
NORTH
TRUE

E ELDORADO DRIVE
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FAIRWAY DRIVE

APPLICABLE CODES & STANDARDS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:

1. TITLE 24, PART 1, 2019 BUILDING STANDARDS ADMINISTRATIVE CODE

2. TITLE 24, PART 2, 2019 CALIFORNIA BUILDING CODE (CBC)

3. TITLE 24, PART 3, 2019 CALIFORNIA ELECTRICAL CODE

4. TITLE 24, PART 4, 2019 CALIFORNIA MECHANICAL CODE

5. TITLE 24, PART 5, 2019 CALIFORNIA PLUMBING CODE

6. TITLE 24, PART 6, 2019 CALIFORNIA ENERGY CODE

7. TITLE 24, PART 9, 2019 CALIFORNIA FIRE CODE

8. TITLE 24, PART 11, 2019 CALIFORNIA GREEN BUILDING STANDARDS

9. TITLE 19, PUBLIC SAFETY, STATE FIRE MARSHAL

10. AMERICAN WITH DISABILITIES ACT (ADA) LATEST EDITION ADDRESS:46014 ELDORADO DR
INDIAN WELLS, CA 92210
APN:623-072-001, 623-072--002, & 623-072-003

CODE ENFORCEMENT
JURISDICTION:CITY OF INDIAN WELLS
EXISTING USE:SPA AND FITNESS BUILDING FOR COUNTRY CLUB
USE
PROPOSED USE:NO CHANGE
ZONING INFO:OPEN SPACE GOLF AND RECREATION,
PLANNING AREA 3.1
SITE AREA:3.9 ACRES
POTENTIAL HISTORIC RESOURCE: NO

DESIGNATED HISTORIC SITE NO
SPECIAL APPROVALS:MODIFCATION TO EXISTING CUP NO. 2-94-2

TYPE OF CONSTRUCTION III-B
OCCUPANCY CLASSIFICATION A-2, B, S NON SEPARATED
(CBC CHAPTER 3)

SPECIAL USE AND OCCUPANCY NA
(CBC CHAPTER 4)

SPECIAL PROVISIONS NA
(CBC-2019 CHAPTER 510)

ACCESSORY OCCUPANCIES NA

MIXED OCCUPANCY YES, NON SEPARATED

BUILDING HEIGHT
ALLOWED:55 FEET, 2 STORIES
PROPOSED:16 FEET, 2 STORIES

BUILDING AREA
BASE ALLOWABLE AREA:9,500 SF
BUILDING AREA MODIFICATION:
(CBC SECTION 506)
SINGLE OCCUPANCY MULTI-STORY: Aa= [At + (NSxLf)] x Sa
Aa= [28,500 + (9,500x.166)] x 2 = 60,166

FRONTAGE AREA INCREASE
a. PERIMETER WHICH FRONTS A PUBLIC WAY >20' WIDE: 557' (F) b. TOTAL BLDG. PERIMETER:1,114' (P)
c. RATIO (F/P):.5
d. W = MIN. WIDTH OF PUBLIC WAY:20' (W)
e. PERCENT OF FRONTAGE INCREASE
If = [F/P - 0.25] x W/30 .166( If)
ALLOWABLE BUILDING AREA 60,166 SF
PROPOSED BUILDING AREA 25,000 SF ABOVE GRADE 38,000 BELOW

OCCUPANT LOAD
REFER TO EGRESS PLANS FOR TABULATION.

FIRE-RESISTANCE RATING REQUIREMENTS

BUILDING ELEMENT FIRE-RESISTANCE RATING (HRS)
PRIMARY STRUCTURAL FRAME 0
EXT. BEARING WALLS 2
INT. BEARING WALLS 0

FLOOR CONSTRUCTION AND ASSOCIATED
SECONDARY MEMBERS 0

ROOF CONSTRUCTION AND ASSOCIATED
SECONDARY MEMBERS 0

LIFE SAFETY SYSTEMS
SPRINKLERS:YES, NFPA 13
STANDPIPES:YES, WET
FIRE ALARM:YES MONITORED: YES
SMOKE DETECTION:YES

BRAND NEW GROUND UP SINGLE STORY SPA, FITNESS, AND OFFICE BUILDINGS WITH

LIMITED UNDERGROUND BASEMENT SPACE FOR STORAGE, MECHANICAL, AND POOL EQUIPMENT SPACE.

SITE WORK INCLUDES 2 NEW POOLS AND SPA, ALONG WITH LANDSCAPING AND HARDSCAPE.

