Indian Wells City Council
April 4, 2024

Council Agenda- April 4, 2024
Zone Assessor's Parcel Number Situs Address Land Use EBU Applied Assessment
Maximum
Assessment
City of Indian Wells
Landscape & Lighting District No. 91-1
Fiscal Year 2024/2025 Preliminary Assessment Roll
LLD No. 91-1 (Zone E, Desert Horizons) 633-760-018 44 240 LAKESIDE DR SFR 1.00 800.84 845.46 LLD No. 91-1 (Zone E, Desert Horizons) 633-760-019 44 180 LAKESIDE DR SFR 1.00 800.84 845.46 LLD No. 91-1 (Zone E, Desert Horizons) 633-760-020 44 140 LAKESIDE DR SFR 1.00 800.84 845.46 LLD No. 91-1 (Zone E, Desert Horizons) 633-760-021 44 100 LAKESIDE DR SFR 1.00 800.84 845.46 LLD No. 91-1 (Zone E, Desert Horizons) 633-760-022 44 060 LAKESIDE DR SFR 1.00 800.84 845.46 LLD No. 91-1 (Zone E, Desert Horizons) 633-760-023 44 030 LAKESIDE DR SFR 1.00 800.84 845.46 LLD No. 91-1 (Zone E, Desert Horizons) 633-760-024 44 000 LAKESIDE DR SFR 1.00 800.84 845.46 LLD No. 91-1 (Zone E, Desert Horizons) 633-760-025 75 072 GLENEAGLES CIR SFR 1.00 800.84 845.46 LLD No. 91-1 (Zone E, Desert Horizons) 633-760-026 75 064 GLENEAGLES CIR SFR 1.00 800.84 845.46 LLD No. 91-1 (Zone E, Desert Horizons) 633-770-011 NO SITUS AVAILABLE REC 35.06 28,080.64 29,645.10 LLD No. 91-1 (Zone E, Desert Horizons) 633-770-015 44 900 DESERT HORIZONS DR REC 44.27 35,453.98 37,429.23 LLD No. 91-1 (Zone E, Desert Horizons) 633-770-016 NO SITUS AVAILABLE REC 8.87 7,106.64 7,502.59 LLD No. 91-1 (Zone E, Desert Horizons) 633-770-020 75 270 US HIGHWAY 111 COM 14.46 11,580.14 12,225.31 LLD No. 91-1 (Zone E, Desert Horizons) 633-770-023 NO SITUS AVAILABLE COM 1.56 1,249.30 1,318.91 LLD No. 91-1 (Zone E, Desert Horizons) 633-770-024 NO SITUS AVAILABLE COM 0.06 48.04 50.73 LLD No. 91-1 (Zone E, Desert Horizons) 633-770-025 NO SITUS AVAILABLE COM 2.64 2,114.20 2,232.01 LLD No. 91-1 (Zone E, Desert Horizons) 633-770-026 NO SITUS AVAILABLE COM 3.18 2,546.66 2,688.55 District Parcel Count Assessment Max Tax
LLD No. 91-1 (Zone A1, El Dorado) 372 $73,920.48 $93,327.60 LLD No. 91-1 (Zone A11A, Club Drive) 10 44,235.58 57,738.76 LLD No. 91-1 (Zone A11C, Club Drive) 7 12,770.78 12,819.68 LLD No. 91-1 (Zone A19, Mountain Gate) 50 46,116.00 67,711.77 LLD No. 91-1 (Zone A2, Montecito/Stardu) 56 29,378.72 30,261.74 LLD No. 91-1 (Zone A20, Mtn Gate Estate) 14 13,678.00 18,442.88 LLD No. 91-1 (Zone A21, Villagio) 94 114,539.00 260,552.14 LLD No. 91-1 (Zone A22, Vaidya) 13 6,820.58 13,547.03
LLD No. 91-1 (Zone A23, Montelena) 72 84,312.00 107,193.02 LLD No. 91-1 (Zone A25, Tract No. 27104) 45 54,123.30 73,476.43 LLD No. 91-1 (Zone A26, Province] 133 208,501.44 227,526.21 LLD No. 91-1 (Zone A3, Casa Dorado) 116 28,143.92 28,781.85 LLD No. 91-1 (Zone A5B, The Cove) 64 22,846.22 24,346.73 LLD No. 91-1 (Zone A8, IW Golf Resort) 14 323,666.70 324,883.83 LLD No. 91-1 (Zone C, The Colony) 64 69,779.20 284,259.03 LLD No. 91-1 (Zone D, PM 26494) 11 12,040.82 140,460.29 LLD No. 91-1 (Zone E, Desert Horizons) 520 505,098.48 533,239.03 Totals: 1,655 $1,649,971.22 $2,298,568.03

45.00 EBU
363.32
160.98

55.08 50.00

56.00 14.00

94.00 13.00

72.00 630.71
2,380.29
133.00
116.00

63.30 438.90

64.00 11.00 LLD 91-1 Fiscal Year 2024/2025 Preliminary Assessment Roll Page 22 of 22

Council Agenda- April 4, 2024

INDIAN WELLS CITY COUNCIL
April 4, 2024
To: City Council
From: Finance Department
Prepared by: Kevin McCarthy, City Finance Director
Subject: Initiating Proceedings, Preliminarily Approving the Annual Levy Report, and Declaring Intention to Order the Levy and Collection of Assessments for Annual Levy for City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 for the Fiscal Year 2024-25
RECOMMENDED ACTIONS:

Council ADOPTS Resolution initiating proceedings for annual levy and collection of assessments for the Fiscal Year 2024-25 for the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 pursuant to the Benefit Assessment Act of 1982; and
ADOPTS Resolution preliminarily approving the annual engineer’s report regarding the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 and the levy and collection of assessments for the Fiscal Year 2024-25 pursuant to the provisions of the Benefit Assessment Act of 1982; and
ADOPTS Resolution declaring its intention to order the levy and collection of assessments for the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 for the Fiscal Year 2024-25 pursuant to the Benefit Assessment Act of 1982.

SCHEDULES a noticed Public Hearing on May 16, 2024, at 1:30 p.m. to hear public testimony on the proposed levy; and
FINDS the project to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15060.

BACKGROUND:

The City is responsible for levying the annual drainage maintenance assessment in accordance with the Landscape and Lighting Act of 1972 and Proposition 218. Therefore, the Council will hold a noticed Public Hearing on Thursday, May 16, 2024, at 1:30 p.m. to hear public testimony on the proposed levy.

Council Agenda- April 4, 2024

As a condition of approval for the Province development in 2006, the City required the developer to install and guarantee the maintenance of stormwater control structures.

The structures consist of two drywells at the northeast corner of Desert Horizons D rive and Vista Del Ray Drive.

These drywells remove nuisance water and stormwater from the Province's development into neighboring developments. The City performs monthly inspections and schedules semi-annual "cleanouts" of the drywells to ensure effective operation.

FISCAL IMPACT:

The annual levy is $113.16 per assessed parcel. The City anticipates collecting $15,050 from 133 assessed parcels inside the Province's gates. The City records District revenues into a Special Revenue fund to operate the District, as described in the attached engineer’s report.

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 15 378 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

ATTACHMENTS:

1. Resolution- Order the Levy

2. Resolution – Initiate Proceedings

3. Resolution- Engineer Report

4. Drainage Maintenance Benefit Assessment District No. 1 Engineer’s Report

Council Agenda- April 4, 2024
RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN

WELLS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER

THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF

INDIAN WELLS DRAINAGE MAINTENANCE BENEFIT ASSESSMENT
DISTRICT NO. 1 FOR THE FISCAL YEAR 2024-25 PURSUANT TO
THE BENEFIT ASSESSMENT ACT OF 1982
WHEREAS, the City Council of the City of Indian Wells (the “City Council”) has, by Resolution, initiated proceedings for the levy and collection of assessments against lots and parcels of land within the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 (the “Assessment District”) for Fiscal Year 2021/22, under the provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with section 54703 (the “Act”); and
WHEREAS, the City Council has retained Willdan Financial as the Assessment District Engineer to assist with the annual levy of assessments in accordance with the Act.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AS FOLLOWS:

SECTION 1. Intention. The City Council hereby DECLARES its intention to order the drainage improvements of the Assessment District and to levy and collect assessments against lots and parcels of land within the Assessment District for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025, to pay for the costs and expenses of operating, maintaining and servicing drainage improvements therein as outlined in the original Engineer’s Report, filed with the City Clerk and approved by the City Council in connection with the formation and the levy of the assessment.

SECTION 2. Authority. Pursuant to the Act, the City Council may annually determine the cost of the services financed by the assessment and, by ordinance or resolution, order the levy of an annual assessment. However, no annual assessment shall exceed the maximum assessment amount established in the original Report and approved by the property owners without additional approval of the property owners in accordance with the provisions of the California Constitution Article XIIID.

SECTION 3. Boundaries and Designation. The territory of the proposed Assessment District is within the boundaries and authority of the City of Indian Wells within the County of Riverside, State of California. The boundary map describing the Assessment District is on file with the City Clerk and is incorporated herein by reference.

The Assessment District is designated and shall be referred to as the following:
“City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1.” ATTACHMENT #1

Council Agenda- April 4, 2024
City of Indian Wells
Resolution No. 2024-__

SECTION 4. Description of Drainage Improvements . The proposed drainage improvements for the Assessment District are briefly described as the operation, maintenance, servicing, and administration of the improvements and incidental expenses related thereto for the Assessment District located within the boundary of the City of Indian Wells and the jurisdiction of the City Council. The drainage improvements and the installation and maintenance of such improvements for the District can be described as follows: i nstallation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.

SECTION 5. Public Hearing. The City Council hereby DECLARES its intention to conduct a Public Hearing concerning the improvements and the levy of assessments for the Assessment District in accordance with the Act. Notice is hereby given that on Thursday, May 16, 2024, at 1:30 P.M., the City Council will hold a Public Hearing on the question of the levy and collection of assessments for Fiscal Year 2023-24 against lots and parcels of land within the Assessment District, or as soon thereafter as feasible. The Public Hearing will be held at the City Council Chambers of the City of Indian Wells, 44 - 950 Eldorado Drive, Indian Wells, California, at fixed times. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard.

SECTION 6. Notice. A Public Hearing Notice shall be published in a local newspaper of general circulation once a week for two (2) weeks, the first publication appearing not less than fourteen (14) days before the date of the hearing and posting a copy of the Public Hearing Notice in two (2) public places within the City.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 4th day of April 2024.

___________________________

GREG SANDERS
MAYOR

Council Agenda- April 4, 2024
City of Indian Wells
Resolution No. 2024-__

CERTIFICATION FOR RESOLUTION NO. 2024-__

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 regular meeting of the City Council of the City of Indian Wells the 4th day of April 2024, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

Council Agenda- April 4, 2024
RESOLUTION NO. 2024-__

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

CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2024-25 FOR

THE CITY OF INDIAN WELLS DRAINAGE MAINTENANCE BENEFIT
ASSESSMENT DISTRICT NO. 1, PURSUANT TO THE BENEFIT
ASSESSMENT ACT OF 1982
WHEREAS, the City Council of the City of Indian Wells (the “City Council”) , by previous Resolutions, formed and established the annual levy of assessments for the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 (the “Assessment District”), pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with section 54703 (the “Act”); and WHEREAS, the Act authorizes the City Council to levy and collect assessments for the Assessment District to pay for the costs and expenses of operating, maintaining, and servicing drainage improvements and appurtenant facilities located within public places within the boundaries of the District; and
WHEREAS, the City Council desires to initiate proceedings for the levy and collection of annual assessments against lots and parcels of land within the Assessment District for Fiscal Year 2024-25 pursuant to provisions of the Act; and
WHEREAS, the City Council has retained Willdan to assist with the annual levy of the Assessment District.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AS FOLLOWS:

SECTION 1. Improvements. The drainage improvements for the assessment District are briefly described:

Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.

SECTION 2. Extension of Existing Assessments . The City Council hereby DETERMINES that to provide the drainage improvements described in Section 1 of this Resolution, it is necessary to levy and collect assessments against lots and parcels within the Assessment District. The City Council hereby DECLARES that the property owners previously approved the existing assessments in compliance with the provisions of the California Constitution Article XIIID, and the proposed assessments for Fiscal Year 2024-25 comply with said approval and provisions.

SECTION 3. Finance Director. The Finance Director of the City of Indian Wells is hereby AUTHORIZED and DIRECTED to take all actions necessary and appropriate in connection with the annual levy and collection of assessments for the Assessment District.

ATTACHMENT #2

Council Agenda- April 4, 2024
City of Indian Wells
Resolution No. 2024-__

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 4th day of April 2024.

____________________________

GREG SANDERS
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2024-__

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 regular meeting of the City Council of the City of Indian Wells the 4th day of April 2024, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

Council Agenda- April 4, 2024
RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, PRELIMINARILY APPROVING OF THE ENGINEER’S

REPORT REGARDING THE CITY OF INDIAN WELLS DRAINAGE
MAINTENANCE BENEFIT ASSESSMENT DISTRICT NO. 1 AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE FISCAL YEAR 2024-25

PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982
WHEREAS, the City Council of the City of Indian Wells (the “City Council”) has, by Resolution ordered the preparation of the Engineer’s Annual Levy Report (the “Engineer’s Report”) in connection with the City of Indian Wells Drainage Maintenance Benefit Assessment District No. 1 (the “Assessment District”), and levy and collection of assessments against lots and parcels of land within the territory for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025, to pay the maintenance, servicing and operation of the improvements, pursuant to provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with section 54703 (the “Act”); and WHEREAS, the Assessment District Engineer has prepared and filed with the City Clerk of the City of Indian Wells, and the City Clerk has presented to the City Council such report entitled “City of Indian Wells Engineer’s Annual Levy Report for the Drainage Maintenance Benefit Assessment District No. 1 Fiscal Year 2024-25” (the “Report”); and WHEREAS, the City Council has examined and reviewed the Report as presented and is satisfied with the Report, including, without limitation, each of the budget items and documents as set forth therein, and is confident that the assessments have been spread in accordance with the special benefits received from the improvements, operation, maintenance , and services to be performed, as outlined in said Report.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF INDIAN WELLS AS FOLLOWS:

SECTION 1. That the above recitals are true and correct.

SECTION 2. That the Report, as presented consists of the following:
(a) A Description of Improvements; and,
(b) The Annual Budget (Costs and Expenses of Services, Operations , and Maintenance); and,
(c) The Method of Apportionment and the proposed amount to be levied and collected against each Assessor’s Parcel within the Assessment District for Fiscal Year 2024-25.

ATTACHMENT #3

Council Agenda- April 4, 2024

City of Indian Wells
Resolution No. 2024-__

SECTION 3. The Report is hereby APPROVED on a preliminary basis and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 4th day of April 2024.

____________________________

GREG SANDERS
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2024-__

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 regular meeting of the City Council of the City of Indian Wells the 4th day of April 2024, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

Council Agenda- April 4, 2024

0 City of Indian Wells
Drainage Maintenance Benefit
Assessment District No. 1
2024/2025 ENGINEER’S REPORT
Intent Meeting: April 4, 2024
Public Hearing: May 16, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T.866.807.6864
www.willdan.com
ATTACHMENT #4

Council Agenda- April 4, 2024

ENGINEER'S REPORT AFFIDAVIT

Drainage Maintenance Benefit Assessment District No. 1

City of Indian Wells
Riverside County, State of California

This Report describes the District including the im provements, budgets, parcels and assessments to be levied for Fiscal Year 2024/2025, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the l ines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Indian Wells

By: ________________________________
Chonney Gano, Project Manager
District Administration Services

By: ________________________________
Tyrone Peter
P.E. # C 81888

Council Agenda- April 4, 2024

TABLE OF CONTENTS

I. INTRODUCTION 1
II. DESCRIPTION OF THE DISTRICT 2
A. DISTRICT BOUNDARY 2
B. PLANS AND SPECIFICATIONS 2
C. IMPROVEMENTS AND SERVICES WITHIN THE DISTRICT 2 III. METHOD OF ASSESSMENT 3
A. BACKGROUND 3
B. SPECIAL BENEFIT 3
C. APPORTIONMENT 4
D. ASSESSMENT RANGE FORMULA 4
IV. DISTRICT BUDGET 4
A. DESCRIPTION OF BUDGET ITEMS 4
B. DISTRICT BUDGET 7
APPENDIX A - ASSESSMENT DIAGRAM 8
APPENDIX B - 2024/2025 ASSESSMENT ROLL 9

Council Agenda- April 4, 2024

2024/2025 Drainage Maintenance Benefit Assessment D istrict No. 1 Page 1 I. INTRODUCTION

The City of Indian Wells (the “City”) annually levi es and collects special assessments in order to provide and maintain the improvements within the Indian Wells Drainage Maintenance Benefit Assessment Distr ict No. 1 (the “District”). In Fiscal Year 2006/2007, the District assessments wer e presented to the property owners and approved through a protest ballot procee ding in compliance with the provisions of Proposition 218. The District assessm ents described in this Report are prepared and levied annually pursuant to the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California commencing with section 54703 (the “1982 Act”).

Pursuant to the 1982 Act, the City Council previously caused an Engineer’s Report to be prepared in connection with the formation and the levy of assessments for the District. The Engineer’s Report (the “Original Report”) described the proposed services and improvements, identified the propertie s to be assessed and the amount of the proposed assessments by parcel, and f ixed the maximum amount of future annual installments for the District.

Pursuant to the 1982 Act, the City Council conducted the required public hearings necessary to accept property owner protests, public comments and testimony regarding the formation of the District and the pro posed annual levy of assessments. In conjunction with the required 1982 Act formation proceedings (Public Hearing), the City conducted property owner protest ballot proceedings for the annual assessments and assessment range formula described in the Original Report in compliance with the substantive and proce dural requirements of the California Constitution Article XIIID (the “Article ”). The proposed formations and annual assessments for each District were approved and established at the public hearing for the District, and pursuant to the 1982 Act, the City Council may annually determine the cost of the services that are finance d by the assessments and by ordinance or resolution order the levy of the annua l assessments. However, in accordance with the provisions of the Article, no annual assessment shall exceed the maximum assessment amount established in the Or iginal Report without additional approval of the affected property owners.

This document provides a summary of the District an d the proposed budgets and assessments for Fiscal Year 2024/2025. The budget and assessments are based on the City’s estimate of the costs and funds neces sary to maintain and service the improvements that provide a special benefit to properties within the District.

The word “parcel” refers to an individual property assigned its own Assessment Number by the Riverside County Assessor’s Office. T he Riverside County Auditor/Controller uses Assessment Numbers and spec ific Fund Numbers to identify properties assessed on the tax roll for special district benefit assessments.

Council Agenda- April 4, 2024

2024/2025 Drainage Maintenance Benefit Assessment D istrict No. 1 Page 2 I. DESCRIPTION OF THE DISTRICT
A. DISTRICT BOUNDARY

The District lies on the southeast corner of Cook S treet and Highway 111. The legal description is specified as a portion of the Southwest one-quarter of Section 22, Township 6 South, Range 6 East, SBBM, being in the City of Indian Wells, County of Riverside, State of California; to be known as Tract No. 32880.

B. PLANS AND SPECIFICATIONS

The drainage improvements for the District may be generally described as follows:

Installation, construction or maintenance of any au thorized improvements under the 1982 Act, including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.

Plans and Specifications for the improvements for the District are voluminous and are not bound in this Report but by this reference are incorporated and made a part of this Report. The Plans and Specifications are on file in the office of the City Engineer where they are available for public inspection.

C. IMPROVEMENTS AND SERVICES WITHIN THE DISTRICT

The Article defines “maintenance and operation expe nses” as “the cost of rent, repair, replacement, rehabilitation, fuel, power, e lectrical current, care and supervision necessary to properly operate and maint ain a permanent public improvement”. The District funding includes, but is not limited to, the removal, repair, replacement and appurtenances, electrical e nergy, supplies, engineering and incidental costs relating to the maintenance an d operation of the drainage improvements benefiting the District parcels.

The location of the drywell improvements is as follows:

Two or more drywells located at the northeast corner of Desert Horizons Drive and Vista Del Ray Drive.

Maintenance shall include inspections, upkeep, and/ or replacement of the pumps necessary to remove the surface nuisance water and to de-water the drywells.

Inspection of the drywells, upkeep, or preventative type maintenance shall be performed on a monthly basis. Major maintenance of the drywells and pumps shall be performed on a semi-annual basis.

The improvements identified above, are subject to c hange. For details and exact locations, refer to the approved development plans on file in the office of the City Engineer.

Council Agenda- April 4, 2024

2024/2025 Drainage Maintenance Benefit Assessment D istrict No. 1 Page 3 II. METHOD OF ASSESSMENT
A. BACKGROUND

The Benefit Assessment Act of 1982 provides that as sessments may be apportioned upon assessable lots or parcels of land within a district in proportion to the estimated benefits to be received by each lo t or parcel from the improvements. In addition, the Article requires that a parcel's assessment may not exceed the reasonable cost of the proportional spec ial benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel.

A special benefit is a particular and distinct bene fit, over and above general benefits conferred on the public at large, including real property within the District.

The general enhancement of property value does not constitute a special benefit.

The assessed lots or parcels of real property withi n the District are listed on Assessment Rolls, attached as Exhibit ‘A’ of this R eport. The Assessment Roll states the net amount to be assessed upon assessable lands within the District for Fiscal Year 2024/2025 and shows the assessment upon each lot and parcel within the District and identifies, by assessor parcel num ber, each assessable lot or parcel of land within the District. These lots or p arcels are more particularly described on the County Assessment Roll, which is o n file in the office of the Riverside County Assessor and by reference is made a part of this Report.

B. SPECIAL BENEFIT

Each parcel within the District receives a particul ar and distinct benefit from the improvements over and above general benefits conferred by the improvements.

First, all of the improvements were conditions of a pproval for the creation or development of the parcels. In order to create or d evelop the parcels, the City of Indian Wells required the developer to install and guarantee the maintenance of storm water control structures and appurtenant faci lities to serve the parcels.

Therefore, the parcels within the District could no t have been developed in the absence of the installation and promised maintenance of these facilities.

In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the improvements.

The proper maintenance of storm water, nuance water control and appurtenant facilities provide special benefit to parcels withi n the District by alleviating excess water. This allows individual parcels to be used to their fullest extent. The above- mentioned contributes to a specific enhancement of each of the parcels within the District.

Council Agenda- April 4, 2024

2024/2025 Drainage Maintenance Benefit Assessment D istrict No. 1 Page 4 C. APPORTIONMENT

For Fiscal Year 2006/2007 the assessment rate was the total assessment divided by the ratio of each existing parcel to the total a rea. For subsequent future fiscal years, the assessment rate will be divided equally by the proposed total number of parcels.

D. ASSESSMENT RANGE FORMULA

Commencing with Fiscal Year 2007/2008, the amount o f the assessment for the District is proposed to increase each year, based upon the Consumer Price Index (the “CPI”), All Urban Consumers, for the Los Angel es-Riverside-Orange County Area from January to January. As of January 2018, the Bureau of Labor Statistics (“BLS”) split the Los Angeles-Riverside-Orange Coun ty Area for All Urban Consumers to the Los Angeles-Long-Beach-Anaheim Are a and Riverside-San Bernardino-Ontario Area. Currently, the District us es the Riverside-San Bernardino-Ontario Area CPI index to measure the CPI percentage difference.

Each Fiscal Year, the Engineer shall compute the percentage difference between the CPI for January of each year and the CPI for th e previous January, and then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year. Should the Bureau of Lab or Statistics revise such index or discontinue the preparation of such index, the E ngineer shall use the revised index, or a comparable system as approved by the Ci ty Council for determining fluctuations in the cost of living. The percentage difference between January 2023 CPI and January 2024 CPI is 2.88%.

III. DISTRICT BUDGET
A. DESCRIPTION OF BUDGET ITEMS

Maintenance costs

Labor, Material, and Equipment - Includes all labor , material, and equipment required to properly maintain and service the drainage structures, and appurtenant facilities within the District. All improvements wi thin the District will be maintained and serviced on a regular basis. City staff will determine the frequency and specific maintenance operations required; but generally, the operations will occur monthly.

Utilities

Gas and Electric - The furnishing of electricity an d gas required for the operation of the drainage structures, and appurtenant facilities such as pumps.