BLDG E
BLDG F
BLDG H
BLDG A
BLDG G
BLDG D
BLDG B
BLDG C
2564 SF
6377 SF

FITNESS

FLEX/GROUP FITNESS
1760 SF
CAFE
3900 SF
1572 SF

FITNESS ADMIN
OFFICE
1676 SF

LOCKER ROOM
2308 SF
SPA
1660 SF

LOCKER ROOM
38 129
175
304
157
183
342

NEW PARKINGEXISTING PARKING TOTAL PARKING
CAR
CART
ADA
TOTAL

GRAND TOTAL
28 8
342
2 2
PROJECT NO.

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21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

COVER SHEET
G-001.B

09.21.2022CUP MODIFICATION

SUBMITTAL
TEL:

FAX:

CONTACT:

ARCHITECT

DELAWIE
1515 MORENA BLVD
SAN DIEGO, CA 92101
619.299.6690
619.299.5513

ALISON MORITA, LEED AP,

ASSOCIATE
TEL:

FAX:

CONTACT:

OWNER/ CLIENT

ELDORADO COUNTRY CLUB
46000 FAIRWAY DRIVE
INDIAN WELLS, CA 92210
760.346.8081

MARK MILLER, GENERAL MANAGER
TEL:

FAX:

CONTACT:

CIVIL

MICHAEL BAKER, INTERNATIONAL
9755 CLARIEMONT MESA BLVD, SUITE 100
SAN DIEGO, CA 92124-1333
858.614.5009
BRIAN STUP, PE, SR. PROJECT

MANAGER
TEL:

FAX:

CONTACT:

LANDSCAPE

BURTON LANDSCAPE ARCHITECTURE
STUDIO
307 S CEDROS AVENUE
SOLANA BEACH, CA 92075
858.794.7204

REID KATKOV, PROJECT DIRECTOR
TEL:

FAX:

CONTACT:

LIGHTING DESIGNER

OHM LIGHT
371 LAKEPORT BLVD, #355
LAKEPORT, CA 95453
415.215.1436

TERRY OHM

AREA SCHEDULE (BUILDING AREA)

LEVEL AREA
BASEMENT 8057 SF
MAIN LEVEL 21865 SF
GRAND TOTAL 29922 SF

ELDORADO COUNTRY CLUB SPA & FITNESS
CUP MODIFICATION SUBMITTAL -09.21.2022

VICINITY MAP

APPLICABLE CODES

PROJECT DATA

BUILDING CODE DATAPROJECT SHEET INDEX-CUP
SHEET

NUMBER SHEET NAME

SHEET ISSUE
DATE

GENERAL
G-001.B COVER SHEET 09.21.22
G-200 AXONOMETRIC 09.20.22
CIVIL
C-01 EXISTING CONDITIONS 09.21.22
C-02 OVERALL SITE PLAN 09.21.22
C-03 GRADING PLAN 09.21.22
C-04 PRIVATE UTILITY PLAN 09.21.22
C-05 FIRE ACCESS PLAN 09.21.22

LANDSCAPE
LC-101 LANDSCAPE SITE PLAN 09.21.22
LC-102 LANDSCAPE SITE PLAN 09.21.22
LC-103 LANDSCAPE SITE PLAN 09.21.22
LC-104 LANDSCAPE SITE PLAN 09.21.22
LC-105 LANDSCAPE SITE PLAN 09.21.22
LC-106 LANDSCAPE SITE PLAN 09.21.22
LC-107 LANDSCAPE SITE PLAN 09.21.22
LC-108 PLANTING IMAGES 09.21.22

ARCHITECTURAL-CUP
AS100 SITE PLAN 08.23.22
A-101.4 BASEMENT PLAN - BLDG E 09.20.22
A-101.5 OVERALL FLOOR PLAN 09.21.22
A-101.6 ROOF HEIGHT EXHIBIT 09.21.22
A-201 EXTERIOR ELEVATIONS 09.21.22
A-202 EXTERIOR ELEVATIONS 09.21.22
A-203 EXTERIOR ELEVATIONS 09.21.22
A-204 EXTERIOR ELEVATIONS 09.21.22
A-205 EXTERIOR ELEVATIONS 09.21.22
A-211 RENDERINGS 09.21.22

LIGHTING
AL-001 FIXTURE SCHEDULE 09.20.22
AL-100 SITE LIGHTING PLAN 09.20.22

SHEET COUNT - CUP

DISCIPLINE COUNT
GENERAL 2
CIVIL 5
LANDSCAPE 8
ARCHITECTURAL-CUP 10
LIGHTING 2
GRAND TOTAL 27

PROJECT SUMMARY

AREA TABULATION
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.PARKING SCHEDULE

09.21.22 09.21.22

09.21.22 09.21.22

09.21.22 FRANK S.T ERNASKY
C-25718
05/31/23

LICENSED A R CHITECT

STATE OF CALIFORNIA
REN
46014 E ELDORADO DRATTACHMENT # 4 INDIAN WELLS, CA 92210

PROJECT NO.

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A
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21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

AXONOMETRIC
G-200

09.20.2022

UPDATED PRICING
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

A1 AXONOMETRIC
11'-2"
14'-3"
17'-0"
14'-9"
12'-3"
16'-6"
15'-4"
17'-0"
13'-3"
13'-3"
13'-3"
11'-0"
13'-0"
FRANK S.T ERNASKY
C-25718
05/31/23

LICENSED A R CHITECT

STATE OF CALIFORNIA
REN

09.21.2022CUP MODIFICATION

SUBMITTAL

W
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S
T

E
L
D
O
R
A
D
O

D
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I
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PROJECT NO.

Sheet Title
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C
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E
6 21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

DESIGN DEVELOPMENT

SUBMITTAL
REV
DATE

ISSUED REASON

CIVIL ENGINEER

MICHAEL BAKER INTERNATIONAL
9755 CLAIREMONT MESA BLVD.

SAN DIEGO, CA 92124

06.01.22 SCHEMATIC DESIGN

NOT FOR CONSTRUCTION

08.15.22 DESIGN DEVELOPMENT

09.20.22 UPDATED PRICING

DEMOLITION SHEET
C-01
B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

W
E
S
T

E
L
D
O
R
A
D
O

D
R
I
V
E

AREA F AREA G
AREA E
AREA B
AREA D
AREA H
EX. BUILDING EX.

BUILDING
EX.

BUILDING
AREA A
AREA C
PROJECT NO.

Sheet Title
Sheet No.

AL
L

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A
S
,

D
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A
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A

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c
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m
1 2 3 4 5
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B
6 1 2 3 4 5
C
D
E
A
B
C
D
E
6 21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

DESIGN DEVELOPMENT

SUBMITTAL
REV
DATE

ISSUED REASON

CIVIL ENGINEER

MICHAEL BAKER INTERNATIONAL
9755 CLAIREMONT MESA BLVD.

SAN DIEGO, CA 92124

06.01.22 SCHEMATIC DESIGN

NOT FOR CONSTRUCTION

08.15.22 DESIGN DEVELOPMENT

09.20.22 UPDATED PRICING

OVERALL SITE PLAN
C-02
B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

W
E
S
T

E
L
D
O
R
A
D
O

D
R
I
V
E

AREA F AREA G
AREA E
AREA B
AREA D
AREA H
AREA A
AREA C
PROJECT NO.

Sheet Title
Sheet No.

AL
L

I
D
E
A
S
,

D
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I
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N
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A
N
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g
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,

C
A

9 2
1 1
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.
c
o
m
1 2 3 4 5
A
B
6 1 2 3 4 5
C
D
E
A
B
C
D
E
6 21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

DESIGN DEVELOPMENT

SUBMITTAL
REV
DATE

ISSUED REASON

CIVIL ENGINEER

MICHAEL BAKER INTERNATIONAL
9755 CLAIREMONT MESA BLVD.

SAN DIEGO, CA 92124

06.01.22 SCHEMATIC DESIGN

NOT FOR CONSTRUCTION

08.15.22 DESIGN DEVELOPMENT

09.20.22 UPDATED PRICING

GRADING PLAN
C-03
B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

W
E
S
T

E
L
D
O
R
A
D
O

D
R
I
V
E
AREA F
AREA G
AREA E
AREA B
AREA D
AREA H
EX. BUILDING EX.

BUILDING
EX.

BUILDING
AREA C
AREA A
PROJECT NO.

Sheet Title
Sheet No.

AL
L

I
D
E
A
S
,

D
E
S
I
G
N
S

A
N
D

A
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15 1
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,

C
A

9 2
1 1
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e
.
c
o
m
1 2 3 4 5
A
B
6 1 2 3 4 5
C
D
E
A
B
C
D
E
6 21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

DESIGN DEVELOPMENT

SUBMITTAL
REV
DATE

ISSUED REASON

CIVIL ENGINEER

MICHAEL BAKER INTERNATIONAL
9755 CLAIREMONT MESA BLVD.