Council Agenda- April 4, 2024

2024/2025 Drainage Maintenance Benefit Assessment D istrict No. 1 Page 5 Capital Replacement Cost/Renovations

This may include repairs that are unforeseen and no t normally included in the yearly maintenance cost. Repairs may include replac ement or refurbishing of damaged amenities due to vandalism, storms, die off, and frost. Planned upgrades of the improvements that provide a direct benefit to the district/zone could also be included in capital replacement/renovation costs. E xamples of upgrades include planned replacement of plant materials and/or renov ation of irrigation or lighting systems that are necessary or requested by property owners.

Personnel/Overhead

The cost of City staff for providing the coordination for maintenance and servicing, responding to public concerns, and levying and coll ecting assessments. This includes reimbursement for time spent by Finance an d Accounting, the City Attorney, the City Manager, and the Public Works staff.

Professional Fees

These are the costs of contracting with professionals for maintenance services and for professionals to provide any additional adminis trative or engineering services specific to the District such as the cost to prepar e and mail notices of the public meeting and hearing, or preparation of assessment diagrams.

County Administration Fees

The costs charged by the County to place the assess ments on the property tax rolls.

Reserve Fund - The Reserve Fund reflects funds being added or deleted from the Reserve Account for the current fiscal year. The Re serve Account provides for collection by the District of funds to operate the District from the time period of July 1 (Beginning of the fiscal year) through January when the County provides the City with the first installment of assessments collected from the property tax bills. The Reserve Account reduces the need for the City to tr ansfer funds from non-district accounts to pay for District charges during the fir st seven (7) months of the fiscal year.

Other Revenue Sources - Additional funds designated for use by the District that are not District assessments. These funds are added to the District account and may be from either non-District or District sources

City Contribution - Any funds added to the District account by the C ity from the City's General Fund Account.

Balance to Levy - This is the total amount to be levied to the par cels within the District for the current fiscal year. The Balance t o Levy represents the sum of the Total Direct and Administration Costs, plus any revenue adjustments resulting from

Council Agenda- April 4, 2024

2024/2025 Drainage Maintenance Benefit Assessment D istrict No. 1 Page 6 the Reserve Fund, Beginning Balance, City Contribut ions or Other Revenue Sources. This dollar amount represents the total fu nds to be collected from the parcels through assessments on the property tax bills.

Total Equivalent Benefit Unit (EBU) - The Equivalent Benefit Unit (EBU) is a numeric value calculated for each parcel based on the parcel’s land use and size.

The EBU shown in the District Budget represent the sum total of all individual parcel EBUs that receive benefit from the improvements.

Council Agenda- April 4, 2024

2024/2025 Drainage Maintenance Benefit Assessment D istrict No. 1 Page 7 B. DISTRICT BUDGET

DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 1
2024/2025 PROJECTED DISTRICT BUDGET

DIRECT COSTS
Maintenance Costs $35,000
Capital Replacement Costs 30,000
Utilities 0
Direct Subtotal $65,000

ADMINISTRATION COSTS
Administrative Personnel Overhead $500
Public Works Personnel Overhead 500
Professional Fees 2,000
County Admin. Fees 50
Administration Subtotal $3,050
Total Direct and Administration Costs $68,050

LEVY ADJUSTMENTS
Reserve Fund Contribution ($53,000)
Personnel/Overhead - City of Indian Wells Subsidy 0
Annual City Operating Contribution 0
City of Indian Wells Contribution and Subsidy Subtotal ($53,000) Remaining Balance to Levy $15,050

DISTRICT STATISTICS
Total Parcels 151
Total Parcels Levied 133
Total Equivalent Benefit Unit (EBU) 133

FY 2024/2025 Levy Rate per EBU (projected) $113.16
FY 2024/2025 Maximum Levy Rate per EBU Allowed $709.6820 Total Assessment Allowable Assessment $94,387.71

FY 2023/2024 Levy Rate per EBU $98.12
FY 2023/2024 Maximum Levy Rate per EBU Allowed $689.8272

FUND BALANCE INFORMATION
Beginning Reserve Balance $555,950
Reserve Fund Collection/(Reduction) (53,000)
Ending Reserve Fund Balance 6/30/2025 $502,950

Council Agenda- April 4, 2024

2024/2025 Drainage Maintenance Benefit Assessment D istrict No. 1 Page 8

APPENDIX A - ASSESSMENT DIAGRAM

Council Agenda- April 4, 2024

2024/2025 Drainage Maintenance Benefit Assessment D istrict No. 1 Page 9 APPENDIX B - 2024/2025 ASSESSMENT ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared.

Non-assessable lots or parcels may include government owned land, public utility owned property, land principally encumbered with public r ight-of-ways or easements and dedicated common areas. These parcels will not be assessed.

A listing of parcels within the District, along with the proposed assessment amounts, have been submitted to the City Clerk, and by reference, are made part of this Report.

Upon approval of the Engineer’s Annual Levy Report, and confirmation of the assessments, the assessment information will be sub mitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2024/2025. If the parcels or assessment numbers within the District a nd referenced in this Report, are re- numbered, re-apportioned or changed by the County A ssessor’s Office after approval of the Report, the new parcel or assessment numbers wi th the appropriate assessment amount will be submitted to the County Auditor/Cont roller. If the parcel change made by the County includes a parcel split, parcel merger o r tax status change, the assessment amount submitted on the new parcels or assessment n umbers will be based on the method of apportionment and levy amount approved in this Report by the City Council.

Council Agenda- April 4, 2024
Assessor's Parcel Number Land Use
Description EBU Applied Assessment Maximum
Assessment
633-870-001 75060 PROMONTORY PL SFR 1.0 $113.16 $709.68 633-870-002 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-870-003 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-870-004 45199 MANOR WAY SFV 1.0 113.16 709.68
633-870-005 75052 HANCOCK PL SFV 1.0 113.16 709.68
633-870-006 75049 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-010 75228 HANCOCK PL SFV 1.0 113.16 709.68
633-870-011 75212 HANCOCK PL SFV 1.0 113.16 709.68
633-870-012 75196 HANCOCK PL SFV 1.0 113.16 709.68
633-870-013 75180 HANCOCK PL SFV 1.0 113.16 709.68
633-870-014 75164 HANCOCK PL SFV 1.0 113.16 709.68
633-870-015 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-870-016 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-870-017 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-870-018 75100 HANCOCK PL SFV 1.0 113.16 709.68
633-870-019 75084 HANCOCK PL SFV 1.0 113.16 709.68
633-870-020 75068 HANCOCK PL SFV 1.0 113.16 709.68
633-870-021 75065 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-022 75081 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-023 75097 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-024 75113 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-025 75129 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-026 75145 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-027 75161 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-028 75177 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-029 75193 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-030 75209 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-031 75225 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-032 75216 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-057 75200 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-058 75184 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-059 75168 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-060 75152 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-061 75136 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-062 75120 PROMONTORY PL SFV 1.0 113.16 709.68
633-870-063 75104 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-064 75088 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-065 75072 PROMONTORY PL SFR 1.0 113.16 709.68
633-870-066 75071 MANSFIELD DR SFV 1.0 113.16 709.68
633-870-067 75087 MANSFIELD DR SFV 1.0 113.16 709.68
633-870-068 75103 MANSFIELD DR SFV 1.0 113.16 709.68
633-870-069 75119 MANSFIELD DR SFV 1.0 113.16 709.68
633-870-070 75135 MANSFIELD DR SFV 1.0 113.16 709.68
633-870-071 75151 MANSFIELD DR SFV 1.0 113.16 709.68
633-870-072 75167 MANSFIELD DR SFV 1.0 113.16 709.68
633-870-073 75183 MANSFIELD DR SFV 1.0 113.16 709.68
633-870-074 75199 MANSFIELD DR SFV 1.0 113.16 709.68
633-880-001 45285 MANOR WAY SFV 1.0 113.16 709.68
633-880-002 45369 MANOR WAY SFV 1.0 113.16 709.68
633-880-003 45405 MANOR WAY SFV 1.0 113.16 709.68
633-880-004 45435 MANOR WAY SFV 1.0 113.16 709.68
633-880-005 75041 CITADEL PL SFV 1.0 113.16 709.68
633-880-006 75057 CITADEL PL SFV 1.0 113.16 709.68
633-880-007 75048 CITADEL PL SFV 1.0 113.16 709.68
633-880-008 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-009 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-010 75053 HANCOCK PL SFV 1.0 113.16 709.68
633-880-012 75073 CITADEL PL SFV 1.0 113.16 709.68
633-880-013 75089 CITADEL PL SFV 1.0 113.16 709.68
633-880-014 75105 CITADEL PL SFV 1.0 113.16 709.68
633-880-015 75121 CITADEL PL SFV 1.0 113.16 709.68
633-880-016 75185 CITADEL PL SFV 1.0 113.16 709.68
633-880-017 75201 CITADEL PL SFV 1.0 113.16 709.68
633-880-018 75217 CITADEL PL SFV 1.0 113.16 709.68
633-880-019 75233 CITADEL PL SFV 1.0 113.16 709.68
633-880-020 75224 CITADEL PL SFV 1.0 113.16 709.68
City of Indian Wells
Situs Address
Drainage Maintenance Benefit Assessment District No. 1
Fiscal Year 2024/2025
Preliminary Assessment Roll
DBAD No. 1 Fiscal Year 2023/2024 Preliminary Assessment Roll Page 1 of 3

Council Agenda- April 4, 2024
Assessor's Parcel Number Land Use
Description EBU Applied Assessment Maximum
Assessment
City of Indian Wells
Situs Address
Drainage Maintenance Benefit Assessment District No. 1
Fiscal Year 2024/2025
Preliminary Assessment Roll
633-880-021 75208 CITADEL PL SFV 1.0 113.16 709.68
633-880-022 75192 CITADEL PL SFV 1.0 113.16 709.68
633-880-023 75112 CITADEL PL SFV 1.0 113.16 709.68
633-880-024 75096 CITADEL PL SFV 1.0 113.16 709.68
633-880-025 75080 CITADEL PL SFV 1.0 113.16 709.68
633-880-026 75064 CITADEL PL SFV 1.0 113.16 709.68
633-880-027 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-028 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-029 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-030 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-031 75195 PALISADES PL SFV 1.0 113.16 709.68
633-880-032 75211 PALISADES PL SFV 1.0 113.16 709.68
633-880-033 75227 PALISADES PL SFV 1.0 113.16 709.68
633-880-034 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-035 75210 PALISADES PL SFV 1.0 113.16 709.68
633-880-036 75194 PALISADES PL SFV 1.0 113.16 709.68
633-880-037 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-038 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-039 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-040 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-041 75069 HANCOCK PL SFV 1.0 113.16 709.68
633-880-042 75085 HANCOCK PL SFV 1.0 113.16 709.68
633-880-043 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-044 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-045 75197 HANCOCK PL SFV 1.0 113.16 709.68
633-880-046 75213 HANCOCK PL SFV 1.0 113.16 709.68
633-880-047 75229 HANCOCK PL SFV 1.0 113.16 709.68
633-880-052 75137 CITADEL PL SFV 1.0 113.16 709.68
633-880-053 75153 CITADEL PL SFV 1.0 113.16 709.68
633-880-054 75169 CITADEL PL SFV 1.0 113.16 709.68
633-880-055 75176 CITADEL PL SFV 1.0 113.16 709.68
633-880-056 75160 CITADEL PL SFV 1.0 113.16 709.68
633-880-057 75144 CITADEL PL SFV 1.0 113.16 709.68
633-880-058 75128 CITADEL PL SFV 1.0 113.16 709.68
633-880-059 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-060 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-061 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-062 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-063 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-064 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-065 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-066 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-067 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-068 NO SITUS AVAILABLE SFV 1.0 113.16 709.68
633-880-069 75165 HANCOCK PL SFV 1.0 113.16 709.68
633-880-070 75181 HANCOCK PL SFV 1.0 113.16 709.68
633-890-001 75268 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-002 75284 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-003 75300 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-004 75316 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-005 75332 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-006 75348 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-007 75364 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-008 75380 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-009 75396 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-010 75412 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-011 75419 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-012 75403 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-013 75387 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-014 75371 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-015 75355 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-016 75339 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-017 75323 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-018 75307 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-019 75291 MANSFIELD DR SFV 1.0 113.16 709.68
633-890-020 75275 MANSFIELD DR SFV 1.0 113.16 709.68
DBAD No. 1 Fiscal Year 2023/2024 Preliminary Assessment Roll Page 2 of 3

Council Agenda- April 4, 2024
Assessor's Parcel Number Land Use
Description EBU Applied Assessment Maximum
Assessment
City of Indian Wells
Situs Address
Drainage Maintenance Benefit Assessment District No. 1
Fiscal Year 2024/2025
Preliminary Assessment Roll
633-890-021 75259 MANSFIELD DR SFV 1.0 113.16 709.68
Summary Fields Value
Parcel Count: 133
EBU Total: 133.00
Applied Assessment Total: $15,050.28
DBAD No. 1 Fiscal Year 2023/2024 Preliminary Assessment Roll Page 3 of 3

Council Agenda- April 4, 2024
1 INDIAN WELLS CITY COUNCIL
April 4, 2024
To: City Council
From: Community Development
Prepared by: Jon Berg, Community Development Director
Subject: Resolution Approving General Plan Amendment No. 2024- 01 to Adopt the 6th Cycle 2021-2029 Housing Element, and Finding the Action Exempt under the California
Environmental Quality Act (CEQA)
RECOMMENDED ACTIONS:

Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; and
ADOPTS Resolution approving General Plan Amendment No. 2024-01 for the 6th Cycle 2021-2029 Housing Element; and
FINDS the action exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) of the CEQA Guidelines.

BACKGROUND:

The Housing Element is a state- mandated element of the City’s General Pla n and is required to be updated every 8-years and certified by the State Department of Housing and Community Development (“HCD”). California cities are currently in the 6 th Housing Element Cycle, which includes the 8-year period between 2021-2029. The primary purpose of the City’s Housing Element is to identify existing and projected housing needs, and i nclude the City’s goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing. Government Code Section 65302(c) mandates that Housing Elements adequately plan for the City’s existing and projected housing needs, including its share of the regional housing need allocation (RHNA). The City of Indian Wells has been assigned an allocation of 382 new housing units as its share of the RHNA in Southern California for the 6th Housing Element cycle.

The City Council reviewed and adopted the 2021-2029 Housing Element at its Public Hearing on June 2, 2022, and re-adopted a subsequent draft of the Housing Element at its Public Hearing on July 6, 2023, where the Council directed staff to submit the re- adopted Housing Element to HCD for its 60-day review to consider certification. Staff did

Council Agenda- April 4, 2024
2 so. However, HCD issued a letter on September 5, 2023 (Attachment 2), finding that further revisions were necessary to comply with state Housing Element Law. Since that time, staff has worked with the City’s consultant, DeNovo Planning Group, and our City Attorney’s office to respond to HCD comments and to create a final draft Housing Element.

The final draft Housing Element was posted on the city’s website and emailed to interested parties for the required 7-day public review period on November 8, 2023 and then submitted to HCD for its 60-day review on November 15, 2023. HCD issued a letter on December 12, 2023 (Attachment 3), finding that the final draft Housing Element itself meets the statutory requirements of state Housing Element Law, but that the city must formally adopt the final version and the complete any necessary rezoning as described in Program 3 (Production of New Housing/Shorfall Program) of the city’s Housing Element before HCD can certify the Elemen t. Specifically, HCD found that the Housing Element will substantially comply with state Housing Element Law (Go v. Code, § 65580 et seq.) once (1) the City formally adopts it, (2) the City completes the required rezoning, (3) the City submits the formally adopted final Element to HCD, and (4) HCD approves it.

The Planning Commission recently reviewed the final draft Housing Element at a Public Hearing on February 29, 2024, and unanimously a dopted a Resolution (Attachment 4) recommending that the City Council approve the General Plan Amendment to adopt the 2021-2029 Housing Element. The required rezoning will follow.

DISCUSSION:

In response to comments received from HCD, the City’s final draft Housing Element has been updated to address HCD’s concerns and has been formatted in a redline strike-out format to show where the updates have been made (Attachment 5). The highlighted text in the document represents the latest updates responding to HCD’s September 5, 2023, comment letter. The revisions requested by HCD can be grouped into two topic areas:

1. Affirmatively Furthering Fair Housing (AFFH) Research, Analysis, and Programs

2. Reducing/Removing Governmental Constraints
Below is a summary of the revisions made to the Housing Element to address HCD’s requests:

Affirmatively Furthering Fair Housing (AFFH) Research, Analysis, and Programs  Added approved and entitles projects to the AFFH Analysis  Revised the following programs to include specific actions, metrics, geographic targets, and/or timelines

Council Agenda- April 4, 2024
3 o Program 1: Rehabilitation and Community Revitalization o Program 2: Preservation of At-Risk Units
o Program 3: Production of New Housing Units (Shortfall Program) o Program 5: General Plan Update
o Program 8: Accessory Dwelling Units and SB 9 Units
o Program 20: Affirmatively Furthering Fair Housing Program Reducing/Removing Governmental Constraints
 Revised Program 13: Development Code Amendments - Housing Constraints

Coordination with HCD on Adopted, Readopted, and Subsequent Draft Housing Element

Per City Councils direction, staff and representatives from De Novo have conducted proactive contact and discussions with HCD to achieve certification of the City’s Housing Element. This diligent and deliberate process has included dozens of points of contact, including emails, phone calls, video conferences, and in-person meetings starting in June 2022 (upon Council’s adoption of the Housing Element) and continuing to this day. As directed by City Council, staff and De Novo have advocated for the City’s ability to retain local land use control and decision-making authority. To support in this effort, staff and De Novo reviewed over twenty certified Housing Elements for other jurisdictions throughout the State to identify specific language and programs that were “acceptable” in other jurisdictions and presented these facts to HCD for consideration durin g their course of review. Additionally, while most jurisdictions are provided a single point -of- contact/reviewer at HCD, unfortunately due to circumstances entirely outside of the City’s control, the City has had four separate reviewers since June 2022, and each reviewer has their own perspective and interpretation of Housing Element requirements, State law, and new statutory requirements such as fair housing and analysis of emergency shelters.

Moreover, following Council’s adoption of the Housing Element in June 2022, numerous significant pieces of legislation came into effect with little or no advanced notice. This includes SB 197 and AB 2339, which significantly impacted the requirement to complete necessary rezones prior to certification and the analys is of emergency shelters, respectively. Despite these challenges, staff and De Novo continued to assert Council’s directive for maintaining the City’s best interest throughout all coordination with HCD by proposing solutions that reflected the spirit and values of the Indian Wells community. In instances where HCD requested a revision or amendment inconsistent with the priorities of the City, staff and De Novo clearly articulated Council’s preferences to HCD and explained why their request was incompatible with the community and provided alternative creative ideas to address their concerns. Through this process, staff and De Novo were ultimately able to prepare a Subsequent Draft Housing Element that maintains the best interests of Indian Wells while being f ound in compliance with State Housing Law. Below is a summary of coordination with HCD between June 2022 and today, including a description of SB 197 and AB 2339 which came into effect during this period.

Council Agenda- April 4, 2024
4 Summary of Contact
 6/13/22: Submitted Adopted HE
 6/16/22: Informed by HCD that a new reviewer was assigned  6/17/22: Introductory email sent to new reviewer
 6/30/22: SB 197 signed into law (no guidance provided by legislature or HCD)  7/15/22: General email from HCD with guidance on SB 197  7/19/22: City check-in with reviewer seeking to proactively address any outstanding issues
 7/19/22: Response from reviewer that the review was still in process  7/19/22: City request for expedited review to meet SB 197 requirements (HCD guidance only provided four days prior)
 7/29/22: Informal response from HCD saying informal review complete  8/3/22: Meeting to discuss informal feedback and feedback matrix provided which identified over two dozen requests for revisions on all topic areas (review and revision, housing needs, housing programs, quantified objectives, and public participation). Revisions requested were substantial and additional coordination, including examples from HCD on acceptable language, were requested  8/8/22: City reached out to reviewer to request a follow-up call ASAP to discuss solutions to address HCD comments on housing mobility programs (no response received)
 8/12/22: HCD Review Letter Received
 8/31/22: Follow-up email to email sent on 8/8/22
 9/1/22: HCD indicated they would think about the issues and provide us examples  9/29/22: City emails HCD to ask for the examples they promised (no response received)
 10/5/22: City emails HCD director requesting feedback o r direction on the numerous outstanding items (no response received)
 10/26/22: Follow-up email to email sent on 10/5/22
 11/1/22: Response from HCD indicating that they needed to prioritize other projects but they did share some limited example program solutions  12/29/22: HCD AB 2339 Memo Issued, requires new analysis of Emergency Shelters to be included in the Housing Element (applied retroactively)  1/1/23-5/30/23: Preparation and internal review of responses to comments  7/7/23: Resubmittal of Housing Element to HCD
 8/17/23: New reviewer assigned, internal coordination and proactive outreach to HCD to resolve outstanding issues
 8/29/23: Conference with HCD to discuss review; during this discussion, reviewer indicated nearly all comments were resolved
 9/5/23: HCD Review Letter Received with numerous comments still provided  11/15/23: Subsequent Draft Submitted to HCD for review  11/16/23: New reviewer assigned
 11/17/23: Preliminary review provided by HCD
 12/8/23: Informal revisions provided to HCD for review  12/12/23: Pre-Certification Letter Received

Council Agenda- April 4, 2024
5 SB 197 (Required Rezoning Program and Certification)

Prior law required rezoning specified in housing elements to be completed within one year (instead of three years) if the jurisdiction was not found in compliance with Housing Element Law within 120 days of the statutory deadline.

SB 197, which was signed into law on June 30, 2022, changed the rezoning deadlines for jurisdictions with statutory housing element deadlines in 2021, including Southern California Association of Governments (SCAG) jurisdictions. SCAG jurisdictions could only maintain the approximate three-year rezoning deadline if their adopted housing element were found in compliance by October 15, 2022. A housing element that is adopted and found in compliance means HCD has completed its r eview of the adopted element and has issued a review letter finding the element in compliance with Housing Element Law.

Jurisdictions seeking to maintain the three -year deadline for rezoning were advised to “plan accordingly given the statutory review timelines, which are 60 days for adopted and subsequent draft submittals”. In other words, to receive certification by October 15, 2022, an Adopted Housing Element would need to have been submitted to HCD by August 15, 2022 with no further revisions required. At the time HCD’s guidance was received , the City of Indian Wells was already in the middle of its 60-day state mandated review period and was expecting its letter by August 11, 2022.

Additionally, SCAG jurisdictions could not be found in compliance wit h Housing Element Law until all necessary rezones are complete if they fail to adopt a housing element found in compliance by October 15, 2022. All rezoning must be complete prior to certification.

Statutory Housing Element Update Schedule

State law has established clear disincentives for local jurisdictions that have not yet adopted their 6 th Cycle Housing Element and received HCD’s certification. AB 1398 became effective on January 1, 2022, which imposes penalties for not having a certified Housing Element. Every city that has not adopted and received a letter from HCD finding its Housing Element to be in substantial compliance with state law by February 12, 2022, is now required to complete any rezoning identified in their housing program before HCD may certify the Element.

Various consequences may apply if the City does not have a Housing Element that is certified as being in substantial compliance with state Housing Element Law. Many are significant, including:

 Ineligibility for State Funding: Noncompliance automatically results in ineligibility or delay in receiving state funds that require a compliant housing element as a prerequisite.

Council Agenda- April 4, 2024
6  Financial and Legal Issues: Jurisdictions without a certified Element may face additional financial and legal ramifications. HCD may notify the California Office of the Attorney General, which may bring suit for violations of state Housing Element Law. Further, state law provides for court -imposed penalties for persistent noncompliance, including fines and other financial penalties.

 Loss of Local Land Use Control: Other potential consequences include a court order limiting our local land use authority . Ultimately, the State may seek, and court may appoint an agent (akin to a receiver) to step in and take control of the City’s Housing Element process.

 Make NIMBY’s Pay Act: Attorney General Rob Bonta and San Francisco Senator Scott Weiner, recently rolled out a new bill that would put the financial squeeze on cities found by a court to have violated state housing law. In short, the bill would impose fines ($10,000 per month) for any city being in violation of housing laws. The cities would begin racking up legal debt starting on the day they stop following the law. They call it, “the make nimby’s pay” Act.