SAN DIEGO, CA 92124

06.01.22 SCHEMATIC DESIGN

NOT FOR CONSTRUCTION

08.15.22 DESIGN DEVELOPMENT

09.20.22 UPDATED PRICING

PRIVATE UTILITY PLAN
C-04
B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

PROJECT NO.

Sheet Title
Sheet No.

AL
L

I
D
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A
S
,

D
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I
G
N
S

A
N
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15 1
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o
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n
a

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v
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n

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g
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,

C
A

9 2
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e
.
c
o
m
1 2 3 4 5
A
B
6 1 2 3 4 5
C
D
E
A
B
C
D
E
6 21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

DESIGN DEVELOPMENT

SUBMITTAL
REV
DATE

ISSUED REASON

CIVIL ENGINEER

MICHAEL BAKER INTERNATIONAL
9755 CLAIREMONT MESA BLVD.

SAN DIEGO, CA 92124

06.01.22 SCHEMATIC DESIGN

NOT FOR CONSTRUCTION

08.15.22 DESIGN DEVELOPMENT

09.20.22 UPDATED PRICING

DETAIL SHEET
C-05
CATCH BASIN (PVT)2
STORM DRAIN TYPE CLEANOUT (PVT)3
3' CONCRETE RIBBON GUTTER (PVT)1
BIO BASIN DETAIL (PVT)6

BASIN SECTION

SUBDRAIN ORIFICE CAP DETAIL
SEWER TYPE CLEANOUT (PVT)4
THRUST BLOCK TABLE5
B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

B
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

09.21.2022CUP MODIFICATION

SUBMITTAL

5'-0''
5'-0''
5'-0''
5'-6''
7'-0''
6'-6''
5'-0''
5'-6''
3'-6''
7'-0''
6'-6''
7'-0''
6'-6''
5'-6''
4'-6''
3'-6''
3'-6''
4'-0''
DN
DN
DN
DN
DN
DN

BUILDING A

BUILDING E

BUILDING F

BUILDING H

MAIN EVENT LAWN

SECONDARY EVENT LAWN

EXISTING BUILDING

NOT IN PROJECT SCOPE

FAIRWAY DRIVE
04 59

E
X
I
S
T
I
N
G

S
P
A
C
E
S

AREA RESERVED FOR

BIKE PARKING

AREA RESERVED

FOR BIKE PARKING
28 E
X
I
S
T
I
N
G

S
P
A
C
E
S
42 EXISTING
SPACES

MAIN POOLLAP POOL
SPA

BUILDING B

BUILDING C

BUILDING D

BUILDING G

FACILITY LOADING AND TRASH

COLLECTION TO BE LOCATED AT

EXISTING CLUBHOUSE

DN TO POOL

EQUIPMENT
ROOM
G1
G3
G4
G5
G6
G7
G8
G2

GOLF CART
12' - 0" TYP

EXISTING BUILDING

NOT IN PROJECT SCOPE

BOCCE COURTS

LANDSCAPE AREA

LANDSCAPE
AREA
TO

G
A
R
A
G
E
NE
W

S
L
O
P
E
D

W
A
L
K
W
A
Y
NE
W

S
L
O
P
E
D

W
A
L
K
W
A
Y
NE
W

S
L
O
P
E
D

W
A
L
K
W
A
Y
NEW

SLOPED W
ALKW
AY

PROPERTY LINE
23' - 1" TO

TO PROPERTY LINE
29' - 11"

TO PROPERTY LINE
27' - 6"

TO PROPERTY LINE
41' - 6"

TO PROPERTY LINE
36' - 1"

TO PROPERTY LINE
25 '

-

7 "
TO

P
R
O
PE
R
T
Y

L
I
N
E
34 '

-

1 "

TO PROPERTY LINE
44' - 7"

TO PROPERTY LINE
44' - 8"
11 3
'

-

0 "

T
O

P
R
O
P
E
R
T
Y

L
I
N
E
101' - 10" TO PROPERTY LINE
28 27
26 25
24 23
22 ADA-1
ADA-2
21 2019181716151413121110987654321
PR
O
P
E
RT
Y

L
I
N
E
21 '

-

5 "

T
O
01 5' - 0" REAR SETBACK
10' - 0" SIDE SETBACK
10' - 0" SIDE SETBACK
SE
T
B
A
C
K
5'
-

0 "

F
R
O
N
T
18' - 0"
9'
-

0 "
TYP

STANDARD

STALL SPACE

1. COMMERCIAL LOADING AND TRASH COLLECTION TO BE LOCATED AT

EXISTING CLUBHOUSE

2. FACILITY STORAGE TO BE LOCATED INSIDE OF THE BUILDING AS WELL AS THE OUTDOOR MECHANICAL AREA.

ACCESSIBLE PATH OF TRAVEL

PROPERTY LINE

SETBACK LINE

EASEMENT LINE
38 129
175
304
157
183
342

NEW PARKINGEXISTING PARKING TOTAL PARKING
CAR
CART
ADA
TOTAL

GRAND TOTAL
28 8
342
2 2
PROJECT NO.

Sheet Title
Sheet No.

AL
L

I
D
E
A
S
,

D
E
S
I
G
N
S

A
N
D

A
R
R
A
N
G
E
M
E
N
T
S

I
N
D
I
C
A
T
E
D

O
N

T
H
ES
E

D
R
A
W
I
N
G
S

A
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E

T
H
E

P
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P
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R
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Y

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F

T
H
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A
R
C
H
I
T
E
C
T

A
N
D

AR
E

T
O

B
E

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S
E
D

I
N

C
O
N
N
E
C
T
I
O
N

W
I
T
H

T
H
I
S

S
P
E
C
I
F
I
C

P
R
O
JE
C
T

A
N
D

S
H
A
L
L

N
O
T

B
E

U
S
E
D

O
T
H
E
R
W
I
S
E

W
I
T
H
O
U
T

T
H
E

E
X
PR
E
S
S
E
D

C
O
N
S
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N
T

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F

T
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E

A
R
C
H
I
T
E
C
T
.

T
H
E
R
E

S
H
A
L
L

B
E

N
O
CH
A
N
G
E
S

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R

D
E
V
I
A
T
I
O
N

F
R
O
M

T
H
E

D
R
A
W
I
N
G
S

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R

A
C
C
O
M
P
A
N
Y
IN
G

S
P
E
C
I
F
I
C
A
T
I
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N

W
I
T
H
O
U
T

T
H
E

E
X
P
R
E
S
S
E
D

C
O
N
S
E
N
T

O
F

TH
E

A
R
C
H
I
T
E
C
T
.
15 1
5 M
o
r
e
n
a

B
l
v
d
.

Sa
n

D
i
e
g
o
,

C
A

9 2
1 1
0 (6
1 9
)

2 9
9 -
6 6
9 0
de
l
a
w
i
e
.
c
o
m

1 2 3 4 5
A
B
6 1 2 3 4 5
C
D
E
A
B
C
D
E
6 9/2
2 /
2 0
2 2

1 2
:
1 1
:
0 8

P
M
21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

SITE PLAN
AS100

09.20.2022

UPDATED PRICING
1" = 20'-0"A1 / A-101.3
A1 SITE PLAN
SCALE: 1" = 20'
0 10'20'40'
NORTH

PROJECT
NORTH
TRUE

GENERAL NOTESSITE LEGENDSHEET KEYNOTES

NUMBER SHEET NOTE TEXT
01 EXISTING ELECTRICAL EQUIPMENT
04 NEW GOLF CART PARKING

PARKING SCHEDULE
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

FRANK S.T ERNASKY
C-25718
05/31/23

LICENSED A R CHITECT

STATE OF CALIFORNIA
REN

ACCESSIBLE ENTRY

09.21.2022CUP MODIFICATION

SUBMITTAL

UP
UP
NOTE: CART PARKING FOR MAINTENANCE STAFF
ONLY; NOT INCLUDED IN PROJECT PARKING CALCS

LAUNDRY

POOL EQUIPMENT
ROOM
000
000 BASEMENT
PROJECT NO.

Sheet Title
Sheet No.

AL
L

I
D
E
A
S
,

D
E
S
I
G
N
S

A
N
D

A
R
R
A
N
G
E
M
E
N
T
S

I
N
D
I
C
A
T
E
D

O
N

T
H
ES
E

D
R
A
W
I
N
G
S

A
R
E

T
H
E

P
R
O
P
E
R
T
Y

O
F

T
H
E

A
R
C
H
I
T
E
C
T

A
N
D

AR
E

T
O

B
E

U
S
E
D

I
N

C
O
N
N
E
C
T
I
O
N

W
I
T
H

T
H
I
S

S
P
E
C
I
F
I
C

P
R
O
JE
C
T

A
N
D

S
H
A
L
L

N
O
T

B
E

U
S
E
D

O
T
H
E
R
W
I
S
E

W
I
T
H
O
U
T

T
H
E

E
X
PR
E
S
S
E
D

C
O
N
S
E
N
T

O
F

T
H
E

A
R
C
H
I
T
E
C
T
.