Those are just the potential consequences with respect to the State. There are other significant consequences that don’t directly involve the State, including:

 Private Lawsuits: Private parties may sue the City to compel the City to adopt a compliant Element and complete required rezoning. There is a growing group of very active special -interest groups that are doing exactly that, with frequent success (e.g., Californians for Homeownership, YIMBY, and Housing Defense Fund). Whether these private lawsuits speed up the process of Housing Element- certification and rezoning is debatable (most cities are moving as fast as they can), but the groups do ask for and get significant attorney -fee awards for their involvement. (Even when they join a suit brought by the State, which they do.)

 Builders Remedy: The other main private -side consequence of not having a certified Housing Element is exposure to the so-called “builder’s remedy” under the Housing Accountability Act (“HAA”). The HAA prevents a city that does not have a certified Housing Element from denying a n application for a housing development project with at least 20 percent of the units are affordable — regardless of whether the project complies with the city’s general plan and zoning.

In other words, a city must ignore inconsistencies with its general plan and zoning, with only limited and rare exceptions (e.g., demonstrable imminent and unmitigatable threats to public health and welfare).

Cities without a certified Housing Element are feeling pressure from the threat of the “builder’s remedy” even more acutely right now since La Ca ñada / Flintridge recently suffered a significant loss in LA County Superior Court in connection with a builder’s

Council Agenda- April 4, 2024
7 remedy project that ignored the city’s adopted general plan and zoning standards . The state Attorney General joined the suit against the city, and the special -interest group Housing Defense Fund (“HDF”) filed its own related lawsuit, and the developer and HDF are expected to seek substantial attorney-fee awards. The La Cañada / Flintridge city council must now go back and reconsider the project without regard to the conflicting provisions of the general plan and zoning code — which, the court essentially held , are preempted by the builder’s remedy in state law because the city didn’t have a certified Housing Element when the applicant applied their initial application with the city.

Whether it is the threat of a builder’s remedy project or of a private or public -agency lawsuit or of the loss of local land -use control or of repeated fines that quickly escalate to six figure s — there are many reasons why cities now feel compelled to get their Housing Elements certified without any delay.

The Planning Commission has recommended that the City Council adopt the final draft of the 6th Cycle Housing Element. With the City Council’s formal adoption, staff will return to the Planning Commission with the associated rezoning program (Program 3) for formal recommendation to City Council. HCD has committed to certifying the city’s 6th Cycle 2021-2029 Housing Element once the rezoning program is complete.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This action 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, has reviewed the project’s potential effects on the environment and has determined that the project is exempt from CEQA in accordance with Section 15061(b)(3) of the CEQA Guidelines because the activity is governed by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment , and it can be seen with certainty that there is no possibility that the adoption of this policy document would have a significant effect on the environment, directly or indirectly.

ATTACHMENTS:

1. Resolution

2. HCD September 5, 2023 Comment Letter

3. HCD December 12, 2023 Pre-Certification Letter

4. Planning Commission Resolution

5. Final Draft 6th Cycle 2021-2029 Housing Element

Council Agenda- April 4, 2024
73-710 Fred Waring Drive, Suite 117, Palm Desert, CA 92260 | lifttorise.org RE: Resolution Approving General Plan Amendment No. 2024- 01 to Adopt the 6th Cycle 2021-2029 Housing Element, and Finding the Action Exempt under the California Environmental Quality Act (CEQA)
Dear Mayor Greg Sanders, Mayor Pro Tem Bruce Whitman, and distinguished council members, Lift to Rise is writing to express our excitement and staunch support for the City of Indian Wells adopting the 6th Cycle 2021-2029 Housing Element.

We are excited to see the pro-housing policy interventions the city is considering and encourage Indian Wells and its council to go further than what is mandated by the state. With a total Regional Housing Needs Assessment (RHNA) allocation of 382 units, 198 of those units are allocated for affordable housing. To accommodate the RHNA allocation, the city has identified areas for a potential rezoning, an affordable housing overlay, and increased densities; however, given the extreme need for housing, we encourage the city to consider ordinances that will streamline and guarantee affordable housing for the extremely low- and low-income households.

For example, interventions such as inclusionary zoning, linkage fees, preapproved ADU plans meant for long term rentals, and a TOT allocation to affordable housing funds like the We Lift:

Coachella Valley Housing Catalyst Fund (Catalyst Fund), to name a few.

We are also excited to see utilization of legislation such as SB 4 where the use of faith-based land for affordable housing is explored. Mentioned in the City’s housing element are intentions to coordinate with Southwest Community Church to explore high opportunity areas for development. Also mentioned in the Housing Element and encouraged by us to increase collaboration with our office, is how “the City will also coordinate with service providers such as Lift to Rise to identify interest in developing or partnering with a housing developer, as well as potential sites owned or administered by the organization to accommodate affordable housing.” Historically, the city of Indian Wells serves a specific population that falls under the affordable housing umbrella, and we encourage you to expand your reach to address the needs of all, especially hospitality workers. The discussed “employee housing program” under New Housing Choices is a great start to involve businesses in supporting affordable housing, however, that program has been listed as “medium priority” on the timeline for the Fair Housing Program Action Items. Many of these proposed city programs that target the very low to low-income population have been classified as a “medium” priority. Again, given the state of the housing crisis in the region, we urge the city to reconsider the urgency of such programs that will help reduce the number of families in our region that are experiencing rent burden. This will then make it easier to implement the city’s proposed Program 18 to address homeless challenges. The existing housing units deemed affordable within the city are designated 55+ communities. It is extremely important to preserve these affordable units as well as increase the development of new affordable multifamily units. Given the youthful workforce that drives the economy in Indian Wells, the city would strengthen its Housing Element with a specific plan and timeline for the development of new multifamily affordable housing units. That said, we are hopeful that what has been identified in the city’s Housing Element will help achieve this goal and encourage strict enforcement.

As mentioned in the Housing Element, “units affordable to lower-income households are historically more difficult to develop due to extremely limited available funding for affordable Public Comment: Public Hearing Item. H.1
April 4, 2024 Council Agenda

73-710 Fred Waring Drive, Suite 117, Palm Desert, CA 92260 | lifttorise.org

housing projects.” The We Lift Catalyst Fund is a unique financing vehicle for affordable housing production where contributed funds are matched dollar for dollar by our partner CDFIs and funds are recycled back into the community. The Catalyst Fund makes building affordable housing in your city more feasible. Particularly as was mentioned in Program 6 regarding growing the Catalyst Fund, we would encourage staff to reach out to us to aid in your implementation process and discuss potential collaboration with the Catalyst Fund.

Lift to Rise was formed to transform the systems that generate the supply of affordable housing, recognizing that the combination of low wages and high housing costs are the root causes of financial precarity among Coachella Valley residents.

That is why Lift to Rise and over 60 cross-sector partners, including the city of Indian Wells, have coordinated around a shared goal of reducing the regional housing cost burden at a population level through the production of 10,000 units of affordable housing in the Coachella Valley by 2028.

Together, we are operating off a shared Action Plan which spans 5 key strategy areas:

1. Aggregating a pipeline of community-prioritized projects across the valley,

2. Growing a regional Housing Catalyst fund to spur production,

3. Advocating at the local, state, and federal level for policies and regulatory changes that Support housing production in our region,

4. Engaging and mobilizing residents and elected officials in support of affordable housing, and

5. Keeping residents housed through a coordinated eviction prevention strategy.

We stand ready as a collaborative to support the city to increase affordability. We thank the City of Indian Wells for joining us in this work thus far and urge the city council to continue to prioritize the production of affordable housing to ensure that all residents are healthy, stable, and thriving and urge you again prioritize affordability with this recommendation.

Thank you for your time.

Lift to Rise

Michael H. LeiferMichael H. LeiferMichael H. LeiferMichael H. Leifer Direct Dial: (949) 851-7294
E-mail: [email protected]
File No.: -
Ap
ril 4, 2024
3 Park Plaza, Suite 1950, Irvine, CA 92614-2518
(
949) 851-7388 | www.palmierilawgroup.com

VIA E-MAIL
City of Indian Wells City Council
c/o Angelica Avila, City Clerk
44-950 Eldorado Drive
Indian Wells, CA 92210
[email protected]
Re
: Objection to Resolution Approving General Plan Amendment No. 2024-01 and General Plan Housing Element Annual Progress Report for 2023 Our Client: Lissoy Family Trust, Owner of APN 633-360-002 ("Subject Property")
Dear Honorable Mayor and Council Members:

This letter is on behalf of our client Lissoy Family Trust U/D/O 1996 (“LFT” or “Owner”). LFT is the owner of the subject property, approximately 34.18 acres located at Miles Avenue and Warner Trail adjacent to the Indian Wells Tennis Garden. LFT objects to the proposed Resolution Approving General Plan Amendment No. 2024-01 and the City’s General Plan Housing Element Annual Progress Report for 2023.

These City actions are inextricably interrelated to and dependent upon the subject property. Yet, LFT was not provided notice of these agenda items that directly impact its property. LFT happened to come across the agenda items and have not had sufficient time to review the documents and comment in detail. However, the City is presently in litigation with LFT concerning the subject property and the City’s attempt to take actions relating to the subject property, without providing notice, is improper. The City is violating LFT’s procedural rights.

LFT objects on all applicable procedural and substantive grounds.

Very truly yours,
Michael H. Leifer
cc: Client
Public Comment: Agenda Item G.5 & H.1
April 4, 2024 Council Meeting
Subsequent
Draft 2021-
2029 Housing
Element
City Council Hearing
April 4, 2024
Presentation: April 4, 2024
City Council Meeting
Housing
Element
Update
(GPA 2023-01)
Timeline
Housing Element Update Timeline
Phase 1
•Work with SCAG
to determine
local housing
responsibilities
•Virtual
Community
Workshop
Phase 2
•Evaluate existing
conditions
•Review existing
plans and
programs
Phase 3
•Prepare Draft
Housing Element
•Public Review of
Draft Housing
Element
Phase 4
•State Review of
Draft Housing
Element
•Community
Meeting
•Prepare Revised
Draft
Phase 5
•Circulate for
Revised Draft for
Public Review
•Public Hearings
•State Review of
Adopted
Element and
Certification
Phase 6
•Analyze and
Respond to HCD
Comments on
Adopted
Element
•Prepare and
Circulate
Subsequent
Draft Housing
Element
•Public Hearings
•State Review of
Subsequent
Draft/Readopted
Element and
Certification
2020 Jan-Mar
2021
Apr-Dec
2021
Jan-June
2022
Spring
2022
Summer
2022 and
beyond
Key Dates
 Virtual Community Visioning Workshop: November 18, 2020  Public Review of Draft: Dec 2, 2021 – Jan 3, 2022
 HCD Review of Draft: Dec 3, 2021 – Jan 31, 2022
 Receipt of HCD Findings on Draft: Jan 31, 2022
 Community Workshop: April 11, 2022
 Planning Commission Hearing: May 18, 2022
 City Council Adoption: June 2, 2022
 Receipt of HCD Findings on Adopted Element: August 12, 2022  Planning Commission Hearing: June 29, 2023
 City Council Readoption: July 6, 2023
 Receipt of HCD Findings on Readopted Element: September 5, 2023  Public Review of Subsequent Draft: November 8, 2023
 Receipt of HCD Precertification Letter: December 12, 2023  Planning Commission Hearing: February 29, 2024
Opportunities
for Public
Involvement
The City has creatively implemented a meaningful outreach program while adhering to public health and safety measures :
 Advertisements (social media/hard copy)
 Stakeholder list to solicit input
 Housing Survey (electronic and hard copy)
 Public Draft Housing Element
 Community Workshop in-person at the Indian Wells Golf Resort on April 11, 2022 (sites inventory and fair housing)  Emails to interested parties
 Dedicated project website
 Revisions posted to website/notifications provided
State Findings
on Readopted
Element
 Findings letter received on
September 5, 2023
 Identifies revisions
necessary to comply with
State Housing Law

HCD Findings
on Readopted
Housing
Element
Grouped into two categories:

1. Affirmatively Furthering Fair Housing (AFFH) Research and Analysis

2. Reducing/Removing Governmental Constraints
Revisions to
Address HCD
Comments
 Added approved and entitled projects to the AFFH Analysis  Revised the following programs to include specific actions, metrics, geographic targets, and/or timelines
 Program 1: Rehabilitation and Community Revitalization  Program 2: Preservation of At-Risk Units
 Program 3: Production of New Housing Units (Shortfall Program)  Program 5: General Plan Update
 Program 8: Accessory Dwelling Units and SB 9 Units
 Program 20: Affirmatively Furthering Fair Housing Program  Revised Program 13: Development Code Amendments - Housing Constraints to reduce government constraints
HCD Review of
Subsequent
Draft
 HCD has confirmed
Subsequent Draft Housing
Element meets all
statutory requirements
(December 12, 2023)
 Housing Element cannot
be certified by HCD until:

1. Element is readopted

2. Required rezoning
program is complete

Next Steps
❖Prepare and adopt Rezoning/Shortfall Program
➢Planning Commission Hearing on Rezoning is scheduled for April 25, 2024 ➢City Council Hearing to Adopt Rezoning is scheduled for May 16, 2024 ❖Return documents to HCD for official certification
Recommended
Action
Council OPENS the Public Hearing, takes any public testimony, and CLOSES the Public Hearing; and
ADOPTS Resolution approving General Plan Amendment No. 2024- 01 for the 6th Cycle 2021-2029 Housing Element; and
FINDS the action exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3) of the CEQA Guidelines.

RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2024-01

ADOPTING AN UPDATE TO THE GE NERAL PLAN HOUSING ELEMENT FOR THE 2021-2029 PLANNING PERIOD, AS REQUIRED BY STATE LAW,

AND FINDING THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, pursuant to Government Code Section 65300 et seq., cities and counties are required to adopt a comprehensive, long-term General Plan to guide the social, economic, and physical development of their communities; and
WHEREAS, Government Code Section 65302(c) mandates that said General Plan include a Housing Element to adequately plan for the City’s existing and projected housing needs, including its share of the regional housing need (RHNA); and
WHEREAS, the California Government Code requires that cities review and update their Housing Elements every eight years, according to a schedule set forth by the State Department of Housing and Community Development (“HCD”); and
WHEREAS, the City Council of the City of Indian Wells adopted the 2013–2021 “5th Cycle” General Plan Housing Element on November 7, 2013; and
WHEREAS, the City of Indian Wells has been assigned an allocation of 382 new housing units as its share of the Regional Housing Needs Assessment (“RHNA”) in Southern California for the 6th Housing Element cycle covering the Planning Period 2021–2029; and WHEREAS, in preparing the Housing Element update, and in conjunction wi th the City’s ongoing comprehensive General Plan update, the City developed a public engagement program that included a project website dedicated to the General Plan u pdate including the Housing Element, virtual community workshops, stakeholder interviews, advertisements, and emails, all in an effort to educate the community about housing issues and provide opportunities to gather input on housing-related topics; and
WHEREAS, in accordance with State law, the City prepared a first draft Housing Element Update for the 6th Housing Cycle covering the 2021–2029 plannin g period in accordance with California Government Code sections 65580–65589.8; and
WHEREAS, the first draft of the 2021–2029 Housing Element Update was su bmitted to HCD on December 2, 2021, for a 60-day review and comment period under Government Code section 65585(b)(1); and
WHEREAS, HCD was required to review and provide comments on the first draft and the City was required to respond to those comments in order to comply with state housing law; and WHEREAS, the 30-day public review period on the first draft began on December 3, 2021, during which time City residents and other stakeholders were af forded an opportunity to review and comment on the content of the draft; and
ATTACHMENT 1

Council Agenda- April 4, 2024
City of Indian Wells
Resolution No. 2024-__

WHEREAS, on January 27, 2022, a duly noticed public hearing on the Gene ral Plan Amendment for the first draft Housing Element was held by the City’s Planning Commission; and

WHEREAS, HCD issued a letter on January 31, 2022, finding that the draf t element addressed many statutory requirements; however, HCD indicated that revisions were necessary to comply with the state Housing Element Law; and

WHEREAS, the City of Indian Wells responded by preparing a second draft H o u s i n g Element Update incorporating revisions to address HCD’s January 31, 2022, comments, in accordance with California Government Code Sections 65580–65589.8; and

WHEREAS, o n M a y 1 8 , 2 0 2 2 , a d u l y n o t i c e d p u b l i c h e a r i n g o n t h e G e n e r a l Plan Amendment for the second draft Housing Element was held by the City’s Planning Commission, at which the Commission recommended approval to the City Council; and

WHEREAS, on June 2, 2022, after consideration of information and testim ony presented by City staff, the City’s Housing Element consultant, community residents and other interested parties at a duly noticed public hearing, the City C ouncil adopted the second draft of the General Plan Amendment for the 2021–2029 Housing Element Up date as required in accordance with state law; and

WHEREAS, o n J u n e 1 3 , 2 0 2 2 , a s d i r e c t e d b y t h e C i t y C o u n c i l a t i t s J u n e 2, 2022, regular meeting, and in accordance with Government Code section 65585(b)(1), the City submitted the adopted second d raft of the 2021–2029 Housing Ele ment Update to HCD for a second 60-day review period; and

WHEREAS, HCD issued a letter on August 12, 2022, finding that the adopt ed second draft addressed many statutory r equirements; however, HCD again i n d i c a t e d t h a t r e v i s i o n s were necessary to comply with the state Housing Element Law; and

WHEREAS, the City then prepared a third draft Housing Element in respon se to HCD’s August 12, 2022 comments in accordance with state housing law; and

WHEREAS, on June 29, 2023, a duly noticed public hearing on the General Plan Amendment for the third draft Ho using Element was held by the C ity’s Planning Commission, at w h i c h t h e C o m m i s s i o n r e c o m m e n d e d C i t y C o u n c i l a d o p t t h e t h i r d draft of 2021–2029 Housing Element Update; and

WHEREAS, on July 6, 2023, after consideration of information and testim ony presented by City staff, the City’s Housing Element consultant, community residents and other interested parties at a duly noticed public hearing, the City Council adopted the third draft; and

WHEREAS, on July 7, 2023, as directed by the City Council at its July 6, 2023, regular meeting, and in accordance with Government Code section 65585(b)(1), the City submitted the adopted third draft of the 2021–2029 Housing Element Update to HCD for a third 60-day review period; and

Council Agenda- April 4, 2024
City of Indian Wells
Resolution No. 2024-__

WHEREAS, HCD issued a letter on Septemb er 5, 2023, finding that the thi rd draft addressed many statutory requirements; however, more revisions were necessary to comply with the state Housing Element Law; and

WHEREAS, the City drafted and posted a fourth draft Housing Element Upd ate for a seven-day public-review and -comment period from November 8, 20 23, through November 15, 2023; and

WHEREAS, o n N o v e m b e r 1 5 , 2 0 2 3 , i n a c c o r d a n c e w i t h G o v e r n m e n t C o d e s e c t ion 65585(b)(1), the City submitted the fourth draft 2021–2029 Hous ing Element Update (“Final HE”) to HCD for a fourth 60-day review period; and

WHEREAS, HCD issued a letter on December 12, 2023, finding that the Fin al HE meets the statutory requirements of the state Housing Element Law, an d that the City must complete a n y n ec e s s ar y re zo n i n g t o a c c o m m od a t e th e C i ty ’ s r e g io n a l ho u s in g n ee d a l l oc a t ion ( R H N A ), prior to HCD-certification of the Final HE; and

WHEREAS, in accordance with Government Code section 65583, the City fin ds that the Final HE (attached hereto as Exhibit A) complies with state hou sing law, including the duty to affirmatively further fair housing; and

WHEREAS, the Final HE cannot be found by HCD to be in substantial compliance until the City has completed necessary rezones as described in Housing Element Program 3; and

WHEREAS, the City has reviewed the project’s potential effects on the e nvironment and has determined that the project is exempt from the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3) of the CEQA Guidelines because the activity is governed by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment; and

WHEREAS, on February 29th, 2024, the Planning Commission held a duly noticed public hearing on the General Plan Amendment for the Final HE and recommended City Council approve the General Plan Amendment and adopt the Housing Element; and

WHEREAS, duly noticed public hearing on the General Plan Amendment for the Final HE was held by the City Council; and

WHEREAS, the City Council has considered the Planning Commission’s reco mmendation along with information and testimony presented by City staff, t he City’s Housing Element consultant, community residents and other interested parties at a public hearing held on April 4, 2024.

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

SECTION 1. T h e R e c i t a l s a b o v e a r e t r u e a n d c o r r e c t a n d a r e h e r e b y a d o p t e d a s findings as if fully set forth herein.

Council Agenda- April 4, 2024
City of Indian Wells
Resolution No. 2024-__

SECTION 2. In accordance with Section 21.06.010 of the City of Indian Wel ls Zoning Code, the following findings for approving General Plan Amendment No. 2024-01 are made:

1. The proposed General Plan Amendment is internally consistent wi t h t h e G e n e r a l Plan:

The amendment will replace the current Housing Element with the 2021-2029 Housing Element Update, as required by state law. The amendment is internally consistent with the goals and objectives, and policies of the General Plan, inc luding the Land Use Element. The Housing Element Update identifies the availability of adequate sites to accommodate the City’s share of the Regional Housing Need on si tes that have been previously identified for residential development, consistent w ith the City’s Land Use Element. A candidate site (APN 633-360-002) has been identifie d i n t h e H o u s i n g E l e m e n t U p d a t e H o u s i n g P r o g r a m f o r f u t u r e D e v e l o p m e n t C o d e A m e ndment to establish residential densities consistent with those identified in the Housing Element Update for the City’s Candidate Rezone Site.

2. The proposed General Plan Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City:

The Housing Element Update contains a variety of resources that are available for the development, rehabilitation, and preservation of existing and new housing stock in the City for the purposes of protecting the general health, safety, and general welfare of the community as a whole. Specifically, the Housing Element Update identifies housing p r o g r a m s t h a t a s s i s t l o w e r - a n d m o d e r a t e - i n c o m e r e s i d e n t s , d i s advantaged groups, and those with special housing needs.

In addition, regulations established in the City’s Municipal Co d e i m p l e m e n t g e n e r a l health, safety and general welfare objectives of the City of Indian Wells General Plan.

The Housing Element Update identifies issues, strategies, and programs that focus on neighborhood and housing preservation, housing availability, an d equal housing opportunity. Preserving the City’s residential neighborhoods and maintaining the City’s housing stock are essential steps to retaining the City’s livab ility and character.

Providing a greater diversity of housing types, such as multifa mily, condominiums, townhomes, and senior housing facilities, will allow both younger and older generations of Indian Wells’ residents to remain in the community. Housing variety will also enable citizens from a wide range of economic levels to live within the City.

3. The proposed General Plan Amendment will maintain the appropriate balance of land uses within the City:

The amendment identifies issues, strategies, and programs that focus on neighborhood and housing prese rvation. The amendment will prot ect and enhance established neighborhoods while helping the City evolve into a more integrated, walkable, and cohesive community.

SECTION 3. The City Council find that the General Plan Amendment is exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines because the activity is governed by the general rule t h a t C E Q A a p p l i e s o n l y t o projects that have the potential for causing a significant effe ct on the environment, and it can

Council Agenda- April 4, 2024
City of Indian Wells
Resolution No. 2024-__

be seen with certainty that there i s no possibility that the ad option of this policy document would have a significant effect on the environment, directly or indirectly.

SECTION 4. The City Council ADOPTS Resolution approving General Plan Amendment No. 2024-01 for the 2021-2029 Housing Element inclusive of revisions necessary to comply with state housing law, attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 5. The City Manager or his designee is authorized to make minor modifications to the Housing Element to address comments provided by HCD, provided that the modifications would not exceed the total amount of development accommodated by the Housing Element prior to revisions and would not result in new actions by the City that would require a commitment of $20,000 or greater.