T
H
E
R
E

S
H
A
L
L

B
E

N
O
CH
A
N
G
E
S

O
R

D
E
V
I
A
T
I
O
N

F
R
O
M

T
H
E

D
R
A
W
I
N
G
S

O
R

A
C
C
O
M
P
A
N
Y
IN
G

S
P
E
C
I
F
I
C
A
T
I
O
N

W
I
T
H
O
U
T

T
H
E

E
X
P
R
E
S
S
E
D

C
O
N
S
E
N
T

O
F

TH
E

A
R
C
H
I
T
E
C
T
.
15 1
5 M
o
r
e
n
a

B
l
v
d
.

Sa
n

D
i
e
g
o
,

C
A

9 2
1 1
0 (6
1 9
)

2 9
9 -
6 6
9 0
de
l
a
w
i
e
.
c
o
m

1 2 3 4 5
A
B
6 1 2 3 4 5
C
D
E
A
B
C
D
E
6 9/2
1 /
2 0
2 2

9 :
2 6
:
1 3

P
M
21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

BASEMENT

PLAN -BLDG E
A-101.4

09.21.2022CUP MODIFICATION

SUBMITTAL
SCALE: 1/8" = 1'-0"
0 4'-0"8'-0"16'-0"
NORTH

PROJECT
NORTH
TRUE
BLDG E
BLDG F
BLDG H
BLDG A
BLDG G
BLDG D
BLDG B
BLDG C

REFERENCE KEYNOTES

NUMBER KEYNOTE TEXT

SHEET KEYNOTES

NUMBER SHEET NOTE TEXT
000 LINE OF STRUCTURE ABOVE
1/8" = 1'-0"D1 / A-114
A1 BASEMENT PLAN
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

FRANK S.T ERNASKY
C-25718
05/31/23

LICENSED A R CHITECT

STATE OF CALIFORNIA
REN

DN
DN
DN
DN
DN
DN
A-200
D1
A-200
B1
A-200
C1
A-200
A1

BOCCE BALL COURTS
SPA

FITNESS
ADMIN
CAFE
RETAIL

AREA DESIGNATED FOR

MECHANICAL EQUIPMENT
6'-0"

TO WALL

MAIN EVENT LAWN

SECONDARY EVENT LAWN

MAIN POOL
SPA

LAP POOL
GROUP

FITNESS
PROJECT NO.

Sheet Title
Sheet No.

AL
L

I
D
E
A
S
,

D
E
S
I
G
N
S

A
N
D

A
R
R
A
N
G
E
M
E
N
T
S

I
N
D
I
C
A
T
E
D

O
N

T
H
ES
E

D
R
A
W
I
N
G
S

A
R
E

T
H
E

P
R
O
P
E
R
T
Y

O
F

T
H
E

A
R
C
H
I
T
E
C
T

A
N
D

AR
E

T
O

B
E

U
S
E
D

I
N

C
O
N
N
E
C
T
I
O
N

W
I
T
H

T
H
I
S

S
P
E
C
I
F
I
C

P
R
O
JE
C
T

A
N
D

S
H
A
L
L

N
O
T

B
E

U
S
E
D

O
T
H
E
R
W
I
S
E

W
I
T
H
O
U
T

T
H
E

E
X
PR
E
S
S
E
D

C
O
N
S
E
N
T

O
F

T
H
E

A
R
C
H
I
T
E
C
T
.

T
H
E
R
E

S
H
A
L
L

B
E

N
O
CH
A
N
G
E
S

O
R

D
E
V
I
A
T
I
O
N

F
R
O
M

T
H
E

D
R
A
W
I
N
G
S

O
R

A
C
C
O
M
P
A
N
Y
IN
G

S
P
E
C
I
F
I
C
A
T
I
O
N

W
I
T
H
O
U
T

T
H
E

E
X
P
R
E
S
S
E
D

C
O
N
S
E
N
T

O
F

TH
E

A
R
C
H
I
T
E
C
T
.
15 1
5 M
o
r
e
n
a

B
l
v
d
.

Sa
n

D
i
e
g
o
,

C
A

9 2
1 1
0 (6
1 9
)

2 9
9 -
6 6
9 0
de
l
a
w
i
e
.
c
o
m

1 2 3 4 5
A
B
6 1 2 3 4 5
C
D
E
A
B
C
D
E
6 9/2
2 /
2 0
2 2

1 2
:
3 1
:
3 3

P
M
21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

OVERALL

FLOOR PLAN
A-101.5

09.20.2022

UPDATED PRICING
1/16" = 1'-0"A1 / A-101.3
A1 OVERALL FLOOR PLAN
SCALE: 1/16" = 1'-0"
0 8'-0"16'-0"32'-0"
NORTH

PROJECT
NORTH
TRUE
BLDG E
BLDG F
BLDG H
BLDG A
BLDG G
BLDG D
BLDG B
BLDG C
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

FRANK S.T ERNASKY
C-25718
05/31/23

LICENSED A R CHITECT

STATE OF CALIFORNIA
REN

09.21.2022CUP MODIFICATION

SUBMITTAL

AREA DESIGNATED FOR

ROOF TOP MECHANICAL

EQUIPMENT

AREA DESIGNATED FOR ROOF TOP

MECHANICAL EQUIPMENT
BLDG A
BLDG E
BLDG F
BLDG H
BLDG B
BLDG C
BLDG D
BLDG G
44' - 4"
58' - 6"
62' - 11"
39' - 6"
HI

GH ROOF
40' - 0"
37' - 9"
38' - 6"

HIGH ROOF
82' - 6"
HI
G
H

R
O
O
F
5'
-

2 "
LOW
ROOF
59' - 7"

LOW ROOF
146' - 3"
LOW
ROOF
59' - 7"

LOW ROOF
31' - 11"

LOW ROOF
31' - 11"
LOW
ROOF
164' - 4"

LOW ROOF
69' - 5"
LOW
ROOF
110' - 1"

LOW ROOF
15' - 1"

LOW ROOF
54' - 4"
LOW
ROOF
54' - 3"

HIGH ROOF
48' - 11"

HIGH ROOF
53' - 9"
83' - 1"
77' - 8"

HIGH ROOF
38' - 6"
8' - 7"
12' - 0"
17' - 0"

ROOF HT
RO
O
F

A
R
E
A

AB
O
V
E

1 5
'
-
0 "

TOTAL ROOF AREA
ABOVE 15'-0"
RO
O
F

A
R
E
A

BE
L
O
W

1 5
'
-
0 "
4,191 SF

AREA (SF)

11.8%
% OF ROOF AREA
16' - 6" 2,480 SF 7.0%
15' - 4" 555 SF 0.2%
VARIES 28,102 SF 79.6%

TOTAL ROOF AREA
BELOW 15'-0"

GRAND TOTAL

ROOF AREA
7,236 SF 20.4%
28,102 SF 79.6%
35,338 SF 100%
ROOF
PROJECT NO.

Sheet Title
Sheet No.

AL
L

I
D
E
A
S
,

D
E
S
I
G
N
S

A
N
D

A
R
R
A
N
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E
M
E
N
T
S

I
N
D
I
C
A
T
E
D

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N

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A
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G
S

A
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E

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Y

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A
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C
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I
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E
C
T

A
N
D

AR
E

T
O

B
E

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S
E
D

I
N

C
O
N
N
E
C
T
I
O
N

W
I
T
H

T
H
I
S

S
P
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C
I
F
I
C

P
R
O
JE
C
T

A
N
D

S
H
A
L
L

N
O
T

B
E

U
S
E
D

O
T
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E
R
W
I
S
E

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I
T
H
O
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T

T
H
E

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X
PR
E
S
S
E
D

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E

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C
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I
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E
C
T
.

T
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E
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E

S
H
A
L
L

B
E

N
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A
N
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S

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D
E
V
I
A
T
I
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N

F
R
O
M

T
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E

D
R
A
W
I
N
G
S

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A
C
C
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M
P
A
N
Y
IN
G

S
P
E
C
I
F
I
C
A
T
I
O
N

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I
T
H
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U
T

T
H
E

E
X
P
R
E
S
S
E
D

C
O
N
S
E
N
T

O
F

TH
E

A
R
C
H
I
T
E
C
T
.
15 1
5 M
o
r
e
n
a

B
l
v
d
.