SECTION 6. The Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 4th day of April 2024. ____________________________

GREG SANDERS
MAYOR

Council Agenda- April 4, 2024
City of Indian Wells
Resolution No. 2024-__

CERTIFICATION FOR RESOLUTION NO. 2024-_____
I, Angelica Avila, City Clerk of the City of Indian Wells, Cali fornia, DO HEREBY CERTIFY that the whole number of the members of the City Council is five; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Indian Wells on the 4th day of April 2024 by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN

CITY CLERK CITY ATTORNEY

Council Agenda- April 4, 2024
City of Indian Wells
Resolution No. 2024-__

EXHIBIT “A”

FINAL DRAFT 2021-2029 HOUSING ELEMENT

Council Agenda- April 4, 2024
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Septem
ber 5, 2023
Chri
stopher Freeland, City Manager
City Manager’s Office
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210
Dear C
hristopher Freeland:

RE: C
ity of Indian Wells’ 6th Cycle (2021-2029) Adopted Housing Element Thank y
ou for submitting the City of Indian Wells’ (City) housing element adopted on July 6, 2023 and received for review on July 7, 2023, along with revision received on August 29, 2023 and August 30, 2023. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The ado
pted housing element addresses most statutory requirements described in HCD’s August 12, 2022 review; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq), as follows:

1. Aff
irmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Ident
ified Sites and Affirmatively Furthering Fair Housing (AFFH): The element now identifies candidate sites for rezoning by geographic distribution and various fair housing factors. However, the element should also incorporate approved and entitled projects into this analysis. This is particularly important since these projects accommodate the entirety of the above moderate income regional housing needs allocation (RHNA) and a majority of the moderate-income RHNA and appear isolated from the sites identified to accommodate the lower-income RHNA.

ATTACHMENT #2

Council Agenda- April 4, 2024
Christopher Freeland, City Manager

Goals, Priorities, Metrics, and Milestones: As noted above, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to revise or add programs. In addition, while the element includes meaningful actions, it should include additional housing mobility actions to promote housing choices and affordability in the southern and western portions of the City. These programs should not be limited to the RHNA and, instead, target meaningful change in terms of inclusive neighborhoods with housing choices and affordability. Examples of additional actions include creating more housing choices and affordability beyond complying with law (e.g., SB 9, accessory dwelling units), targeting funding, more than one junior accessory dwelling unit per single family structure, homesharing and enhancing capacity and increased densities. Finally, to better AFFH, programs should be revised, as follows:

• Program 8 (Accessory Dwelling Units (ADU)): The Program should consider geographic targeting beyond higher resources areas and target concentrated areas of affluence and relatively higher incomes. • Program 3 (Production of New Housing Units): The Program should target concentrated areas of affluence and relatively higher incomes in addition to City-wide efforts. Further, the Program should specifically commit to how the City will promote affordable housing on religious lands and facilitate lot splits and other housing choices under SB 9. • Program 5 (General Plan Update): The Program should consider numeric targets beyond the RHNA and target concentrated areas of affluence and relatively higher incomes in addition to City-wide efforts. Further, the Program could include additional land use strategies such as rezoning to higher densities (e.g., duplexes to four-plexes and multifamily) in the western and southern portions of the City.
• Programs 1 (Rehabilitation) and 2 (At-risk Preservation): Place-based strategies toward community revitalization could be expanded beyond rehabilitation and at-risk preservation. For example, strategies could include prioritizing investment in the eastern areas of the City for broader neighborhood and community development activities such as streetscapes, active transportation, accessibility modifications, parks, community facilities and recreational programs.

2. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities... (Gov. Code, § 65583, subd. (c)(3).)

Program 13 (Development Code Amendments): While the Program commits to amend zoning and permit procedures for group homes for seven or more persons, it should specifically commit to allow these uses in all residential zones.

Council Agenda- April 4, 2024
Christopher Freeland, City Manager

The element will meet the statutory requirements of State Housing Element Law once it has been revised and adopted, if necessary, to substantially comply with the above requirements pursuant to Government Code section 65585.

As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, if necessary, and submit to HCD to regain housing element compliance.

Pursuant to AB 1398, a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones pursuant to Government Code sections 65583, subdivision (c)(1) and 65583.2, subdivision (c) are completed including all the by right requirements. Once the City completes the program, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence identifying the updated status of the City’s housing element compliance.

In addition, please be aware, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone allows residential development, both the base zone and the overlay zone must comply with the minimum density requirements of Government Code section 65583.2, subdivision (h).

The City may need to adjust Program 3 (Production of New Housing Units), if the underlying zoning for sites that will be rezoned allows minimum densities less than 20 dwelling units per acre. Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, 307 Cal.Rptr.3d 64.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing

Council Agenda- April 4, 2024
Christopher Freeland, City Manager

element, the City will meet housing element requirements for these and other funding sources.

HCD appreciates the hard work and dedication the housing element team provided in preparation of the City’s housing element. HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Fidel Herrera, of our staff, at [email protected].

Sincerely,

Paul McDougall
Senior Program Manager

Council Agenda- April 4, 2024
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Decem
ber 12, 2023
Jon Ber
g, Director
Community Development Department
City of Indian Wells
44-950 El Dorado Drive
Indian Wells, CA 92210
Dear J
on Berg:

RE: C
ity of Indian Wells’ 6th Cycle (2021-2029) Revised Draft Housing Element Thank y
ou for submitting the City of Indian Wells’ (City) revised draft housing element update received for review on November 15, 2023 along with revisions that were received on December 8, 2023. The revisions were posted and made available to the public for seven days prior to the California Department of Housing and Community Development (HCD) review. Pursuant to Government Code section 65585, HCD is reporting the results of its review.

HCD
is pleased to find the revised draft housing element meets the statutory requirements described in its September 5, 2023 review. However, the housing element cannot be found in substantial compliance until the City has completed necessary rezones as described below. The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq.) when the necessary rezones are complete and the element is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.

Purs
uant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that did not adopt a compliant housing element within one year from the statutory deadline (October 15, 2021) cannot be found in compliance until rezones to make prior identified sites available or accommodate a shortfall of sites are completed pursuant to Government Code section 65583, subdivision (c)(1)(A) and Government Code section 65583.2, subdivision (c). As the City did not adopt a compliant element by October 15, 2022 and the necessary rezones are not complete, HCD cannot find the element in compliance. The element can be found in compliance when Program 3 (Production of New Housing Units (Shortfall Program)) is complete. Upon completion of rezones, the City should submit appropriate documentation (e.g., resolution, ordinance) for HCD’s review. HCD will review the documentation and issue correspondence identifying the updated status of the City’s housing element compliance.

ATTACHMENT #3

Council Agenda- April 4, 2024
Jon Berg, Director

In addition, please be aware, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone allows residential development, both the base zone and the overlay zone must comply with the minimum density requirements of Government Code section 65583.2, subdivision (h).

The City may need to adjust its rezoning strategy, if the underlying zoning for sites that will be rezoned allows minimum densities less than 20 dwelling units per acre. Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, 307 Cal.Rptr.3d 64.

P
ublic participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

A
s a reminder, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. While the City has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory.

The City can reach out to HCD at [email protected] f or technical assistance.

S
everal federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

F
or your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

Council Agenda- April 4, 2024
Jon Berg, Director

HCD appreciates the hard work and dedication the housing element team provided throughout the housing element review and update process. HCD looks forward to receiving the adopted element and documentation of completed rezoning as described above. If you have any questions or need additional technical assistance, please contact Anthony Errichetto of our staff, at [email protected].

S
incerely,

P
aul McDougall
Senior Program Manager

Council Agenda- April 4, 2024
26529.00041\42048303.1
RESOLUTION NO. PC 2024-01
A

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIAN

WELLS, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2024-01 ADOPTING AN UPDATE TO THE GENERAL PLAN HOUSING ELEMENT FOR THE 2021-2029 PLANNING

PERIOD, AS REQUIRED BY STATE LAW, AND FINDING THE ACTION TO

BE EXEMPT FROM CEQA
W
HEREAS, pursuant to Government Code Section 65300 et seq., cities and counties are required to adopt a comprehensive, long- term General Plan to guide the social, economic, and physical development of their communities; and
W
HEREAS, Government Code Section 65302(c) mandates that said General Plan include a Housing Element to adequately plan for the City’s existing and projected housing needs, including its share of the regional housing need (RHNA); and
W
HEREAS, the California Government Code requires that cities review and update their Housing Elements every eight years, according to a schedule set forth by the State Department of Housing and Community Development (“HCD”); and
W
HEREAS, the City Council of the City of Indian Wells adopted the 2013–2021 “5th Cycle” General Plan Housing Element on November 7, 2013; and
W
HEREAS, the City of Indian Wells has been assigned an allocation of 382 new housing units as its share of the Regional Housing Needs Assessment (“RHNA”) in Southern California for the 6th Housing Element cycle covering the Planning Period 2021–2029; and W
HEREAS, in preparing the Housing Element update, and in conjunction with the City’s ongoing comprehensive General Plan update, the City developed a public engagement program that included a project website dedicated to the General Plan u pdate including the Housing Element, virtual community workshops, stakeholder interviews, advertisements, and emails, all in an effort to educate the community about housing issues and provide opportunities to gather input on housing- related topics; and
W
HEREAS, in accordance with State law, the City prepared a first draft Housing Element Update for the 6th Housing Cycle covering the 2021 –2029 planning period in accordance with California Government Code sections 65580–65589.8; and
W
HEREAS, the first draft of the 2021–2029 Housing Element Update was submitted to HCD on December 2, 2021, for a 60-day review and comment period under Government Code section 65585(b)(1); and
W
HEREAS, HCD was required to review and provide comments on the first draft and the City was required to respond to those comments in order to comply with state housing law; and W
HEREAS, the 30-day public review period on the first draft began on December 3, 2021, during which time City residents and other stakeholders were afforded an opportunity to review and comment on the content of the draft; and
ATTACHMENT #4

Council Agenda- April 4, 2024
26529.00041\42048303.1

City of Indian Wells
Resolution No. PC 2024-01

WHEREAS, on January 27, 2022, a duly noticed public hearing on the General Plan Amendment for the first draft Housing Element was held by the City’s Planning Commission; and

WHEREAS, HCD issued a letter on January 31, 2022, finding that the draft element addressed many statutory requirements; however, HCD indicated that revisions were necessary to comply with the state Housing Element Law; and

WHEREAS, the City of Indian Wells responded by preparing a second draft Housing Element Update incorporating revisions to address HCD’s January 31, 2022, comments, in accordance with California Government Code Sections 65580–65589.8; and

WHEREAS, on May 18, 2022, a duly noticed public hearing on the General Plan Amendment for the second draft Housing Element was held by the City’s Planning Commission, at which the Commission recommended approval to the City Council; and

WHEREAS, on June 2, 2022, after consideration of information and testimony presented by City staff, the City’s Housing Element consultant, community residents and other interested parties at a duly noticed public hearing, the City Council adopted the second draft of the General Plan Amendment for the 2021 –2029 Housing Element Update as required in accordance with state law; and

WHEREAS, on June 13, 2022, as directed by the City Council at its June 2, 2022, regular meeting, and in accordance with Government Code section 65585(b)(1), the City submitted the adopted second draft of the 2021–2029 Housing Element Update to HCD for a second 60- day review period; and

WHEREAS, HCD issued a letter on August 1 2, 2022, finding that the adopted second draft addressed many statutory requirements; however, HCD again indicated that revisions were necessary to comply with the state Housing Element Law; and

WHEREAS, the City then prepared a third draft Housing Element in response to HCD’s August 12, 2022 comments in accordance with state housing law; and

WHEREAS, on June 29, 2023, a duly noticed public hearing on the General Plan Amendment for the third draft Housing Element was held by the City’s Planning Commission, at which the Commission recommended City Council adopt the third draft of 2021–2029 Housing Element Update; and

WHEREAS, on July 6, 2023, after consideration of information and testimony presented by City staff, the City’s Housing Element consultant, community residents and other interested parties at a duly noticed public hearing, the City Council adopted the third draft; and

WHEREAS, on July 7, 2023, as directed by the City Council at its July 6 , 2023, regular meeting, and in accordance with Government Code section 65585(b)(1), the City submitted the adopted third draft of the 2021–2029 Housing Element Update to HCD for a third 60-day review period; and

Council Agenda- April 4, 2024
26529.00041\42048303.1

City of Indian Wells
Resolution No. PC 2024-01

WHEREAS, HCD issued a letter on September 5 , 202 3, finding that the third draft addressed many statutory requirements; however, more revisions were necessary to comply with the state Housing Element Law; and

WHEREAS, the City drafted and posted a fourth draft Housing Element Update for a seven-day public-review and -comment period from November 8 , 2023, through November 15, 2023; and

WHEREAS, on November 15 , 2023, in accordance with Government Code section 65585(b)(1), the City submitted the fourth draft 2021–2029 Housing Element Update (“Final HE”) to HCD for a fourth 60-day review period; and

WHEREAS, HCD issued a letter on December 12, 2023, finding that the Final HE meets the statutory requirements of the s tate Housing Element Law, and that the City must complete any necessary rezoning to accommodate the City’s regional housing need allocation (RHNA), prior to HCD-certification of the Final HE; and

WHEREAS, in accordance with Government Code section 65583, the City finds that the Final HE (attached hereto as Exhibit A) complies with state housing law, including the duty to affirmatively further fair housing; and

WHEREAS, the Final HE cannot be found by HCD to be in substantial compliance until the City has completed necessary rezones as described in Housing Element Program 3; and

WHEREAS, the City has reviewed the project’s potential effects on the environment and has determined that the project is exempt from the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3) of the CEQA Guidelines because the activity is governed by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment; and

WHEREAS, notice of a public hearing of the Planning Commission of the City to consider the subsequent draft Housing Element was given in accordance with applicable law; and

WHEREAS, on February 29th, 2024, the Planning Commission held a duly noticed public hearing on the Final HE General Plan Amendment for the 2021–2029 Housing Element; and

WHEREAS, the Planning Commission has considered information and testimony presented by City staff, the City’s Housing Element consultant, community residents and other interested parties at a public hearing held on February 29, 2024.

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

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

SECTION 2. In accordance with Section 21.06.010 of the City of Indian Wells Zoning Code, the following findings for approving General Plan Amendment No. 2024-01 are made:

Council Agenda- April 4, 2024
26529.00041\42048303.1

City of Indian Wells
Resolution No. PC 2024-01

1. The proposed General Plan Amendment is internally consistent with the General Plan:

The amendment will replace the current Housing Element with the 2021–2029 Housing Element Update, as required by state law. The amendment is internally consistent with the goals and objectives, and policies of the General Plan, including the Land Use Element. The Housing Element Update identifies the availability of adequate sites to accommodate the City’s share of the Regional Housing Need on sites that have been previously identified for residential development, consistent with the City’s Land Use Element. A candidate site (APN 633-360-002) has been identified in the Housing Element Update Housing Program for future Development Code Amendment to establish residential densities consistent with those identified in the Housing Element Update for the City’s Candidate Rezone Site.

2. The proposed General Plan Amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City:

The Housing Element Update contains a variety of resources that are available for the development, rehabilitation, and preservation of existing and new housing stock in the City for the purposes of protecting the general health, safety, and general welfare of the community as a whole. Specifically, the Housing Element Update identifies housing programs that assist lower- and moderate-income residents, disadvantaged groups, and those with special housing needs.

In addition, regulations established in the City’s Municipal Code implement general health, safety and general welfare objectives of the City of Indian Wells General Plan.

The Housing Element Update identifies issues, strategies, and programs that focus on neighborhood and housing preservation, housing availability, and equal housing opportunity. Preserving the City’s residential neighborhoods and maintaining the City’s housing stock are essential steps to retaining the City’s livability and character. Providing a greater diversity of housing types, such as multifamily, condominiums, townhomes, and senior housing facilities, will allow both younger and older generations of Indian Wells’ residents to remain in the community. Housing variety will also enable citizens from a wide range of economic levels to live within the City.

3. The proposed General Plan Amendment will maintain the appropriate balance of land uses within the City:

The amendment identifies issues, strategies, and programs that focus on neighborhood and housing preservation. The amendment will protect and enhance established neighborhoods while helping the City evolve into a more integrated, walkable, and cohesive community.

SECTION 3. The Planning Commission recommends that the City Council find that the General Plan Amendment is exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines because the activity is governed by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and it can be seen with certaint y that there is no possibility that the adoption of this policy document would have a significant effect on the environment, directly or indirectly.

Council Agenda- April 4, 2024
26529.00041\42048303.1

City of Indian Wells
Resolution No. PC 2024-01

SECTION 4. The Planning Commission ADOPTS Resolution No. PC 2024-01 recommending that the City Council approve General Plan Amendment No. 2024-01 for the 2021- 2029 Housing Element inclusive of revisions necessary in order to comply with state housing law, attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 5. The City Manager or his designee is authorized to make minor modifications to the Housing Element to address comments provided by HCD, provided that the modifications would not exceed the total amount of development accommodated by the Housing Element prior to revisions and would not result in new actions by the City that would require a commitment of $20,000 or greater.

SECTION 6. The Community Development Director shall transmit this recommendation to the City Council, and the Planning Commission recommends that General Plan Amendment No. 2024-01 be scheduled for a public hearing before the City Council.

PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Indian Wells, California, at a regular meeting held on this 29th day of February 2024.

____________________________

NICHOLAS CONWAY
CHAIR

CERTIFICATION FOR RESOLUTION NO. PC 2024-01

I, Jon Berg, Community Development Director of the Planning Department of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the Planning Commission is five; 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 29th day of February 2024 by the following vote:

AYES: Bahneman, Conway, Schleimer, Shubert, Welch
NOES:

EXCUSED:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________ JON BERG CRAIG HAYES for

COMMUNITY DEVELOPMENT DIRECTOR CITY ATTORNEY

Council Agenda- April 4, 2024
26529.00041\42048303.1

City of Indian Wells
Resolution No. PC 2024-01

EXHIBIT “A”

FINAL DRAFT 2021–2029 HOUSING ELEMENT

Council Agenda- April 4, 2024
1 2021—2029

HOUSING

ELEMENT
Adopted July 6, 2023
Final Draft November 2023
City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210
A
ATTACHMENT #5

Council Agenda- April 4, 2024

Council Agenda- April 4, 2024
2021—2029

HOUSING

ELEMENT
PREPARED FOR: CITY OF INDIAN WELLS
44-950 Eldorado Drive
Indian Wells, CA 92210
Contact: Jon Berg | Community Development Director
(760) 776-0229
www.cityofindianwells.org
PREPARED BY: DE NOVO PLANNING GROUP
180 E Main Street Suite 108
Tustin, CA 92780
Adopted July 6, 2023
Final Draft November 2023

Council Agenda- April 4, 2024

Council Agenda- April 4, 2024

2021-2029 HOUSING ELEMENT ORGANIZATION

Part 1: Housing Plan

Part 1 of the 2021 -2029 Housing Element is the City’s “Housing Plan”, which includes the goals, policies, and programs the City will implement to address constraints and needs. The City’s overarching objective is to ensure that decent, safe housing is available to all current and future residents at a cost that is within the reach of the diverse economic segments which comprise Indian Wells.

Part 2: Background Report

Part 2 of the 2021 -2029 Housing Element is the “ Background Report” which identifies the nature and extent of Indian Wells’ housing needs, including those of special populations, potential housing resources (land and funds), potential constraints to housing production, and energy conservation opportunities. By examining the City’s housings, resources, and constraints, the City can then determine a plan of action for providing adequate housing, as presented in Part 1: Housing Plan. In addition to identifying housing needs, the Background Report also presents information regarding the setting in which these needs occur. This information is instrumental in providing a better understanding of the community, which in turn is essential for the planning of future housing needs.

Appendix A: Housing Sites Inventory

The Housing Element must include an inventory of land suitable and available for residential development to meet the City’s regional housing need by income level. The California Department of Housing and Community Development (HCD) requires that the Housing Sites Inventory be prepared using a State- approved format, included here as Appendix A.

Appendix B: Public Engagement Summary

As part of the Housing Element Update the process, the City hosted numerous opportunities for the community and key stakeholders to provide feedback on existing housing conditions, housing priorities, priority areas for new residential growth, and topics related to fair housing. Public engagement was facilitated in both English and Spanish to further engage the Indian Wells community. Public participation played an important role in the refinement of the City’s housing goals and policies and in the development of new housing programs, as included in Part 1: Housing Plan. The public’s input also helped to validate and expand upon the contextual information included in Part 2: Background Report. The City’s efforts to engage the community in a meaningful and comprehensive way are summarized in Appendix B.

Council Agenda- April 4, 2024

Council Agenda- April 4, 2024

PART 1

HOUSING PLAN

Council Agenda- April 4, 2024

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-1
Table of Contents

1.  HOUSING PLAN INTRODUCTION ...........................................................................................................  3

2.  GOALS AND POLICIES ...........................................................................................................................  3 A.   CONSERVATION AND IMPROVEMENT OF HOUSING .............................................................................................. 3 B.   DEVELOPMENT OF HOUSING ........................................................................................................................... 4 C.   REMOVAL OF GOVERNMENT CONSTRAINTS ....................................................................................................... 5 D.  EQUAL HOUSING OPPORTUNITIES .................................................................................................................... 6 E.   ENERGY CONSERVATION ................................................................................................................................ 6

3.  HOUSING PROGRAMS ..........................................................................................................................  7 CONSERVATION AND IMPROVEMENT IMPLEMENTATION PROGRAMS .................................................................................. 7 DEVELOPMENT OF HOUSING PROGRAMS.................................................................................................................... 10 REMOVE GOVERNMENTAL CONSTRAINTS ................................................................................................................... 18 PROMOTE EQUAL HOUSING OPPORTUNITIES .............................................................................................................. 22 ENERGY CONSERVATION ......................................................................................................................................... 39

4.  QUANTIFIED OBJECTIVES .....................................................................................................................  40

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-2
This page intentionally left blank.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-3

1. Housing Plan Introduction

The Background Report of the Housing Element establishes the housing needs, opportunities, and constraints in the City of Indian Wells. The Housing Plan presented in this section sets forth the City’s goals, policies and programs to address Indian Wells’ identified housing needs.

2. Goals and Policies

The following goals and policies focus on the maintenance and provision of a variety of housing in terms of type, afford ability, and style. The Housing Plan sets forth goals and policies to address the following issue areas: 1) conserving and improving existing housing; 2) development of housing; 3) removing constrai nts; 4) promoting equal housing opportunity; and 5) energy conservation.

A. Conservation and Improvement of Housing

GOAL 1: Conserve and improve the condit ion of the existing housing stock.

Policy 1.1: Continue enforcement of the codes an d regulations establishing minimum construction standards.

Policy 1.2: Encourage maintenance and repair of existing housing to prevent deterioration within the City.

Policy 1.3: Monitor the status of at-risk affordable rental housing units, proactively work with potential nonprofit purchasers/m anagers as appropriate and explore funding sources available to preserve the at-risk units.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-4
B. Development of Housing

GOAL 2: Support and encourage the development of housing affordable for all income segments of the population.

Policy 2.1: Maintain adequate capacity to accommodate the City’s unmet Regional Housing Needs Allocation (RHNA) for all income categories throughout the planning period.

Policy 2.2: Continue to provide affordable housing opportunities in Indian Wells through a density bonus incentive for the development of lower and moderate-income units.

Policy 2.3: Encourage private entities (both non-profit and for-profit) to participate in attaining housing goals.

Policy 2.4: Encourage residential development that provides a range of housing types in terms of cost, density, unit size, and configuration.

Policy 2.5: Continue to allow accessory dwelling uni ts and junior accessory dwelling units as a means of providing additional affordable rental housing opportunities.

Policy 2.6: Assist with the development of housin g that targets the needs of special populations, including the elderly, disabled, farmworkers, and homeless.

Policy 2.7: Allow by-right approval for housing developments proposed for non-vacant sites included in one previous housing elemen t inventory and vacant sites included in two previous housing elements, provided that the proposed housing development consists of at least 20 percent lower income and affordable housing units.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-5
C. Removal of Government Constraints

GOAL 3: Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement and development of housing.

Policy 3.1: Continue to utilize zoning standards an d overlay districts that facilitate the development of affordable housing units.

Policy 3.2: Provide reasonable accommodation for housing for persons with disabilities.

Policy 3.3: Periodically review City development standards to ensure consistency with the General Plan and to ensure high-quality affordable housing.

Policy 3.4: Monitor State and federal housing-relate d legislation, and update City plans, ordinances, and processes as appropriate to remove or reduce governmental constraints.

Policy 3.5: Regularly identify and evaluate the impa ct of nongovernmental constraints on housing development and implement programs to reduce negative impacts.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-6
D. Equal Housing Opportunities

GOAL 4: Promote housing opportunities for all persons regardless of race, religion, sex, age, marital status, familial status, ancestry, national origin, color, source of income, sexual orientation, or any other arbitrary factors.

Policy 4.1: Promote fair housing practices throughout the City.

Policy 4.2: Promote a variety of housing types to m eet the special needs of persons with physical and developmental disabilities, elderly households, and others who may need specialized residential living arrangements.

Policy 4.3: Strengthen opportunities for participatio n in the approval process for all housing projects, including affordable housing.

Policy 4.4: Assist in affirmatively furthering and enforcing fair housing laws by providing support to organizations that provide outreach and education regarding fair housing rights, receive and investigat e fair housing allegations, monitor compliance with fair housing laws, and refer possible violations to enforcing agencies.

E. Energy Conservation

GOAL 5: Encourage energy conservation in new and existing housing stock.

Policy 5.1: Incorporate into City codes, when feasible, planning and building standards that contribute to minimizing the consum ption of non-renewable resources for housing construction and rehabilitation.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-7

3. Housing Programs

This section describes the programs that will implement Housing Element goals and policies.

The housing programs define the specific actions the City will undertake in order to achieve the goals for the current planning period. Pursuant to State law, the programs address the following issue areas:

1. Conserve and improve the existing housing stock;

2. Develop housing;

3. Minimize the impact of constraints on housing production; and

4. Assure equal housing opportunity for all residents.

Conservation and Improvement Implementation Programs

1. Rehabilitation and Community Revitalization
Housing Rehabilitation
Although no housing units were determined to need major rehabilitation during this planning period, there are properties in need of minor repairs. Property owners may be eligible for rehabilitation assistance including rebates, grants and loans, through outside programs provided by utility providers an d other organizations. The City will refer property owners to these programs upon inquiry or proactively through code enforcement programs.

The City will prepare a “Good Neighbor Guide” that describes how residents can be good neighbors by maintaining a property in good condition. In this guide, the City will identify common types of minor repairs that residents might be interested in completing and connecting the type of repair with a specific funding opport unity. Through this process, the City will also proactively reach out to nonprofi t organizations to solicit feedback and support in preparing the guide as well as identify potential additional partnerships and resources available to help residents complete minor repairs. The Good Neighbor Guide will be distributed to all residents of Indian Wells and shared online and in hard copy.

Community Revitalization
The City will promote investments and improvements in the eastern areas of the City to ensure housing and residents in these areas are served by place-based opportunities; investments may include streetscape, active transportation, complete streets, accessibility modifications, parks, community facility improvements and recreational programs. Investments shall include at least one community revitalization project each year in census tracts with lower median household incomes (Census Tracts 449.28, 449.11, and 451.08), highest proportion of very low and low income households (eastern po rtion of Census Tract 449.11), and highest proportions of cost-burdened renters (Census Tracts 449.28, 449.11, and 451.08), and communities sensitive to displacement (eastern portion of Census Tract 449.11).

Responsible Agency: Community Development Department
Financing: General Fund; Low Moderate Income Housing Asset Fund (LMIHAF)
Program Objectives: Housing Rehabilitation: Refer property owne rs to applicable

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-8
agencies/organizations for rehabilitation assistance
Community Revitalization: Fund at least one place-based project in the identified Census Tracts (see program description) per year, prioritizing investments that improve access to jobs, education, and transportation and/or provide enhanced
recreational and educational opportunities for residents.

Schedule: Housing Rehabilitation: Prepare and distribu te Good Neighbor Guide by December 2023; update funding and resource
information to address common minor repairs on the City’s website; annual proactive outreach to nonprofit organizations to solicit support in helping to inform and implement minor repairs; encourage the rehabilitation of at least 4 homes a year (32 during the planning period) distributed across very low, low, and moderate income households.

Community Revitalization: Fund at least one project annually, with a total of six improvement projects in the identified geographic target areas, aiming to fund at least 1 project per identified target area and at least three projects in the eastern portion of Census Tract 449.11 which rates low under multiple AFFH factors (income, cost-burden, and sensitive community).

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-9

2. Preservation of At-Risk Units
The City of Indian Wells will implement the following programs on an ongoing basis to conserve the community’s affordable housing stock.
a. Monitor Units At Risk: Monitor projects at risk of converting to market rate within the planning period.
b. Work with Potential Purchasers: Esta blish contact with public and nonprofit agencies interested in purchasing or managing units at risk. c. Tenant Education: The California Legisl ature passed AB 1701 in 1998, requiring that property owners give a nine-month notice of their intent to opt out of low-income restrictions. The City will work with tenants of at-risk units and provide them with information regarding tenant rights and conversion procedures. The City will also provide tenants with information regarding Section 8 rent subsidies through the Riverside County Housing Authority and othe r affordable housing opportunities. The City will implement State Preservation Notice Law (Gov. Code 65863.10, 65863.11, 65863.13) which requires owners to provide tenants and affected public entities (including the City) notices regarding expiring rental restrictions starting three years before expiration.
d. Proactive Contact: The City will contact property owners of units at risk of converting to market-rate housing within one year of affordability expiration to discuss the City’s desire to preserve complexes as affordable housing. Participation from agencies interested in purchasing or managing at-risk units will be sought. Coordinate with owners of expiring subsidies to ensure tenants receive the required notices at 3 years, 12 months, and 6 months, in accordance with California law. e. Assist Tenants of Existing Rent-Restricted Units to Obtain Priority Status on Section 8 Waiting List: Work with the Rive rside Housing Authority to place tenants displaced from at-risk units on a priority list for Section 8 rental assistance. f. Rental Registry. Institute a rental registry program to identify and track rental units, including units that accept Section 8 vouchers, and affordability levels and ensure all rental properties in the Housing Inventory are in the registry.

Responsible Agency: Community Development Department
Financing: CDBG Funds, and Section 8 Vouchers/Certificates Program Objectives: Monitor the status of affordable projects at risk of converting to market rate; identify nonprofit organizations as potential purchasers/managers of at-risk housing units; explore funding sources available to preserve the affordability of projects at risk of converting to market rate or to provide replacement units; assist qualified tenants to apply for priority status on the Section 8 voucher/certificate program immediately should the owners of the at-risk project choose not to enter into additional restrictions. If multiple projects are id entified as being at-risk, the City shall prioritize maintaining affordability of units in communities sensitive to displacement (eastern portion of Census Tract 449.11) while striving to preserve all affordable

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-10
units Citywide.

Schedule: Monitor at-risk units annually; develop rental registry by April 2025
Development of Housing Programs

3. Production of New Housing Units (Shortfall Program)
The City will explore and pursue alternative land use strategies and make necessary amendments to zoning or other land use do cuments to encourage the production of new housing units and facilitate a variety of housing choices throughout the City. These strategies include, but are not limited to, creating a new Housing Opportunity Site Overlay to increase the allowable density on 8 to 10 acres of vacant land (east side of the City), amending the City’s existing development standards to better facilitate the development of affordable units (throughout the City), encouraging higher density opportunities on religious, institutional and quasi-institutional lands (east side of the City), and allowing for urban lot splits under the parameters of the City’s Development Code throughout the City, including vacant residentially- zoned lots in the City’s existing single family neighborhoods (west side of the City).

The City has a 2021-2029 projected RHNA need of 382 housing units including 198 housing units for extremely low, very low, and low income households. The City will continue to monitor the sites currently designated by the City to accommodate its projected growth needs and use of the Affordable Housing Overlay. In addition, the City will prepare and adopt a new Housing Opportunity Site Overlay zone to accommodate residential development at densities of up to 24 du/ac for 100% affordable projects and to permit owner-occupied and rental multi-family uses by-right for projects with 20% or more units affordable to lower income households.

The City understands the housing challenges of extremely low-income households, which are a subset of very low income households who earn 30 percent or less of the median income.

This income group is most likely to experience a housing crisis when faced with rent increases, foreclosure, or other adverse event. The City will collaborate with housing developers to seek state, federal, and ot her appropriate funds and incentives targeted for the development of housing affordable to extremely low-income households through this strategy and the strategy developed in Program 6.

Rezoning Program
The City will rezone a site of at least 8 acres with the Housing Opportunity Site Overlay zone.

The site identified for rezoning is at least 8 acres and no more than 10 acres of APN 633360002, a vacant and undeveloped 34-acre parcel located at the northeast corner of Miles Avenue and Warner Trail. Pursuant to State Housing Element statutes (Govt Code section 65583.2(h)), sites identified for rezoning to address the City’s lower income RHNA shortfall shall meet the following requirements:
 Permit owner-occupied and rental multi-family uses by-right for projects with 20% or more units affordable to lower income households
 Permit a minimum density of 20 units per acre
 Allow a minimum of 16 units per site
 Accommodate at least 50 percent of the lower income need on sites designated for residential use only

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-11
Development Standards
The City will amend its Development Code (see Program 13) to remove government constraints to housing by modifying the City’s development standards related to unit size, height limit, and parking, and will modify its processing and perm it procedures to improv e approval certainty, timing, cost, and feasibility. These modifications are essential to the City’s responsibility to affirmatively further fair housing, including promoting housing mobility and increasing new housing opportunities in higher resource areas and in areas throughout the City.

Additionally the City will continue to provide incentives and flexibility in development standards to encourage affordable housing development as outlined in Section 21.12.040 of the City’s Municipal Code and will continue to explore potential incentives and flexibility in development standards to encourage new hous ing construction within one year of the Housing Element Adoption. The City will proactively reach out to the housing development community to assist in the evaluation of potential incentives.

Religious and Community-Serving Non-Profit Lands
The City will proactively reach out to local faith-based groups and community-serving non- profits to educate the groups on opportunities available to develop affordable housing at their properties. Specifically, by October of 2024, the City will contact Southwest Church, located in east Indian Wells, in an area of highest op portunity, to help encourage the development of new housing opportunities in an area of the City where new development can be supported by infrastructure, goods, and services. The City will also coordinate with service providers such as Lift to Rise to identify interest in developing or partnering with a housing developer, as well as potential sites owned or administered by the organization to accommodate affordable housing.

Following the City’s outreach to faith-based groups and non-profits, the City hopes to promote the development of at least 30 new housing units affordable to lower-income families at faith- based sites. The City will identify potential funding opportunities for affordable housing and will work with churches and faith-based groups to identify at least 2 projects during the planning period and assist in the preparation of a funding application. The City will prioritize its assistance to projects in in areas of affluence with relatively higher incomes (Census Tracts 451.23 and 451.25).

Urban Lot Splits
California State Law (SB 9) allows for the constr uction of duplexes and urban lot splits within existing single-family residential neighborhoods. The City shall continue implementing its Development Code under the parameters of SB 9, thereby allowing for expanded housing supply in single-family zones to allow more homeownership opportunities within existing neighborhoods. The City shall also create a one-stop webpage to provide development direction for units constructed under SB 9 and provide resources promoting high standard of design and best practices. As SB 9 units would be located on smaller lots, they would be more affordable by nature than standard single-family dwellings. Lots suitable for development under SB 9 provisions are located throughout the community, including in high and highest opportunity areas. The City will promote SB 9 units, which accommodate duplexes and up to 4 units on an existing single family zoned lot through an urban lot split, in areas of affluence with relatively higher incomes (Census Tracts 451.23 and 451.25) through Program 8.

Vacant Lots Zoned for Residential Development

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-12
The City has identified at least 11 vacant lots currently zoned for single-family residential development in western Indian Wells, generally between Cook Street, Fairway Drive, Indian Wells Lane and Highway 111. Under the City’s Urban Lot Spilt provisions (see above regarding SB 9), development of these sites could accommodate up to four units per site, for a total development potential of 44 units. As described above, given that these units would be on smaller lots, they would be more affordable than standard single-family homes and provide new housing choices on the west side of the City.

Regional Impact
All census tracts in Indian Wells are TCAC area s of high or highest opportunity (over 95% of the City is in areas of highest opportunity, with only a small portion on the west side part of a census tract that is high opportunity). However, regionally, there are other communities in the Coachella Valley, particularly to the east of Indian Wells, with lower levels of opportunity, including high segregation and poverty, low resource areas, and moderate resource areas (including areas rapidly changing). The City will maintain regular contact with regional organizations involved in supporting the hous ing needs of persons living and working in Coachella Valley, such as Lift to Rise. Lift to Rise has a goal to build 10,000 new affordable housing units in the Coachella Valley and reduce rent burden by 30% by 2028.

Through implementation of the programs included in this Housing Element to improve housing mobility and expand housing choices, Indian Wells is creating opportunities with regional impact, positively influencing mobility and choice not only in the City (where all census tracts are high or highest resource), but also in the region (where there are areas of lower resource).

Responsible Agency: Community Development Department
Financing: General Fund
Program Objectives: Expand the locations for higher-density affordable housing development throughout the City; encourage the development of at least 30 extremely low income units; 80 very low income units, 72 low income units; 54 moderate income units; and 93 above moderate income units, with 100% of the units in areas of highest TCAC opportunity; encourage the development of 30 units affordable to lower-income households on religious lands; continue to implement the City’s Development Code allowing for urban lot splits throughout the City; encourage the development of vacant sites zoned for residential uses in the City’s existing single-family neighborhoods on the west side of the City.

Schedule: Within three years of Housing Element adoption, and no later than October 2024, amend the General Plan and Zoning Code to establish the Housing Opportunity Site Overlay in order to designate adequate candidate sites with the objective of meeting the City’s remaining RHNA of 110 units. Annual identification of available funding and proactive distribution of information to the development community; updates to the City’s website to highlight incentives and flexibility in development standards available to affordable housing developers by October 2023.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-13

4. Residential Development Monitoring (No Net Loss)
To ensure adequate sites are available throughout the planning period to meet the City’s RHNA at all income levels, and to assist developers in identifying appropriate sites for residential and mixed use developments, the City will monitor the depletion of residential acreage, and review proposed General Plan amendments, Zone Changes, Specific Plan Amendments, and development projects, to ensure an adequate in ventory is available to meet the City’s 2021- 2029 RHNA obligations. To ensure sufficient residential development capacity is maintained to accommodate the City’s RHNA allocation, the City will develop and implement a formal ongoing (project-by-project) evaluation procedure purs uant to Government Code Section 65863 and will make the findings required by that code section if a site is proposed for development with fewer units or at a different income level(s) than shown in the Housing Element Site Inventory.

Should an approval of development result in a reduction of residential development capacity below the capacity needed to accommodate th e remaining need for lower-income, moderate- income, or above-moderate-income households, the City, and potentially the applicant (in accordance with State law), will identify and, if necessary, rezone sufficient sites within 180 days to accommodate the shortfall and ensure “no net loss” in capacity to accommodate the RHNA allocation, consistent with State law. Any rezoned site(s) will satisfy the adequate site requirements of Government Code Section 65583.2 and will be consistent with the City’s obligation to affirmatively further fair housing.

Responsible Agency: Planning Department
Financing: General fund
Program Objectives: Annually monitor the City’s sites inventory and continued ability to accommodate the remaining RHNA.

Schedule: Establish a tracking progra m by December 2023; ongoing implementation and annual monitoring and reporting throughout the planning period

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-14

5. General Plan Update
The City of Indian Wells embarked on an update to its General Plan in 2020. As part of this effort, the City is undertaking a comprehensive update to its policy document and will prepare a program-level environmental impact report (EIR) to streamline future development in Indian Wells. As part of this project, the City will identify vacant and underutilized sites in the City suitable for residential development and make this information publicly available by posting to the City’s website and maintaining information at City Hall. The updated General Plan will reflect the Housing Element’s commitment to affordable housing. Through preparation and certification of the Program EIR associated with the General Plan, the City can streamline future development of affordable units on City-owned sites and on other properties that, by proximity to transit, schools, an d other amenities, are preferred for affordable housing development.

Specifically, the City’s Land Use Element will designate these sites as suitable for the development of affordable housing and all Elements of the General Plan will recognize the City’s responsibility to maintain adequate sites to accommodate its remaining RHNA at all income levels for the duration of the planning period in accordance with state law. The General Plan will also identify new goals, policies, and programs to support new development in the City, including methods to provide increased sites, hous ing choices (e.g. duplexes to fourplexes) and opportunities for residential development at all income levels , to promote a more sustainable and equitable community. This includes creating a new land use designation to allow for densities higher than those currently allowed under the City’s existing Medium-High Density Residential Zone , identifying mechanisms and sites to accommodate employee and faith-based housing, modifying land use and zoning designation to permit and including programs to address accommodating 2- to 4-uni t development in areas designated for single family uses, through unitsfacilitate housing choices and lot splits allowed under SB 9; the City will prepare and adopt new development standards to support implementation of the land use designation, including facilitati ng maximum densities, w i t h i n 1 2 m o n t h s o f G e n e r a l P l a n adoption.

Responsible Agency: Community Development Department
Financing: General Fund, grant programs, as available
Program Objectives: Updated General Plan and Program EIR that provides capacity for the 6 th Cycle RHNA plus additional capacity of at least 10 extremely low, 15 very low income, 20 low income, 20 moderate income, and 20 above-moderate income units to assist in accommodating future RHNA cycles with a target of 50 percent in target concentrated areas of affluence and relatively higher incomes, including western and southern portions of the City.

Schedule: December 2024

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-15

6. Evaluate Alternative Fund ing and Financing Mechanisms The City of Indian Wells will collaborate with private, non-profit, state and federal entities to investigate alternative methods for funding and financing the construction of new housing units and rehabilitation and preservation of existing units citywide. In particular, Indian Wells will continue to maintain regular collaboration with Lift to Rise’s Housing Collaborative Action Network (CAN) and actively support its five ke y strategy areas, which includes growing the “We Lift: Coachella Valley Housing Catalyst Fund” to leverage public and private capital and mitigate risk for affordable housing develo pers. Indian Wells wi ll establish continued communication with local, state and federal le gislators to encourage the establishment of alternative funding and financing mechanisms. The City will identify an initial list of potential funding and financing mechanisms within six months of the Housing Element adoption and within one year prepare a strategy to seek for funding for housing construction and rehabilitation when appropriate and available. On a biennial basis, the City will review and update the strategy as appropriate.

Through its General Plan Update, the City will work with an economic consultant to analyze the viability of different funding and financing mechanisms and will present the information to the City Council for consideration and direction. The results of this analysis will be included in the General Plan Update Economic Development El ement and included as a program associated with implementation of the General Plan.

Responsible Agency: Community Development Department
Financing: General Fund
Program Objectives: Identify and pursue alternative funding and financing mechanisms.

Schedule: Evaluate alternative funding and financing mechanisms by December 31, 2023; Develop strategy by June 30, 2024; Review and update strategy bi-annually; Apply for funding annually

7. Replacement of Affordable Units
C o n s i s t e n t w i t h t h e r e q u i r e m e n t s o f G o v e r n m e n t C o d e S e c t i o n 6 5 5 8 3 . 2 ( g ) , d e v e l o p m e n t projects on sites in the housing inventory (Appendix A) that have, or have had within the past five years preceding the application, residential uses restricted with rents affordable to low- or very low-income households or residential uses occupied by low- or very low-income households, shall be conditioned to replace all such units at the same or lower income level as a condition of any development on the site, and such replacement requirements shall be consistent with Section 65915(c)(3).

Responsible Agency: Community Development Department
Financing: General Fund
Program Objectives: For all project applications, id entify need for replacement of affordable housing units and ensure replacement, if required, occurs.

Schedule: Ongoing implementation and annual monitoring and reporting throughout the planning period

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-16

8. Accessory Dwelling Units and SB 9 Units
Accessory dwelling units (ADUs) , and junior accessory dwelling units (JADUs) ,and SB 9 units help meet the City’s housing needs for all income levels and also provide a housing resource for seniors and low- and moderate-income households throughout the entire community, not just in any single geographic area.

The City of Indian Wells will amend its ADU Ordinance to be consistent with California Government Code Sections 65852.150 and 65852.2 and submit its Ordinance to HCD for review as required by state law. The City will continue to monitor and amend the ordinance as needed based on future changes to State law. The City will also continue to monitor the extent of ADU production to ensure that the ordinance modi fications are successful and that the Housing Element goals can be met.

In addition, by June 2024, the City will research and pursue the development of a program that would provide low-interest loans to single-family homeowners and grants to homeowners with household incomes of up to 80% of the Area Median Income to develop accessory dwelling unitsADUs, JADUs, and SB 9 units with affordability restrictions on their property. This research should also explore outside fund s. If funding is available, establish a pilot program by June 2025 and implement at least annually thereafter with a goal of achieving at least two deed restricted ADUs and SB 9 units annually.

Responsible Agency: Planning Department
Financing: General fund
Program Objectives: Amend the City’s ADU Ordinance, send to HCD for review; survey and evaluate potential methods to encourage ADU
development throughout the community and adopt appropriate procedures, policies, and regulatory provisions. Monitor State law for future updates to ADU regulations and update the City’s Development Code to be consistent with future updates as needed. Continue educating the community on the opportunity to develop ADUs and SB 9 units and promote the development of ADUs and SB 9 units affordable to lower-income households.

Continue to provide information about ADUs and SB 9 units on the City’s website and on public counters. Research financial assistance for qualified property owners to build ADUs and SB 9 units using state funds (such as CalHOME funds) and pursue state funding available to assi st low- and moderate-income homeowners in the construction of ADUs, JADUs, and SB 9 units.

Provide technical resources online to assist with ADU, JADU, and SB 9 unit development, including an ADU factsheet with a summary of requirements for ADUs/JADUs and permit fees
required, and information regarding available local, regional, and State funding programs, such as CalHFA grants and a SB 9 unit and urban lot split factsheet with a summary of requirements for SB 9 units and urban lot splits, and permit fees required, and information regarding available local, regional, and State funding programs, such as CalHFA grants. Conduct outreach and education on ADU and SB 9 op tions and requirements to
homeowners and Homeowners’ Associations. Target 20% of ADU

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-17
and SB 9 unit production to be within concentrated areas of affluence and relatively higher incomes (Census Tracts 451.23 and 451.25).

Schedule: Amend ADU Ordinance and submit to HCD by October 2023; biennial review of ADU production and affordability projections and based on the review of production and affordability, evaluate the City’s housing inventory and, if projections are not consistent with those included in the Housing Element, take action within six months to maintain adequate ability to accommodate the City’s remaining RHNA by income level Research financial assistance programs by 2024 and pursue funding and establish a pilot program by June 2025. Provide technical resources online in 2024. Conduct outreach and education to homeowners and Homeowners’ Associations bi-annually (2024, 2026, 2028).

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-18

9. Public Property Conversion to Housing Program/City Owned Sites The City will maintain a list of surplus City-own ed lands, including identification of address, APN, General Plan land use designation, zoning, current use, parcel size, and status of surplus land or exempt surplus land. The City will work with non-profits and other public agencies to evaluate the feasibility of transferring City-owned surplus lands that are identified as feasible for conversion to affordable housing and that are not committed to other City purposes for development of affordable housing by the private sector. The City will also reach out to developers to advertise availabl e sites, as they are identified. The inventory will be updated annually in conjunction with the APR. Any di sposition of surplus lands shall be conducted consistently with the requirements of state law. It is noted that the City is not relying on any City-owned property to accommodate its re maining RHNA and that development of any additional City-owned property as affordable housing, beyond the City-owned site where the proposed Abode Communities project is locate d, would provide new housing opportunities beyond the 2021-2029 RHNA. While there are no other City-owned properties available for development during the planning period (beyond the proposed Abode Communities site) due to preexisting constraints, shou ld another property become available, the City will, within a reasonable timeframe, issue a request for propos als for development of the site and identify and implement other incentives and programs to facilitate development of the site for affordable housing.

Responsible Agency: Planning Department
Financing: General fund
Program Objectives: Maintain a list of surplus City-o wned lands for the duration of the planning period; collaborate wi th developers of affordable housing to explore opportunities to develop affordable housing at City-owned lands.

Continue to make City-owned lands available for the
development of affordable housing and support the development of at least 99 affordable units at City-owned property during the planning period.

Schedule: Prior to disposing of any of th e City-owned sites, the City shall comply with applicable Surplus Land laws and Surplus Land Guidelines issued by HCD, and consult with HCD regarding any questions. The City will evaluate whether to sell the sites or ground lease them to one or more developers.