Sa
n

D
i
e
g
o
,

C
A

9 2
1 1
0 (6
1 9
)

2 9
9 -
6 6
9 0
de
l
a
w
i
e
.
c
o
m

1 2 3 4 5
A
B
6 1 2 3 4 5
C
D
E
A
B
C
D
E
6 9/21/2022 9:26:16 PM
21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

ROOF HEIGHT

EXHIBIT
A-101.6

09.21.2022CUP MODIFICATION

SUBMITTAL
1/16" = 1'-0"A1 / A-101.3
A1 ROOF HEIGHT EXHIBIT
SCALE: 1/16" = 1'-0"
0 8'-0"16'-0"32'-0"
NORTH

PROJECT
NORTH
TRUE
BLDG E
BLDG F
BLDG H
BLDG A
BLDG G
BLDG D
BLDG B
BLDG C
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

ROOF HEIGHT LEGEND
FRANK S.T ERNASKY
C-25718
05/31/23

LICENSED A R CHITECT

STATE OF CALIFORNIA
REN

MAIN LEVEL
0' -0" (166')

CAFE LEVEL
-2' -0" (164')
ROOF
15' -0" (181')

BASEMENT
-11' -0" (155')

MAIN LEVEL
0' -0" (166')

CAFE LEVEL
-2' -0" (164')
ROOF
15' -0" (181')

BASEMENT
-11' -0" (155')

MAIN LEVEL
0' -0" (166')

CAFE LEVEL
-2' -0" (164')
ROOF
15' -0" (181')

MAIN LEVEL
0' -0" (166')

CAFE LEVEL
-2' -0" (164')
ROOF
15' -0" (181')

WHITE PLASTER

HATCH MATERIAL

BEIGE STONE

DARK BRONZE

WINDOW FRAME
GLASS

WHITE PAINTED METAL

WHITE CONCRETE

LANDSCAPING
PROJECT NO.

Sheet Title
Sheet No.

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6 9/21/2022 9:26:21 PM
21114

ELDORADO

COUNTRY CLUB

SPA & FITNESS
46014 E ELDORADO DR
INDIAN WELLS, CA 92210

EXTERIOR

ELEVATIONS -

OVERALL
A-200

09.21.2022CUP MODIFICATION

SUBMITTAL
SCALE: 1/8" = 1'-0"
0 4'-0"8'-0"16'-0"
BLDG E
BLDG F
BLDG H
BLDG A
BLDG G
BLDG D
BLDG B
BLDG C
1/16" = 1'-0"A1 / A-101.5
D1 NORTH ELEVATION OVERALL
1/16" = 1'-0"A1 / A-101.5
C1 EAST ELEVATION OVERALL
1/16" = 1'-0"A1 / A-101.5
B1 SOUTH ELEVATION OVERALL
1/16" = 1'-0"A1 / A-101.5
A1 WEST ELEVATION OVERALL
REV
DATE

ISSUED REASON

06.01.22 SCHEMATIC DESIGN

07.28.22 CUP MODIFICATION SUB.

09.21.22 CUP MODIFICATION SUB.

ELEVATION LEGEND - CUP
FRANK S.T ERNASKY
C-25718
05/31/23

LICENSED A R CHITECT

STATE OF CALIFORNIA
REN

MAIN LEVEL
0' -0" (166')

CAFE LEVEL
-2' -0" (164')
ROOF
15' -0" (181')
20' - 2" TO EASEMENT
36' - 10" TO PROPERTY LINE
15'-0" TO ROOF

SIDE SETBACK
10' - 0"

MAIN LEVEL
0' -0" (166')

CAFE LEVEL
-2' -0" (164')
ROOF
15' -0" (181')

BASEMENT
-11' -0" (155')
17' - 6" TO PROPERTY LINE
15'-0" TO ROOF
13'-3" TO ROOF13'-3" TO ROOF

FRONT SETBACK
5' - 0"

MAIN LEVEL
0' -0" (166')

CAFE LEVEL
-2' -0" (164')
ROOF
15' -0" (181')
29' - 5" TO PROPERTY LINE
13'-3" TO ROOF 13'-3" TO ROOF
15'-0" TO ROOF

FRONT SETBACK
5' - 0"

MAIN LEVEL
0' -0" (166')

CAFE LEVEL
-2' -0" (164')
ROOF
15' -0" (181')
25' - 8" TO PROPERTY LINE 13'-3" TO ROOF
11'-0" TO ROOF

SIDE SETBACK
10' - 0"

WHITE PLASTER

HATCH MATERIAL

BEIGE STONE

DARK BRONZE

WINDOW FRAME
GLASS

WHITE PAINTED METAL

WHITE CONCRETE

LANDSCAPING
PROJECT NO.

Sheet Title
Sheet No.

AL
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A
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,

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N
S

A
N
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