Remove Governmental Constraints

10. Monitoring Potential Constraints
The City will periodically review City regulations, procedures and fees to identify any potential constraints to the development and maintenance of housing. The City will outreach to the development community to assist in this review. If the City finds that regulations, procedures and/or fees are a constraint to housing, the City will revise requirements or policies as necessary.

Responsible Agency: Community Development Department

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-19
Funding: General Fund
Program Objectives: Review and revise the zoning and development standards if needed.

Schedule: Annual review of City regulati ons, procedures, and fees to identify constraints; if constraints are identified, work to reduce or remove constraints within 1 year of identification.

11. Monitoring Reasonable Accommodation Procedures
The City will evaluate adopted reasonable acco mmodation procedures annually and revise as appropriate to ensure consistency with fair housing requirements.

Responsible Agency: Community Development Department
Funding: General Fund
Program Objectives: Review and revise reasonable accommodation procedures if needed.

Schedule: Annually

12. Development Guidelines and Procedures
The City shall maintain existing development guidelines, which specify the procedures, materials, time frames, and costs associated with various zoning and subdivision applications.

The objective is to provide potential developers with an informational package clearly explaining the development review procedure as well as the possible incentives available for affordable housing development.

Responsible Agency: Community Development Department
Funding: General Fund
Program Objectives: Provide information online and at the public counter.

Schedule: Annually

13. Development Code Amendments – Housing Constraints

The City shall update the Development Code to remove constraints to a variety of housing types and ensure the City’s standards and permitting requirements are consistent with State law. The update shall address the following.

1. Low barrier navigation centers: The Development Code shall be updated to define and permit low barrier navigation centers consistent with the requirements of Government Code Sections 65660 through 65668, including treating low barrier navigation centers as a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses.

2. Agricultural worker housing: The Development Code will be updated to define agricultural worker housing and to identi fy that any agricultural worker housing consisting of no more than 36 beds in a group quarters or 12 units or spaces shall

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-20
be deemed an agricultural land use and permitted in the same manner as agricultural uses consistent with Health and Safety Code Section 17021.6. The Development Code will also be updated to provide for streamlined, ministerial approval of agricultural worker housing that meets the requirements of Health and Safety Code Section 17021.8.

3. Streamlined and ministerial review for eligible affordable housing projects: The Development Code will be updated to ensure that eligible multifamily projects with an affordable component are provided stre amlined review and are only subject to objective design standards consistent with relevant provisions of SB 35 and SB 330 as provided by applicable sections of the Government Code, including but not limited to Sections 65905.5, 65913.4, 65940, 65941.1, 65950, and 66300. State law defines objective design standards as those that “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.”

4. Transitional and Supportive: The Zoning Code shall be revised as necessary to ensure that transitional and supportive housing are allowed in residential and mixed-use zones in accordance with Government Code Section 65583(c)(3), and to allow eligible supportive housing in zones where multi-family and mixed uses are permitted in accordance with Government Code Sections 65650 through 65656.

5. Emergency shelter parking: The Development Code will be updated to require sufficient parking to accommodate all st aff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone, in compliance with AB 139.

6. Employee Housing for Six or Fewer Employees. The Development Code will be updated in accordance with Health and Safety Code Section 17021.5 which requires employee housing for six or fewer employ ees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone.

7. Multi-Family Housing. The City will review and amend the permitting procedures for multi-family housing, including specifically removing the requirement for approval of a Conditional Use Permit, and remove any other identified constraints.

8. Residential Care Facilities. The City will review and amend the permitting procedures, application requirements, and development standards applicable to residential care facilities for persons of 7 or more to ensure consistency with state and federal laws to promote objectiv ity and greater approval certainty. The revisions shall allow group homes for 7 or more people in all residential zones.

9. Development Standards. The Development Code will be amended to modify various development standards identified as a potential constraint to the development and affordability of housing; these amendm ents include reducing the minimum unit size, increasing the height limits for multifamily projects to accommodate three- story development, and modifying multifamily parking standards (both reducing numbers required and relaxing restrictions on garages).

Responsible Agency: Community Development Department
Funding: General Fund
Program Objectives: Revise the Development Code in accordance with this program

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-21
by December 2024.

Schedule: Development Code adoption in 2024

14. Density Bonus Ordinance
The City will amend its Density Bonus Ordinance consistent with State law, including density bonuses and incentives for projects that contai n 100% very low- and low-income units. The City will monitor State law updates which impact density bonuses and will update local plans and programs as necessary.

Responsible Agency: Planning Department
Funding: General fund
Program Objectives: Update the Development Code; Promote the use of density bonus incentives to developers and provide technical assistance to developers in utilizing density bonus for maximize feasibility and meet local housing needs.

Schedule: Development Code adoption in 2024; Ongoing implementation and annual monitoring and repo rting throughout the planning period

15. Emergency Shelters
The Development Code will be updated to allow emergency shelters consistent with the requirements of Government Code Section 65583(a)(4) and to allow emergency shelters ancillary to permitted places of worship and churches, consistent with the federal Religious Land Use and Institutionalized Persons Act. The Development Code will be revised to define emergency shelters consistent with Government Code Sections 65582 and 65583(a)(4) and to identify at least a zone or zones where residential uses are permitted; where emergency shelters are allowed as a permitted use without any disc retionary permit; and where there is adequate capacity to accommodate at least one year-round emergency shelter that is adequate to accommodate the unhoused need in the unincorporated county. Emergency shelters will be subject to objective standards, as allowed by Government Code Section 65583(a)(4)(B) to address:
i. The maximum number of beds or persons permitted to be served nightly by the facility.
ii. Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. iii. The size and location of exterior and interior onsite waiting and client intake areas.
iv. The provision of onsite management.
v. The proximity to other emergency shel ters, provided that emergency shelters are not required to be more than 300 feet apart.
vi. The length of stay.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-22
vii. Lighting.
viii. Security during hours that the emergency shelter is in operation.

Responsible Agency: Planning Department
Funding: General fund
Program Objectives: Update the Development Code consistent with state and federal regulations.

Schedule: Within one year of Housing El ement adoption (7/6/2023)April 2025

Promote Equal Housing Opportunities

16. Fair Housing Policy Procedures
The City will maintain a listing of fair housing groups serving Riverside County and refer fair housing-related complaints to these groups. Fair housing policy procedures will be made available at City Hall, on the City’s website and advertised in the City Newsletter on a periodic basis. In addition, the City will partner with fair housing organizations to ensure that residents have information about the California Tenant Protection Act of 2019 (AB 1482).

Responsible Agency: Community Development Department
Financing: General Fund
Program Objectives: Develop print and online (including links to the City’s website) educational materials and make ma terials availability at City facilities, on the City's website, and at apartment complexes throughout the City regardin g fair housing/equal housing opportunity requirements and tenant rights; act as a liaison between the public and appropriate agencies in matters
concerning housing discrimination within the City and refer discrimination complaints to the appropriate agencies,
specifically the Fair Housing Council of Riverside County (FHCRC).

Schedule: Provide information by December 2023 and review annually to ensure that any materials, links, and info provided are current; ongoing implementation and reporting

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-23
Tent

17. Section 8 Housing Choice Vouchers
The County of Riverside currently administers the Section 8 Rental Assistance program on behalf of the City. Based on future congressional appropriations, the County Housing Authority will apply for additional funding which will enable the Housing Authority to administer additional vouchers for families, elderly, and persons with disabilities over the Housing Element planning period. While the City is not authorized to administer a Section 8 program, the City will continue to provide referral services on behalf of the County and di sseminate information to City residents. Qualified residents at both of the City’s affordable housing properties (Indian Wells Villas and Mountain View Villas) currently use Section 8 rental assistance.

According to the County Housing Authority, in 2022 a total of 34 Housing Vouchers were provided to Indian Wells residents including 10 elderly and disabled individuals, 24 seniors, and two veterans.

Responsible Agency: County of Riverside
Financing: HUD
Program Objectives: Provide information on Section 8 Housing Choice Vouchers at City Hall and on the City’s website and refer 100% of inquiries to the County of Riverside; continue to cooperate with the County of Riverside to continue to assist 34 households annually, and expand assistance by 5%, particularly to seniors (i.e. conserve and expand households receiving vouchers/property owners participating in program; work with the City’s fair housing services provider to encourage property owners to participate in the Housing Choice Vouchers Program
Schedule: Share information regarding the Section 8 program online and/or in hard copy at least annually; ongoing implementation and reporting

18. Support for Persons Experiencing Homelessness
The City will coordinate with the County of Ri verside, the Coachella Valley Associations of Government, adjacent jurisdictions and local non-profits and service providers to address the needs of persons experiencing homelessness in the Coachella Valley.

Responsible Agency: Community Development Department
Financing: General Fund
Program Objectives: Address issues of homelessness
Schedule: Meet at least annually with key organizations and stakeholders involved in addressing the n eeds of persons experiencing homelessness in the Coachella Valley; provide a presentation to the City Council following annual meetings.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-24

19. Support for Persons with Developmental Disabilities The City shall support the ability of persons with developmental disabilities to live in integrated community settings by coordinating with the In land Regional Center to identify the housing needs of persons served by the Center, promote opportunities for supportive living services and support efforts to eliminate barriers to housing for persons with developmental disabilities.

Responsible Agency: Community Development Department
Financing: General Fund
Program Objectives: Adequate housing for persons with developmental disabilities Schedule: Meet with the Inland Regional Center at least annually to discuss the needs of persons with developmental disabilities; provide information on the City’s website and in hard copy at City Hall by October 2022; update information at least annually;
proactively advertise available resources using the City website and other media platforms; proac tive outreach to non-profit developers at least biannually.

20. Affirmatively Furthering Fair Housing Program
To comply with California Government Code Sections 8899.50, 65583(c)(5), 65583(c)(10), 65583.2(a) (AB 686), the City will develop a plan to Affirmatively Further Fair Housing (AFFH).

The AFFH Plan shall take actions to address significant disparities in housing access and needs for all persons regardless of race, color, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability, and any other characteristic protected by the California Fair Employment and Housing Act (Part 2.8, commencing with Section 12900, of Division 3 of Title 2), Government Code Section 65008, and any other state and federal fair housing and planning law. Specific actions include:

Fair Housing Education and Outreach (Addresses Moderate Priority Contributing Factor)  In conjunction with the City’s comprehensive General Plan Update and Lift to Rise, educate the community on what affordable/attainable housing means and who it benefits.
 Annual training of City staff, including through coordination with local advocacy groups or the Fair Housing Council of Riverside County, on how to receive, log, refer, and follow-up on fair housing complaints. If resolution was not obtained for any complaints, refer complaint to HCD to ensure that affordable housing laws are actively enforced.  Biennial fair housing update to the City Council.
 Meet with developers annually to identify special housing needs in the City (i.e., housing for seniors or persons with disabilities) and encourage development of special needs housing that accesses the population of Indian Wells.
 Meet with disability service providers, including Desert Arc, to identify whether there is unmet demand anywhere in the City by March 2024. If an unmet demand is realized, work with providers to secure funding to expand services by March 2025.  Require, provide incentives and utilize other strategies to promote affirmative marketing plans in all new developments. The affirmative marketing plan will consider regional housing registries and ensure marketing materials for new developments are

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-25
designed to attract renters and buyers of diverse demographics, including persons of any race, ethnicity, income, disability and familial status.  Implement Program 16: Fair Housing Policy Procedures
Housing Mobility Enhancement
 Work with local organizations and non-profits to encourage, expand, and publicize fair housing requirements as part of programs that provide rental assistance to lower income households.
 Actively recruiting residents from neighborhoods of concen trated poverty to serve or participate on boards, committees, and other local government bodies as positions are made available due to the regular appointment process or vacancies.  Provide education to the community on the importance of participating in the planning and decision-making process and completing Census questionnaires.  Continue to implement the City’s Development Code which allows for urban lot splits and duplexes under the parameters of SB 9, thereby allowing for expanded housing supply in single-family zones. In coordina tion with research being conducted at the State level, evaluate and pursue opportuni ties to incentivize and provide funding assistance for homeowners to provide affordable units under SB 9.  Coordinate with the Riverside County Hous ing Authority in 2024 about utilizing a mobility counseling program in Indian Wells. This program would market landlords and property owners and inform Housing Choice Voucher holders about their residential options in areas throughout the City and pr ovides holistic support to voucher holders seeking to move to areas outside of focus. Through landlord outreach and mobility counseling, the City's goal will be to increase Housing Choice Vouchers by 5% and through implementation of the City’s Development Code urban lot split provisions, seek to integrate at least two units annually in areas outside of focus areas.  Work with resort owners to identify and support opportunities for workforce housing development in the community, including on resort property  Accessibility Improvements: Research and pursue funding opportunities at least every other year to make accessibility improvements to homes and community infrastructure.  Implement Program 8: Accessory Dwelling Units
 Implement Program 11: Monitoring Reasonable Accommodation Procedures  Implement Program 18: Support for Persons Experiencing Homelessness  Implement Program 19: Support for Persons with Developmental Disabilities New Housing Choices (Addresses High Priority Contributing Factors) The City will implement the following actions in combination with the Housing Mobility Enhancement actions (see above) to target 150 units or assisted households in the planning period with a goal of 50 percent in concentrat ed areas of affluence and relatively higher incomes, including western and southern portions of the City.  Develop incentives or other strategies to promote housing choices and affordability in all development throughout the City.
 Develop or participate in a home sharing/ home matching program to promote long- term rental of rooms in underutilized homes as a method to increase access to higher income areas, high resource areas, and promote access to opportunities.  Develop an employee housing program targeted at resorts and top employers to increase access to affordable housing and increase access to job opportunities.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-26
 Implement Program 3: Production of New Housing Units
 Implement Program 5: General Plan Update
 Implement Program 6: Evaluate Alternative Funding and Financing Mechanisms  Implement Program 9: Public Property Conversion to Affordable Housing Place-Based Strategies for Community Preservation and Revitalization  On an ongoing basis, and at least annually, review land use and planning proposals to ensure that the City is replacing segregated living patterns with integrated and balanced living patterns, where applicable and feasible, and working to transform racially and ethnically concentrated areas of poverty into areas of opportunity without displacement.
 Implement Program 1: Rehabilitation
 Implement Program 2: Preservation of At-Risk Units

Displacement Protection
 Target community revitalization efforts to areas with lower opportunities levels and develop strategies to enhance mobility and reduce displacement  Implement Program 7: Replacement of Affordable Units
 Implement Program 17: Section 8 Housing Choice Vouchers As shown in Table 1, the City intends to complete the necessary actions to meet the State AFFH requirements. These actions are integrated into the Housing Plan for the overall 6th Cycle Housing Element with the specialized timeframes for expedited implementation. The rationale for identifying these actions is to ensure they are implemented in a timely manner to better serve the Indian Wells community. These actions are intended to alleviate the main issues identified in the AFFH analysis and the City intends to implement these and all the programs outlined above during the 2021-2029 planning period. In addition, the City intends to monitor the AFFH actions on an annual basis in conjunction with the preparation of the Annual Progress Report (APR) to ensure the goals are being met. If any action items are not being achieved, the City will adjust its metrics, timeframes, and commitments as necessary to ensure it meets its AFFH goals.

Responsible Agency: Community Development Department
Financing: General Fund, CDBG, grant funding
Program Objectives: Facilitate equal and fair housin g opportunities by implementing measures to affirmatively further fair housing and opportunities for all persons regardless of race , religion, sex, age, marital or familial status, ancestry, national origin, color, disability, or other protected characteristics through actions identified in Table 1.

Timing: Ongoing implementation and annual monitoring and reporting throughout the planning period; see individual actions and supporting programs for specific commitments, geographic targeting, discrete timelines, and metrics as summarized in Table 1.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-27
TABLE 1: FAIR HOUSING PROGRAM ACTION ITEMS
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
Fair Housing Education and Outreach
Education and Outreach Reduce fair housing discrimination resulting from a lack of local fair housing education, outreach,
and/or resources.
 Train City staff, including
through coordination with local
advocacy groups or the Fair
Housing Council of Riverside
County, on how to receive,
log, refer, and follow-up on fair
housing complaints;
 Meet with developers to
identify special housing needs
in the City (i.e. housing for
seniors or persons with
disabilities) and encourage
development of special needs
housing;
 Meet with disability service
providers, including Desert
Arc, to identify whether there
is unmet demand anywhere in
the City;
 Require, provide incentives,
and utilize other strategies to
promote affirmative marketing
plans in all new developments,
which are designed to attract
renters and buyers of diverse
demographics, including
persons of any race, ethnicity,
income, disability, and familial
status.
 Medium
priority/ June
2024
 Citywide  Provide annual fair
housing training to
City staff;
 Provide biannual fair
housing update to
City Council;
 Increase the number
of meetings with
developers annually
in order to advocate
for special needs
housing by 50%;
 Meet with disability
service providers by
March 2024, and if
an unmet demand is
realized, work with
providers to secure
funding to expand
services by March
2025.

Fair Housing Services Fair Housing Policy Procedures (Program 16)

 Provide information and
brochures regarding fair
housing/equal housing
opportunity requirements with
links to the City website;
 Medium
priority/ June
2024 Element
adoption
 Citywide  Provide information
(2023) and review
annually to ensure
that any materials,
links, and info
provided are current.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-28
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
 Act as a liaison between the
public and appropriate
agencies in matters
concerning housing
discrimination within the City
and refer discrimination
complaints to the appropriate
agencies, specifically the Fair
Housing Council of Riverside
County (FHCRC).
 Increase the number
of electronic posts to
advertise fair
housing issues by
20%.

Housing Mobility Enhancement
Accessory Dwelling Units
(ADUs)
Accessory Dwelling Units (Program 8)

Encourage the development of ADUs throughout
the City, and especially on the west side, to
expand housing opportunities for all income
levels (particularly lower and moderate-income
households) and special needs groups.

 Update the City’s ADU
Ordinance;
 Monitor State law for future
updates to ADU regulations
and update the ADU
Ordinance as needed;
 Monitor the production and
affordability of ADUs biannually
to ensure the City is meeting
the assumption of 3 ADUs per
year as outlined in this Housing
Element;
 Evaluate methods to
encourage ADU development
and adopt appropriate policies,
procedures, and regulatory
provisions;
 Continue educating the
community on the opportunity
to develop ADUs and promote
the development of ADUs
affordable to lower-income
households;
 Continue to promote ADUs on
the City’s website and at public
 High priority/
October 2023
 Citywide; target
marketing in
higher
opportunity areas
and on west side
of the City
 Target 20% of
ADU production
to areas of
affluence with
relatively higher
incomes (Census
Tracts 451.23
and 451.25)
 Update ADU
Ordinance by
October 2023;
 Perform biennial
review of ADU
production and
affordability, and if
production is not
consistent with
Housing Element
projections, act
within 6 mons to
maintain ability to
accommodate
remaining RHNA by
income level;
 Identify additional
methods to
encourage ADU
production
(ongoing);
 Conduct outreach to
homeowners and
homeowner
association to
promote ADU

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-29
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
counters;
 Research the development of a
program that would provide low
interest loans and grants to
homeowners with household
incomes of up to 80% of AMI to
develop ADUs with affordability
restrictions on their property.
production,
prioritizing outreach
efforts in
concentrated areas
of affluence/higher
income
 Research ADU
loan/grant program
by June 2024 and
establish a pilot
program by June
2025;
 Achieve two deed
restricted ADUs
annually.

Reasonable Accommodations Monitoring Reasonable Accommodation Procedures (Program 11)
 Review and revise reasonable
accommodation procedures if
needed.
 High priority/
June 2024
 Citywide  Ongoing provision of
reasonable
accommodations.
 Evaluate 100% of
reasonable
accommodation
requests consistent
with all applicable
laws and
regulations.

Homeless Assistance Support for Persons Experiencing Homelessness (Program 18)
 Coordinate with key
organizations and stakeholders
involved in addressing
homelessness in the Coachella
Valley.
 High priority/
June 2024
 Citywide and
regionally (note
that the 2020 PIT
Count identified
only one person
in the City
experiencing
homelessness)
 Meet annually with
organizations and
stakeholders
involved in
addressing
homelessness;
 Provide annual
presentation to the
City Council on

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-30
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
homelessness in the
region.
 Support regional
programs and
actions that address
the needs of persons
experiencing
homelessness with
the goal of
increasing the
number of persons
in the region
receiving services by
5%
Support for Persons with
Disabilities
Support for Persons with Developmental
Disabilities (Program 19)
 Promote opportunities for
supportive living services and
support efforts to eliminate
barriers to housing for persons
with developmental disabilities;
 Provide information on the City
website and at City Hall;
 Proactively advertise available
resources on the City website
and other media platforms;
 Conduct outreach to non-profit
developers.
 High priority/
June 2024
 Citywide  Meet annually with
the Inland Regional
Center to discuss
the needs of persons
with developmental
disabilities;
 Increase the number
of educational flyers,
electronic posts, and
other methods of
communication
regarding
opportunities for
persons with
developmental
disabilities by 25%;
 Conduct annual
outreach to non-

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-31
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
profit developers.

New Housing Choices and Affordability in Higher Opportunity Areas Provide Housing Opportunities
in Higher Opportunity Areas for
all Members of the Community
Production of New Housing Units (Shortfall
Program) (Program 3)
 Expand the locations for
higher-density affordable
housing development
throughout the City;
 Encourage residential
development in areas of
highest TCAC opportunity;
 Encourage the development of
affordable housing on religious
lands;
 Continue to implement the
Development Code to allow for
urban lot splits throughout the
City and promote opportunities
throughout the City but
especially on the west side;
 Encourage the development of
vacant sites zoned for
residential uses in the City’s
existing single-family
neighborhoods.
 High priority/
October 2024
 Citywide  Update General Plan
and Zoning Code to
establish the
Housing Opportunity
Site Overlay in order
to accommodate
remaining RHNA of
110 units by October
15, 2024.
 Identify available
funding for housing
development
annually, and
distribute information
to the development
community;
 Update City website
to highlight
incentives and
flexibility in
development
standards by
October 2023.

Provide Housing Opportunities
in Higher Opportunity Areas for
all Members of the Community
Home Sharing and Matching
Sharing a home promotes independent living,
provides additional income for the provider, an
affordable rent for the seeker, and the potential
for deeper relationships for both. Shared housing
promotes the efficient use of the housing stock,
and can help address the housing needs of
seniors in our community. Home sharing
programs match lower income home seekers
with homeowners with excess space who are
interested in sharing their homes.
 In 2024, explore participation in
an existing home match/home
sharing program or initiate a
pilot program designed to
match owners and tenants to
increase long-term (30 or more
days) housing opportunities.

Review home sharing and
home matching programs for
procedures to review and vet
applicants to ensure safety of
participating homeowners.
 High Priority /
October 2024
 Citywide,
targeting
homesharing
opportunities in
areas of affluence
with relatively
higher incomes
(Census Tracts
451.23 and
451.25)
 Begin reviewing and
exploring home
share and home
match programs in
October 2024
 Recommend
program for
participation or
initation of pilot
program to City
Council by April

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-32
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
Example programs include
Home Match Marin, Covia
Home Share, Healthy Aging
Martha’s Vineyard, and City of
Los Angeles Home-Sharing
programs.
 Actively promote home sharing
and long-term rental of
underutilized homes, unused
homes (second homes,
vacation homes), or portions of
homes through local senior
organizations, through
providing information to
property owners, neighborhood
organizations, and homeowner
associations on an annual
basis and making information
available on the City website
and at City Hall.
2025
 Promote home
match/home share
program annually
 Perform outreach to
homeowner
associations and
local senior
organizations in
areas of affluence
annually.

Provide Housing Opportunities
in Higher Opportunity Areas for
all Members of the Community
Employee Housing
Increase housing opportunities in resort areas
and in proximity to Indian Well’s high-volume
employers.
 Evaluate programs and funding
sources to provide affordable
employee housing and develop
an employee housing program,
which may include an
employee housing requirement
or in-lieu fee for new non-
residential development, to
provide housing affordable to
Indian Well’s workforce.
 Coordinate with high-volume
employers, hotels, and resorts
to identify employee housing
needs, potential sites for
employee housing, and best
practices for employee
housing.
 Coordinate with Desert Sands
 Medium
Priority/
October 2025
 Citywide, with a
target of
providing 15% of
employee
housing in areas
of affluence with
relatively higher
incomes (Census
Tracts 451.23
and 451.25)
 Evaluate potential
programs and
funding methods by
June 2025
 Adopt an employee
housing program by
June 2026
 10 employee
housing units
affordable to lower
income workers
 15% of units in areas
of affluence

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-33
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
Unified School District to
determine feasibility of
developing housing on school
district parcels in (per 2016
Teacher Housing Act).

Provide Housing Opportunities
in Higher Opportunity Areas for
all Members of the Community
General Plan Update (Program 5)  Identify vacant and
underutilized sites in the City
suitable for residential
development and make this
information publicly available
by posting to the City’s
website;
 Evaluate the viability of
creating a new land use
designation to allow for
densities higher than currently
allowed under the City’s
existing Medium-High Density
Residential Zone
 High priority/
April 2025
 Citywide  Prepare and adopt
new development
standards to support
implementation of
the land use
designation within 12
months of General
Plan adoption.
 Set the zoning
designation(s) in
place to
accommodate the
development of the
City’s remaining
RHNA of 110 units.

Provide Housing Opportunities
in Higher Opportunity Areas for
all Members of the Community
Evaluate Alternative Funding and Financing
Mechanisms (Program 6)
 Collaborate with private, non-
profit, state, and federal
entities to investigate
alternative methods for funding
and financing construction of
new housing units and
rehabilitation and preservation
of existing units.
 Medium
priority/ June
2024
 Target funding for
affordable
housing
developments in
higher
opportunity
areas, areas with
highest
concentrations of
LMI households,
and along transit
corridors.
 Evaluate alternative
funding and
financing
mechanisms by
December 31, 2023;
 Develop strategy by
June 30, 2024;
 Review and update
strategy biannually;
 Strive to achieve
funding to support
the development of
at least 99 affordable
units during the
planning period.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-34
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
Accessory Dwelling Units
(ADUs)
Accessory Dwelling Units (Program 8)

Encourage the development of ADUs throughout
the City, and especially on the west side, to
expand housing opportunities for all income
levels (particularly lower and moderate-income
households) and special needs groups.

 See description under Housing
Mobility Enhancement above
 See
description
under Housing
Mobility
Enhancement
above
 See description
under Housing
Mobility
Enhancement
above
 See description
under Housing
Mobility
Enhancement above
Surplus Land Public Property Conversion to Housing
Program/City-owned Sites (Program 9)
 Maintain a list of surplus City-
owned lands for the duration of
the planning period;
 Collaborate with affordable
housing developers to explore
opportunities to develop
affordable housing on City-
owned lands.
 High priority/
June 2024
 Citywide on
property owned
by the City.
 Support the
development of at
least 99 affordable
units at City-owned
sites during the
planning period.

Place-Based Strategies for Community Preservation and Revitalization Public Investment in Specific
Neighborhoods, Including
Services and Amenities
Rehabilitation (Program 1)

Facilitate assistance for properties in need of
minor repairsimprovements, minor repairs or
emergency repairs.
 Refer property owners to
applicable agencies/
organizations for rehabilitation
assistance;
 Prepare and distribute “Good
Neighbor Guide” on
maintaining a property in good
condition;
 Update funding and resource
information to address
common minor repairs on the
City’s website;
 Proactively reach out to
nonprofit organizations to
solicit support in helping to
perform minor repairs.
 Medium
priority/
December
2023
 Citywide with
focus on census
tracts with
highest
concentrations of
LMI households.
 Prepare and
distribute “Good
Neighbor Guide” to
100% of residents by
December 2023;
 Annual outreach to
nonprofit
organizations;
 Encourage the
rehabilitation of 4
homes per year (32
during the planning
period) distributed
across lower and
moderate-income

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-35
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
households.

Public Investment in Specific
Neighborhoods, Including
Services and Amenities
Community Revitalization (Program 1)

Fund investments and improvements in
neighborhoods with lower AFFH scores in the
lower median household income, concentration
of very low and low income households, cost-
burdened renters, and communities sensitive to
displacement categories to improve access to
opportunities and resources for potentially
disadvantaged households. Place-based
investments will improve access to transportation,
education, and economic opportunities and
stabilize neighborhoods.
 Fund at least one investment
project in one of the identified
geographic target areas
annually. Aim to fund
investments in each of the
target census tracts (i.e., not
concentrate all investments in
one or two tracts) throughout
the implementation period.
 High priority /
June 2024 and
annually
thereafter
 Lower median
household
income areas
(Census Tracts
449.28, 449.11,
and 451.08),
highest
proportion of very
low and low
income
households
(eastern portion
of Census Tract
449.11), highest
proportions of
cost-burdened
renters (Census
Tracts 449.28,
449.11, and
451.08), and
communities
sensitive to
displacement
(eastern portion
of Census Tract
449.11)
 Fund at least 6
improvement
projects in the
identified geographic
target areas, aiming
to fund at least 1
project per identified
target area and at
least three projects
in the eastern
portion of Census
Tract 449.11 which
rates low under
multiple AFFH
factors (income,
cost-burden, and
sensitive community)
Public Investment in Specific
Neighborhoods, Including
Services and Amenities
Preservation of At-Risk Units (Program 2)

Preserve the community’s affordable housing
stock.
 Monitor affordable projects at
risk of converting to market
rate;
 Identify nonprofit organizations
as potential purchasers/
managers of at-risk housing
 Medium
priority/
December
2025
 Citywide with
focus on census
tracts with
highest
concentrations of
LMI households.
 Monitor at-risk units
annually;
 Identify nonprofit
organizations as
potential purchasers/
managers of at-risk

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-36
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
units;
 Explore funding sources
available to preserve the
affordability of projects at risk
of converting to market rate or
to provide replacement units;
 Assist qualified tenants to
apply for priority status on the
Housing Choice Vouchers
Program immediately should
the owners of an at-risk project
choose not to enter into
additional restrictions.
housing units (2025);
 Explore funding
sources available to
preserve the
affordability of at-risk
projects (2025).
 Conserve 100% of
the community’s
affordable housing
stock.

Displacement Protection
Maintaining Affordable Housing
Inventory
Replacement of Affordable Units (Program 7)  For all project applications, identify need for replacement
of affordable housing units and
ensure replacement, if
required, occurs.
 Medium
priority/April
2024
 Citywide,
depending on
location of
development
project.
 Ongoing
implementation and
annual monitoring
and reporting
throughout the
planning period.
 Require 100% of
affordable units are
replaced, if required.

Housing Choice Vouchers
(Rental Assistance)
Section 8 Housing Choice Vouchers (Program
17)

Promote the Housing Choice Vouchers Program
administered by the County, with a particular
emphasis on promoting the program to the City’s
special needs populations.
 Provide information on
Housing Choice Vouchers at
City Hall and on the City’s
website;
 Cooperate with the County of
Riverside to continue to assist
34 households annually, and to
expand assistance;
 Refer 100% of inquiries to the
County of Riverside;
 Work with the City’s fair
housing services provider to
encourage property owners to
 Medium
priority/ April
2025
 Increase the
number of
voucher
assistance
recipients in
higher
opportunity
areas;
 Target education
and marketing
efforts throughout
the community
with an emphasis
on higher
 Expand voucher
assistance by 5%
during the planning
period, particularly to
seniors.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-37
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
participate in the Housing
Choice Vouchers Program.
opportunity
areas.

Tenant Rights and Protection Preservation of At-Risk Units (Program 2)

Fair Housing Policy Procedures (Program 16)
 Monitor projects at risk of
converting to market rate
within the planning period.
 Establish contact with public
and nonprofit agencies
interested in purchasing or
managing units at risk.
 Work with tenants of at-risk
units and provide them with
information regarding tenant
rights and conversion
procedures.
 Provide tenants with
information regarding Section
8 rent subsidies.
 Implement State
Preservation Notice Law.
 Contact property ownrs of
units at risk of conversion to
market-rate housing in
accordance with California
law.
 Assist tenants of existing
rent-restricted units to obtain
priority status on Section 8
waiting list.
 Institute a rental registry
program to identify and track
rental units, including units
that accept Section 8
vouchers, and affordability
levels and ensure all rental
properties in the Housing
Inventory are in the registry.
 Partner with fair housing
 Medium
priority/
annually;
create rental
registry by
April 2025;
provide tenant
rights
information by
December
2023
 Citywide with
focus on areas at
risk of
displacement/
sensitive
communities
 Preserve 100% of
existing affordable
units

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-38
Action Area Programs Specific Commitment Timeframe
Geographic
Targeting Metrics
organizations to ensure that
resident have information
about the California Tenant
Protection Act of 2019 (AB
1482). Develop print and
online educational materials
and make materials
availability at City facilities,
on the City's website, and at
apartment complexes
throughout the City.
 Right to Purchase: When
tenants are being evicted
due to condominium
conversion or
redevelopment, offer first
right to purchase to displaced
tenants to purchase the
units.
 Right to Return: When
tenants are being evicted
due to
rehabilitation/renovation of
the property, offer first right
to displaced tenants to return
to the improved property.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element

Housing Element Housing Plan | Page HP-39
Energy Conservation

21. Green Building Program
The City will continue to support the developm ent of green building practices in housing and sustainability programs by participating in the CVAG Green for Life Program and evaluate the feasibility of implementing local policies and programs consistent with the CVAG Green Building Program and the City’s Climate Action Plan.

Responsible Agency: Community Development Department
Financing: General Fund; grant programs, as available
Program Objectives: Promote energy conservation and green building.

Timeline: Implementation throughout the planning period

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Housing Plan | Page HP-40

4. Quantified Objectives
State law requires the Housing Element to in clude quantified objectives for the maximum number of units that can be constructed, rehabilitated or conserved. Policies and programs in the Housing Element establish the strategies to achieve these objectives. The City’s quantified objectives are described under each program, and represent the City’s best effort in implementing each of the programs. Assumptions are based on past program performance and funding availability, construction trends, land availability, and future programs that will enhance program effectiveness and achieve full implementation of the City’s housing goals.

The new construction objectives shown in the table below represent a portion of the City’s overall RHNA for the 2021-2029 planning period for all income levels. The objective identified for each income level is based on historic trends and patterns of development; units affordable to lower-income households are historically more difficult to develop due to extremely limited available funding for affordable housing projects. Moderate- and above-moderate income units are more likely to be developed by the private market.

The table below summarizes the City’s quantified objectives for housing during the 2021-2029 planning period.

TABLE 2: QUANTIFIED HOUSING OBJECTIVES: 2021-2029

New
Construction Rehabilitation
Conservation/
Preservation
Extremely Low Income 30 4 N/A
Very Low Income 80 12 31
Low Income 72 10
79 (inc. 34 units used
for Housing Choice
Vouchers)
Moderate Income 54 6 13
Above Moderate Income 93 - All Existing Units
Total 319 32
123 Existing
Affordable Units;
All Existing Above-
Moderate Units

Council Agenda- April 4, 2024

PART 2

BACKGROUND REPORT

Council Agenda- April 4, 2024

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-1

CONTENTS

1.  INTRODUCTION ................................................................................................... 5

2.  ACCOMPLISHMENTS UNDER 5TH CYCLE HOUSING ELEMENT .............................................. 7 2A.  Review of 2013 Housing Element ........................................................................................ 7 2B.  Housing Production During 5th Cycle RHNA Period ................................................................ 7 2C.  Appropriateness and Effectiveness of 2013 Housing Element .................................................. 8

3.  HOUSING NEEDS ASSESSMENT ............................................................................... 13 3A.  Introduction and Background ............................................................................................ 13 3B.  Population Trends and Characteristics ................................................................................ 13 3C.  Household Characteristics ................................................................................................. 17 3D.  Income ........................................................................................................................... 19 3E.  Housing Characteristics .................................................................................................... 22 3F.  Housing Costs ................................................................................................................. 25 3G.  Future Housing Needs ...................................................................................................... 31 3H.  Special Needs Groups ....................................................................................................... 32 3I.  Units at Risk of Conversion ............................................................................................... 41 3J.  Estimates of Housing Need ............................................................................................... 43

4.  CONSTRAINTS ................................................................................................... 45 4A.  Governmental Constraints ................................................................................................. 45 4A.1  Land Use Controls ........................................................................................................... 45 4A.2  Development Review Process ........................................................................................... 56 4A.3  Development Fees .......................................................................................................... 61 4B.  Non-Governmental Constraints .......................................................................................... 65 4C.  Environmental Constraints ................................................................................................ 67 4D.  Infrastructure Constraints ................................................................................................. 68

5.  HOUSING RESOURCES ......................................................................................... 70 5A.   Regional Housing Needs Allocation (RHNA) ......................................................................... 70 5B.   Progress Towards the RHNA ............................................................................................. 70 5C.   Strategy to Accommodate Remaining RHNA ........................................................................ 73 5D.  Financial Resources .......................................................................................................... 79 5E.  Administrative Resources .................................................................................................. 81 5F.  Energy Conservation Opportunities .................................................................................... 81 5G.  Consistency with the General Plan ..................................................................................... 82

6.  AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) ANALYSIS ...................................... 83 6A.   Outreach ........................................................................................................................ 83 6B.  Assessment of Fair Housing Issues .................................................................................... 86 6C.  Analysis of Contributing Factors ....................................................................................... 109

TABLES
Table 2–1: Regional Housing Needs Allocation – 5th Cycle Progress ....................................................... 7 Table 2–2: Evaluation of the 2013 Indian Wells Housing Element Programs ........................................... 10 Table 3–1: Population Trends – Neighboring Jurisdictions ..................................................................... 14 Table 3–2: Population by Age (2018) .................................................................................................. 14 Table 3–3: Race and Ethnicity (2018) .......................................................................................... ....... 15 Table 3–4: Job Growth and Employment Status ................................................................................... 15 Table 3–5: Jobs by Industry (2018) .................................................................................................... 16 Table 3–6: Jobs by Occupation (2018)16Table 3–7: Travel Time to Work (2018)

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-2
.............................................................................................................................. ......................... 17 Table 3–8: Commute Method (2018) .............................................................................................. .... 17 Table 3–9: Households by Tenure and Age (2018) ............................................................................... 18 Table 3–10: Household Size by Tenure (2018) ..................................................................................... 19 Table 3–11: Median Household and Per Capita Income ........................................................................ 19 Table 3–12: Household Income for All Households and by Tenure (2018) .............................................. 20 Table 3–13: Households by Income Group (2017) ............................................................................... 20 Table 3–14: Occupations with Wages for Extremely Low-Income Households (2020) .............................. 21 Table 3–15: Housing Stock by Type and Vacancy (2020) ...................................................................... 22 Table 3–16: Vacancy by Type (2018) .................................................................................................. 23 Table 3–17: Housing Stock Conditions (2018) ...................................................................................... 23 Table 3–18: Overcrowding by Tenure (2018) ....................................................................................... 24 Table 3–19: Household Size by Tenure (2018) ..................................................................................... 25 Table 3–20: Number of Bedrooms by Tenure (2018) ............................................................................ 25 Table 3–21: Homes for Sale (May 2021) ......................................................................................... .... 25 Table 3–22: Rental Costs According to the US Census (2018) ............................................................... 26 Table 3–23: Actual Rental Rates by Number of Bedrooms ..................................................................... 27 Table 3–24: State Income Limits – Riverside County (2021) ................................................................. 27 Table 3–25: Housing Affordability by Income Group ............................................................................. 28 Table 3–26: Households by Income Level and Overpayment (2017) ...................................................... 30 Table 3–27: Deed Restricted Affordable Housing Units ......................................................................... 31 Table 3–28: Regional Housing Needs Allocation – 6th Cycle ................................................................... 31 Table 3–29: Senior Population and Households (2010 & 2018) .............................................................. 32 Table 3–30: Householder Age by Tenure (2018) .................................................................................. 33 Table 3–31: Disabilities by Disability Type (2018) ............................................................................ .... 34 Table 3–32: Disabled Persons by Employment Status (2018) ................................................................ 35 Table 3–33: Developmentally Disabled Persons by Residence Type (2018) ............................................. 35 Table 3–34: Facilities and Services for Disabled Persons ...................................................................... . 36 Table 3–35: Median Income By Household Size (2019) ........................................................................ 37 Table 3–36: Household Size versus Bedroom Size by Tenure (2018) ...................................................... 37 Table 3–37: Families and Female Householder with Children Under 18 (2018)........................................ 38 Table 3–38: Homeless Facilities (2020)* ....................................................................................... ...... 40 Table 3–39: Facilities and Services for the Homeless ............................................................................ 41 Table 3–40: Summary of at-Risk Subsidized Housing Units ................................................................... 41 Table 3–41: Qualified Entities in Riverside County, 2021 ....................................................................... 43 Table 3–42: Summary of Needs .................................................................................................. ....... 44 Table 4–1: General Plan Residential Land Use Designations .................................................................. 46 Table 4–2: Residential Development Standards – ................................................................................. 47 Table 4–3: Permitted Residential Uses by Zone .................................................................................... 48 Table 4–4: Basic Residential Development Standards ........................................................................... 54 Table 4–5: Residential Parking Requirements ................................................................................... ... 55 Table 4–6: Typical Permit Processing Times and Reviewing Body .......................................................... 57 Table 4–7: Development Project Processing Fees (Effective 07/01/2021) ............................................... 62 Table 4–8: Total Processing and Fees for Typical Single- and Multi-Family Units ..................................... 64 Table 5–1: RHNA 2021-2029 .............................................................................................................. 70 Table 5–2: Credits Towards the RHNA ........................................................................................... ..... 72 Table 5–3: Remaining RHNA .............................................................................................................. 73 Table 5–4: RHNA Site Inventory ......................................................................................................... 75 Table 6–1: Compliance with Fair Housing Laws .................................................................................... 89 Table 6–2: Racial/Ethnic Dissimilarity Trends ....................................................................................... 92 Table 6–3: Demographic Trends ......................................................................................................... 93 Table 6–4: Median Household Income ............................................................................................ .... 96

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-3
Table 6–5: Domains and List of Indicators by Factors ........................................................................... 97 Table 6–6: Opportunity Resource Levels by Census Tract ..................................................................... 97 Table 6–7: Fair Housing Contributing Factors .................................................................................. .. 110

FIGURES
Figure 3-1: Median Home Sales Price .................................................................................................. 26 Figure 5-1: Housing Sites ................................................................................................................... 77 Figure 6-1: Census Tract Boundaries ........................................................................................... ..... 112 Figure 6-2: Diversity Index by Census Block Group 2018 .................................................................... 114 Figure 6-3: Diversity Index by Census Block Group 2010 .................................................................... 116 Figure 6-4: Diversity Index by Census Block Group - Countywide ........................................................ 118 Figure 6-5: Proportion of Population with Disabilities by Census Tract .................................................. 120 Figure 6-6: Proportion of Population with Disabilities by Census Tract - Countywide .............................. 122 Figure 6-7: Percent of Population 18 Years and Over in Households Living with Spouse ........................ 124 Figure 6-8: Percent of Population 18 Years and Over in Households Living with Spouse - Countywide .... 126 Figure 6-9: Percent of Children in Married Couple Housholds .............................................................. 128 Figure 6-10: Percent of Children in Married Couple Housholds - Countywide ......................................... 130 Figure 6-11: Female-Headed Households by Proportion of Children Present by Census Tract ................. 132 Figure 6-12: Female-Headed Households by Proportion of Children Present by Census Tract - Countywide .............................................................................................................................. ....................... 134 Figure 6-13: Proportion of Senior Residents by Census Tract .............................................................. 136 Figure 6-14: Proportion of Senior Residents by Census Tract - Countywide .......................................... 138 Figure 6-15: Median Household Income by Block Group ..................................................................... 140 Figure 6-16: Median Household Income by Block Group - Countywide ................................................. 142 Figure 6-17: Very Low and Low Income Population ............................................................................ 144 Figure 6-18: Very Low and Low Income Population - Countywide ........................................................ 146 Figure 6-19: Ethnicity Analysis - Racial Concentrations ....................................................................... 148 Figure 6-20: Ethnicity Analysis - Racial Concentrations - Countywide ................................................... 150 Figure 6-21: TCAC Economic Score by Census Tract ........................................................................... 152 Figure 6-22: Job Proximity Index by Block Group ............................................................................... 154 Figure 6-23: TCAC Educational Score by Census Tract ........................................................................ 156 Figure 6-24: TCAC Environmental Score by Census Tract .................................................................... 158 Figure 6-25: TCAC Opportunity Areas by Census Tract ....................................................................... 160 Figure 6-26: Overcrowded Households .............................................................................................. 162 Figure 6-27: Overcrowded Households - Countywide .......................................................................... 164 Figure 6-28: Cost-Burdened Renter Households by Census Tract ......................................................... 166 Figure 6-29: Cost-Burdened Owner Households by Census Tract ......................................................... 168 Figure 6-30: Cost-Burdened Renter Households by Census Tract - Countywide ..................................... 170 Figure 6-31: Cost-Burdened Owner Households by Census Tract - Countywide ..................................... 172 Figure 6-32: Sensitive Communities .................................................................................................. 174

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-4
This page intentionally left blank.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-5

1. Introduction
The City of Indian Wells, incorporated in 1967, is located in the western Coachella Valley in Riverside County.

Indian Wells is bounded by Palm Desert on the nort h and west, La Quinta on the east, and unincorporated County lands to the south. The southern city limits incl ude a portion of the Santa Rosa Mountains, an area which is designated as open space. The area is bise cted by Highway 111 which provides regional access.

Indian Wells has a population of 5,403 (Department of Finance, 2020) and is approximately 15 square miles in size. The City’s Sphere of Influence is coterminous with its boundary.

The City is a world-renowned resort destination with a strong tourism market; resort hotel properties, restaurants, and general retail centers are the three primary economic components of the tax base. Residents of Indian Wells enjoy a high quality of life with an abundance of recreation facilities and amenities.

State Housing Law (Government Code Section 65583) requires that a “housing element shall consist of an identification and analysis of existing and projecte d housing needs and a statement of goals, policies, quantified objectives, financial resources, and schedu led programs for the preservation, improvement, and development of housing. The housing element shall iden tify adequate sites for housing, including rental housing, factory-built housing, and mobile homes, and shall make adequa te provision for the existing and projected needs of all economic segments of the comm unity.” This report is an update of the City’s 2013- 2021 Housing Element (5
th Cycle), adopted in November 2013.

The assessment and inventory must include all of the following:
 Analysis of population and employment trends, documentation of projections, and a quantification of the locality’s existing and projected housing needs for all income levels. Such existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584 of the Government Code.
 Analysis and documentation of household characteri stics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.  An inventory of land suitable for residential deve lopment, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship between zoning, public facilities, and city services to these sites.
 Analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels and for persons with disabilities, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development.  Analysis of potential and actual non-governmental constraints upon the maintenance, improvement, or development of housing for all income levels, in cluding the availability of financing, the price of land, the cost of construction, requests to develop housing at densities below the minimum densities in the inventory of sites, and the length of time between receiving approval for a housing development and submittal of an application for bu ilding permits that hinder the construction of a locality’s share of the regional housing need.
 Analysis of any special housing needs, such as those of the elderly, disabled, including developmentally disabled, large fa milies, farmworkers, families with female heads of households, and families and persons in need of emergency shelter.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-6
 Analysis of opportunities for energy conservation with respect to residential development.  Analysis of existing assisted multifamily rental housing developments that are eligible to change from low-income housing to market-rate during the next 10 years.

The Background Report of this housing element identi fies the nature and extent of Indian Wells’ housing needs, including those of special populations, pote ntial housing resources (l and and funds), potential constraints to housing production, and energy conservation opportunities. By examining the City’s housings, resources, and constraints, the City can then determine a plan of action for providing adequate housing. This plan is presented in the Housing Plan, which is the policy component of the Housing Element. In addition to identifying housing needs, the Background Report also presents information regarding the setting in which these needs occur. This information is instrumental in providing a better understanding of the community, which in turn is essential for the planning of future housing needs.

Since the update of the City’s last Housing Element, statutory changes have occurred that must be included in the 2021-2029 Indian Wells Housing Element (6 th Cycle). These laws have been incorporated in the appropriate sections throughout this Background Report as well as in its accompanying Policy Document.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-7

2. Accomplishments Under 5th Cycle Housing Element
The following section reviews and evaluates the City’s progress in implementing the 2013 Housing Element.

It reviews the results and effectiveness of programs , policies, and objectives from the previous Housing Element planning period, which covered 2013 through 2021. This section also analyzes the difference between projected housing need and actual housing production. 2A. Review of 2013 Housing Element
The 2013 Housing Element program strategy focused on the accomplishment of policies and implementation of programs to ensure adequate housing sites, to encourage the production of new housing, including affordable and special needs housing, to encourage th e maintenance and preservation of existing housing, to remove various constraints to housing, including housing for special needs populations, and to encourage fair housing and non-discrimination. The 2013 Housing Element identified the following goals:
 Goal IIB1: Conserve and improve the condition of the existing housing stock.  Goal IIB2: Support and encourage the development of housing affordable for all income segments of the population.
 Goal IIB3: Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement and development of housing.  Goal IIB4: Promote housing opportunities for all persons regardless of race, religion, sex, age, marital status, familial status, an cestry, national origin, color, source of income, sexual orientation, or any other arbitrary factors.  Goal IIB5: Encourage energy conservation in new and existing housing stock. 2B. Housing Production During 5th Cycle RHNA Period
The City’s 5th Cycle Housing Element specifically addressed housing needs for Indian Wells from October 15, 2013 through October 15, 2021, in line with the Regional Housing Needs Allocation (RHNA) planning period adopted by the Southern California Association of Governments (SCAG).

Table 2–1 shows the total number of housing units built in the City during the 5 th RHNA cycle to date and compares these units with the units required to be accommodated under the Regional Housing Needs Allocation. Housing development in Indian Wells during the 5 th cycle exceeded the City’s RHNA allocation, however all new development (309 units) during the prior planning period was in the above-moderate income category.

TABLE 2–1: REGIONAL HOUSING NEEDS ALLOCATION – 5TH CYCLE PROGRESS Status Extremely
Low Very Low Low Moderate Above
Moderate TOTAL
RHNA Allocation 20 20 27 31 62 160
Built 0 0 0 0 309 309
Remaining Allocation 20 20 27 31 0 98
Sources: City of Indian Wells 2013 Housing Element; 2019 General Plan Annual Progress Report

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-8
2C. Appropriateness and Effectiven ess of 2013 Housing Element The overarching goals and policies of the 2013 Housing Element continue to be appropriate to encourage the City’s housing goals. While the majority of goals, policies, and programs included in the 2013 Housing Element continue to be appropriate to address the City’s housing needs, the Housing Plan will be updated to provide clearer guidance and more specific direction to encourage affordable and special needs housing. The Housing Plan will also be updated to streamline programs so that they are easier for staff to implement and to include a matrix of programs that includes timing to make it easier to identify the applicability and timing of programs. In order to improve the ease of use of the Housing Plan, the housing programs will be presented as a user-friendly table.

As discussed in Table 2–2, most housing programs have been effective or are necessary. The intent of these programs will be kept in the Housing Plan, with revi sions to address identified specific housing needs, constraints, or other concerns identified as part of th is update, and to affirmatively furthering fair housing.

The City implemented many of the housing programs in the last several years and anticipates that these changes will further encourage affordable and special needs housing.

The Housing Plan included in this 2021-2029 Housing Element includes modifications to make programs more effective, clarify objectives, and ensure that the programs are implementable. See the Housing Plan for the goals, policies, and programs of this Housing Element.

While the City took a number of significant steps to promote housing during the prior planning period, the experience of most communities throughout the state demonstrates that it is very difficult for local governments to meet their fair share housing goals for lower and moderate-income housing when working alone. All cities, including Indian Wells, have limited financial and staffing resources and require substantial state and/or federal assistance, which is not available at the levels necessary to support the City’s housing needs, as well as the technical assistance of area non-profit housing developers and agencies.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-9

CUMULATIVE EFFORTS TO ADDRESS SPECIAL HOUSING NEEDS
Government Code Section 65588 requires that local governments review the effectiveness of the housing element goals, policies, and related actions to meet the community’s special housing needs (e.g., low income households, elderly, persons with disabilities, large households, female headed households, farmworkers, and persons experiencing homelessness). As shown in Table 2-2, during the 2014-2021 RHNA period, the City worked diligently to continuously promote housing for special needs groups in a variety of ways by:
 Continuing to permit emergency shelters in acco rdance with State law and providing resources to persons seeking shelter;
 Assisting low income and elderly residents that apply for Section 8 rental assistance;  Continuing to ensure that transitional/supportive housing be subject to the same permit processing procedures as other housing in the same zone;
 Continuing to allow for the development of ADUs, a unique housing option well-suited to meet the needs of the City’s lower-income and elderly populations;  Adoption of a Reasonable Accommodation Ordinance to continue to support and provide resources for individual homeowners requesting exemptions to zoning and development standards in order to accommodate a disability thereby assisting persons with disabilities.

The City has considered the cumulative efforts to a ddress special housing needs and finds that the City’s existing programs to address the community’s spec ial housing needs, particularly for lower income households, the elderly, persons experiencing homeless ness, and persons with disabilities, continue to be relevant and will be continued in the next planning pe riod. Through this review, the City has identified the need to amend specific Housing Programs to more thoroughly address the needs of large households, female headed households, and farmworkers. Programs 8 (Accessory Dwelling Units), 13 (Development Code Amendments – Housing Constraints), 14 (Density Bonus Ordinance), 17 (Support for Persons Experiencing Homelessness), and 19 (Affirmatively Furthering Fair Housing Outreach and Coordination Program) have been added or amended to further address the community’s special housing needs. The City will continue to review progress towards addressing these needs as part of each Housing Element Annual Progress Report.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-10
TABLE 2–2: EVALUATION OF THE 2013 INDIAN WELLS HOUSING ELEMENT PROGRAMS Program Accomplishments
Goal IIB1: Conserve and improve the condition of the existing housing stock.

Program IIB1.A Rehabilitation and Preservation. Although no housing units were determined to need major
rehabilitation during this planning period, property owners may be eligible for rehabilitation assistance including rebates, grants and loans, through outside programs provided by
utility providers and other organizations. The City will provide refer property owners to these programs upon inquiry or with code enforcement programs.

Result/Evaluation: The City continues to refer property owners for rehabilitation assistance including rebates, grants and loans, through outside programs provided by utility providers and other organizations.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Goal IIB2: Support and encourage the development of housing affordable for all income segments of the population.

Program IIB2.A Production of New Housing Units. The
City has a 2014-2021 projected RHNA need of 160 housing units including 67 housing units for extremely low, very low, and low income households. The City will continue to monitor the sites currently designated by the City to accommodate its projected growth needs and use of the Affordable Housing Overlay. If during the planning period, the City finds that the sites are no longer available to meet the City’s RHNA
allocation, the City will ensure additional alternative sites are made available in locations at appropriate densities to permit housing at the necessary affordability level. Additionally the City will continue to provide incentives and flexibility in development standards to encourage affordable housing
development as outlined in Section 21.12.040 of the City’s Municipal Code and will evaluate potential incentives and flexibility in development standards to encourage new
housing construction within one year of the Housing Element Adoption. The City will proactively outreach to the housing development community to assist in the evaluation of
potential incentives. This program will be in conjunction with the evaluation of alternative funding and financing in Program II2.C. Upon completion of the evaluation, the City shall establish additional incentives and flexibility in development standards, as appropriate, and promote the benefits of this program to the development community by posting
information on its web page and distributing information during pre-development application meetings. The City
understands the housing challenges of extremely low-income households, which are a subset of very low income
households who earn 30 percent or less of the median
income. This income group is most likely to experience a housing crisis when faced with rent increases, foreclosure, or other adverse event. The City will collaborate with housing developers to seek state, federal, and other appropriate funds and incentives targeted for the development of housing
affordable to extremely low-income households through this Result/Evaluation: The City continues to provide incentives and flexibility in development standards to encourage affordable housing development as outlined in Section 21.12.040 of the City's Municipal Code. The City also continues to monitor available sites for development of affordable housing and proactively works with the development community to encourage the production of new housing units at all income categories. The City has entered into an Exclusive Negotiating Agreement with Abode Communities to develop approximately 6 acres of vacant Housing Authority land into 100 affordable units; this development is expected to help accommodate a portion of the City’s 6 th
Cycle RHNA.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element, with modifications to the City’s current RHNA.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-11
Program Accomplishments
strategy and the strategy developed in Program II2.C.

Program IIB2.B Vacant and Underutilized Land Survey.

The City will maintain a comprehensive land use survey
identifying vacant and underutilized parcels suitable for residential development.

Result/Evaluation: The City continues to maintain a comprehensive land use survey identifying vacant and underutilized parcels suitable for residential development.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Program IB2.C Evaluate Alternative Funding and
Financing Mechanisms. The City of Indian Wells will
collaborate with private, non-profit, state and federal entities to investigate alternative methods for funding and financing the construction of new housing units and rehabilitation and preservation of existing units citywide. Indian Wells will establish continued communication with local, state and federal legislators to encourage the establishment of
alternative funding and financing mechanisms. The City will identify an initial list of potential funding and financing mechanisms within six months of the Housing Element
adoption and within one year prepare a strategy to seek for funding for housing construction and rehabilitation when appropriate and available. On a bi-annual basis, the City will review and update the strategy as appropriate.

Result/Evaluation: The City worked with the City of Indian Wells Housing Authority to analyze potential affordable housing developments within the City. Preliminary concepts were vetted and the Housing Authority is seeking mixed-affordability units within residential developments prior to 2021. The City was able to procure SB2 and LEAP funding in 2020. The city continues to review and apply for grants and alternative funding sources to facilitate housing programs and rehabilitation efforts.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Goal IIB3: Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement and development of housing.

Program IIB3.A Monitoring Potential Constraints. The City will periodically review City regulations, procedures and fees to identify any potential constraints to the development and maintenance of housing. The City will outreach to the
development community to assist in this review. If the City finds that regulations, procedures and/or fees are a constraint to housing, the City will revise requirements or policies as necessary.

Result/Evaluation: The City continues to monitor regulations, procedures and fees to identify any potential constraints to the development and maintenance of housing.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Program IIB3.B Monitoring Reasonable Accommodation
Procedures. The City will evaluate adopted reasonable
accommodation procedures annually and revise as
appropriate to ensure consistency with fair housing
requirements.

Result/Evaluation: The City and Housing Authority continue to maintain written policies for reviewing and approving requests for reasonable accommodations. The City passed an Ordinance to update reasonable accommodation in October 2021 to maintain consistency with fair housing requirements.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Program IIB3.C Development Guidelines and Procedures.

The City shall maintain existing development guidelines, which specify the procedures, materials, time frames, and costs associated with various zoning and subdivision
applications. The objective is to provide potential developers with an informational package clearly explaining the
Result/Evaluation: The City maintains existing development guidelines online and at the public counter which specify the procedures, materials, time frames, and costs associated with various zoning and subdivision applications.

Continue/Modify/Delete: This program is continued in the 2021-2029

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-12
Program Accomplishments
development review procedure as well as the possible
incentives available for affordable housing development.

Housing Element.

Goal IIB4: Promote housing oppor tunities for all persons regardless of race, religi on, sex, age, marital status, familial statu s, ancestry, national origin, color, source of income, sexual orientation, or any other arbitrary factors.

Program IIIB4.A Fair Housing Policy Procedures. The City will maintain a listing of fair housing groups serving Riverside County and refer fair housing-related complaints to these groups. Fair housing policy procedures will be made available at City Hall, on the City’s website and advertised in the City Newsletter on a periodic basis.

Result/Evaluation: The City continues to provide information about fair housing to inquiring parties through City Hall and Housing Authority owned affordable senior housing developments.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Program IIB4.B Section 8 Housing Choice Vouchers. The
County of Riverside currently administers the Section 8 Rental Assistance program on behalf of the City. Based on future congressional appropriations, the County Housing Authority will apply for additional funding which will enable the Housing Authority to administer additional vouchers for families, elderly, and persons with disabilities over the Housing Element planning period. While the City is not
authorized to administer a Section 8 program, the City will continue to provide referral services on behalf of the County and disseminate information to City residents.

Result/Evaluation: The City continues to provide referrals to Riverside County for Section 8 information. Additionally, the Housing Authority provides information to prospective tenants about Section 8. Qualified tenants at both Mountain View Villas and Indian Wells Villas receive Section 8 vouchers.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Program IIB4.C Coordination on Homeless Issues. The
City will coordinate with the County of Riverside, adjacent jurisdictions and applicable service providers to address homeless issues in the Coachella Valley.

Result/Evaluation: The City and Housing Authority fund regional homeless service providers in partnership with adjacent jurisdictions in the Coachella Valley.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Program IIB4.D Support for Persons with Developmental
Disabilities. The City shall support the ability of persons with developmental disabilities to live in integrated community settings by coordinating with the Inland Regional Center to identify the housing needs of persons served by the Center, promote opportunities for supportive living services and support efforts to eliminate barriers to housing for persons with developmental disabilities.

Result/Evaluation: The City supports the elimination of barriers to housing for persons with developmental disabilities and funds non-profit organizations that provide services.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Goal IIB5: Encourage energy conservation in new and existing housing stock.

Program IIIB5.A Green Building Program. The City will
continue to support the development of green building
practices in housing and sustainability programs by
participating in the CVAG Green for Life Program and
evaluate the feasibility of implementing local policies and programs consistent with the CVAG Green Building Program and the City’s Climate Action Plan.

Result/Evaluation: The City continues to support the development of green building practices in housing and sustainability programs by participating in the CVAG Green for Life Program and access to PACE financing.

Continue/Modify/Delete: This program is continued in the 2021-2029 Housing Element.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-13

3. Housing Needs Assessment
3A. Introduction and Background
The purpose of the Housing Needs Assessment is to describe housing, economic, and demographic conditions in Indian Wells, assess the demand for housing for households at all income levels, and document the demand for housing to serve vari ous special needs populations. The Housing Needs Assessment also addresses whether assisted housing projects are at risk of converting to market rate projects. The Housing Needs Assessment is intended to assist Indian Wells in developing housing go als and formulating policies and programs that address local housing needs.

Several sources of data were used to describe exis ting demographic and housing conditions, including the following:
 Pre-Certified Local Housing Data package for the City of Indian Wells developed by the Southern California Association of Governments (SCAG) and pre-certified by the California Department of Housing and Community Development (HCD) for use in 6th cycle housing elements.
 Data from the 2010 U.S. Census, 2014-2018 U.S. Census American Community Survey (ACS), California Department of Finance (DOF), California Employee Development Department (EDD), and U.S. Department of Housing and Urban Development (HUD) is included to provide information on population, household, housing, income, employment, and other demographic characteristics.
 Regional information from the Fair Housing Council of Riverside County.  Other sources of economic data such as information from the websites Zillow.com and Apartments.com, and other published data are used where current Census, ACS, DOF, HUD, and other standard data sources do not provide relevant data.  Interviews with key agencies and organizations were conducted to obtain information on housing needs and, in particular, needs of populations with special housing needs.  Research and data related to fair housing, including Census Scope, Social Science Data Analysis Network, the UC Davis Center for Regional Change and Rabobank, N.A., and the California Fair Housing Task Force.

Due to the use of multiple data sources (with some varying dates), there are slight variations in some of the information, such as total populati on and total household numbers, pres ented in this document. However, these variations do not significantly affect the discussion of overall housing trends and changes. 3B. Population Trends and Characteristics

POPULATION GROWTH
Table 3–1 shows population growth for Indian Wells and other jurisdictions in the region from 2000 through 2020. According to data prepared by the California DO F, the population of Indian Wells in 2020 was 5,403 persons, an increase of approximately 9% since 2010. During the previous decade (2000 to 2010), the City’s population increased by 29.9%. Indian Wells’ growth rate has been lower than the countywide growth rate, with Riverside County experiencing drastically higher po pulation growth rates than Indian Wells during the 2000 to 2010 period, and slightly higher population growth rates than Indian Wells during the 2010 to 2020 period, as shown in Table 3–1. This population growth in Riverside County is due in large part to pressure from surrounding counties; as Riverside, Los Angel es, and San Diego Counties became overcrowded, residents turned to less expensive options in Riverside County. Of neighboring jurisdictions, the City of Indio had the greatest numeric change in population (41,6 35 persons) and the City of Coachella had the largest percentage change in population (107.6%).

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-14
TABLE 3–1: POPULATION TRENDS – NEIGHBORING JURISDICTIONS Jurisdiction 2000 2010 2020
Change
2000-20
% Change
2000-20
Indian Wells 3,816 4,958 5,403 1,587 41.6%
Coachella 22,724 40,704 47,186 24,462 107.6%
Indio 49,116 76,036 90,751 41,635 84.8%
La Quinta 23,694 37,467 40,660 16,966 71.6%
Palm Desert 41,155 48,445 52,986 11,831 28.7%
Palm Springs 42,807 44,552 47,427 4,620 10.8%
Rancho Mirage 13,249 17,218 19,114 5,865 44.3%
Hemet 58,812 78,657 85,175 26,363 44.8%
Riverside County 1,545,387 2,189,641 2,442,304 896,917 58.0% Sources: US Census, 2000 and 2010; DOF, 2020
AGE
Changes in the age groups can indicate future housing needs. Table 3–2 compares age cohort sizes in 2018 for Indian Wells and Riverside County. In Indian We lls, children under 15 comprise 3.9% of the City’s population, teens and young adults (15 – 24) represent 3.6%, and adults in family-forming age groups (25 – 44) comprise 6.2%. Adults aged 45 to 64 represent 27.4% of the population and seniors (65 and over) comprise the overwhelming majority at 58.9%. In 2018, the median age in Indian Wells (67.9 years) was approximately thirty-three years higher than that of Riverside County (35.3 years) and thirty-two years above the statewide median age (36.3 years). The median age of City residents continues stay relatively stable (down slightly from 68 years in 2010).

TABLE 3–2: POPULATION BY AGE (2018)
Age Indian Wells Riverside County
Number Percent Number Percent
Under 5 Years 15 0.30% 158,008 6.6%
5 to 9 88 1.70% 169,403 7.1%
10 to 14 105 2.00% 177,796 7.5%
15 to 19 64 1.20% 177,697 7.5%
20 to 24 127 2.40% 170,153 7.1%
25 to 34 187 3.5% 328,917 13.8%
35 to 44 145 2.7% 303,627 12.7%
45 to 54 370 7.0% 303,884 12.8%
55 to 64 1,086 20.4% 265,192 11.1%
65 to 74 1,432 26.9% 186,772 7.8%
75 to 84 1,311 24.6% 101,900 4.3%
85 and Over 387 7.3% 39,937 1.7%
TOTAL 5,317 100% 2,383,286 100%
Source: US Census, 2014-2018 ACS

RACE/ETHNICITY
Table 3–3 shows the ethnic composition of Indian Well s’ population. Nearly a ll (94.1%) of the City’s population identify as White. The next largest racial group is “some other race” (1.7%) and Asian (1.7%), followed by “two or more races” (1.4%), and Black or African American (1.1%). Nobody identifies as either

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-15
American Indian or Alaska Native, or Native Hawaii an and Pacific Islander. A small proportion of the population (5.3%) is of Hispanic or Latino origin. Indian Wells has a higher proportion of groups that identify as White than the County, and fewer who identify as Bl ack or African American, American Indian or Alaska Native, Asian, Native Hawaiian and Pacific Islander, “some other race” or “two or more races.” Indian Wells is a less culturally diverse community than the Count y as a whole, which can influence buying preferences and the demand for special needs housing (e.g., multigenerational housing).

TABLE 3–3: RACE AND ETHNICITY (2018)
Race/Ethnicity
Indian Wells Riverside County
Number Percent Number Percent
White 5,002 94.1% 1,450,134 60.8%
Black or African American 58 1.1% 153,545 6.4%
American Indian or Alaska Native 0 0.0% 19,281 0.8%
Asian 92 1.7% 152,130 6.4%
Native Hawaiian and Pacific Islander 0 0.0% 6,843 0.3%
Some Other Race 91 1.7% 495,241 20.8%
Two or More Races 74 1.4% 106,112 4.5%
TOTAL 5,317 100% 2,383,286 100%
Hispanic or Latino (of any race) 282 5.3% 1,154,517 48.4% Source: US Census, 2014-2018 ACS

EMPLOYMENT
One of the factors that can contribute to an increase in demand for housing is expansion of the employment base. Table 3–4 shows the employment and unemployment rates for persons 16 years and older that were in the labor force in 2010 and 2018. In 2018, ACS data indicated that there were 1,697 employed persons in the Indian Wells labor force and that the unemployment rate was approximately 7.2%, an increase from

5.8% in 2010. According to the la bor report data compiled by the California EDD, the Riverside-San Bernardino-Ontario Metropolitan Area’s average annual unemployment rate in 2018 was estimated at 4.3%, Riverside County’s rate was 4.5%, while California’s was 4.1%.

TABLE 3–4: JOB GROWTH AND EMPLOYMENT STATUS
2010 2018
Number Percent Number Percent
Total Persons in Labor Force 1,668 100% 1,828 100%
Employed 1,571 94.2% 1,697 92.8%
Unemployed 97 5.8% 131 7.2%
Sources: US Census, 2006-2010 ACS and 2014-2018 ACS

INDUSTRY AND OCCUPATION
Of Indian Wells’ employed residents, the “Professional, scientific, management, administrative, waste mgmt.” industry employed the most people at 18.6%. The second largest employment sector was the “Finance and insurance, real estate and rental and leasing” industry, which had 15.9% of the total employed persons in Indian Wells. The top two employment categories in Riverside County were the “Educational services, health care and social assistance” industry at 20.7% and the “Retail trade” industry at 12.9%.

The City’s workforce holds a variety of types of jobs as shown in Table 3–6, with the largest sector (56%) working in management, business, science, and arts occupations, followed by 28.9% in sales and office occupations. Employment and occupation trends play an important role in defining housing needs. This

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-16
relationship extends beyond the impact of employment growth on housing demand in the City and includes how wage levels and median earnings affect the type of housing affordable to workers and households in Indian Wells. There is a significant gap, for example, between the median earnings of a resident employed in management and a resident employed in a service occupation, and this translates into the type of housing that is needed in the City.

TABLE 3–5: JOBS BY INDUSTRY (2018)
Industry Number Percent
Agriculture, forestry, fishing and hunting, mining 47 2.8% Construction 55 3.2%
Manufacturing 144 8.5%
Wholesale trade 40 2.4%
Retail trade 119 7.0%
Transportation, warehousing, utilities 49 2.9%
Information 29 1.7%
Finance and insurance, real estate and rental and leasing 269 15.9% Professional, scientific, management, administrative, waste mgmt. 316 18.6% Educational services, health care and social assistance 262 15.4% Arts, entertainment, recreation, accommodation, food services 165 9.7% Other services 149 8.8%
Public administration 53 3.1%
TOTAL (Civilian Labor Force) 1,697 100%
Armed Forces 0 -
Source: US Census, 2014-2018 ACS
TABLE 3–6: JOBS BY OCCUPATION (2018)
Occupation Number Percent Median
Earnings*
Management, business, science, and arts occupations 951 56% $81,667 Service occupations 139 8.2% $20,052
Sales and office occupations 490 28.9% $69,435
Natural resources, construction, and maintenance occupations 65 3.8% $103,220 Production, transportation, and material moving 52 3.1% $139,583 *Median earnings in previous 12 months prior to survey
Sources: SCAG 6th Cycle Data Package; US Census, 2014-2018 ACS

TRAVEL TO WORK
More than three-quarters (82.7%) of Indian Wells workers 16 years and over travelled less than 30 minutes to work. Comparatively, about one-tenth (10.9%) of workers drive more than 60 minutes to work. Most Indian Wells workers, 74.2%, drive alone to work and 5.1% carpool. Table 3–7 identifies travel time to work and Table 3–8 identifies commute methods for Indian Wells workers in 2018.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-17
TABLE 3–7: TRAVEL TIME TO WORK (2018) TABLE 3–8: COMMUTE METHOD (2018) Number Percent Number Percent
Less than 10 minutes 125 8.7% Drive Alone 1,243 74.2%
10-19 minutes 747 51.8% Carpooled 85 5.1%
20-29 minutes 321 22.3% Public Transportation 73 4.4%
30-44 minutes 92 6.4% Walk 6 0.4%
45-59 minutes 0 0.0% Other 35 2.1%
60 + minutes 157 10.9% Work at Home 234 14.0%
Source: US Census, 2014-2018 ACS Source: US Census, 2014-2018 ACS 3C. Household Characteristics
According to the Census, a household is defined as all persons living in a housing unit. This definition includes families (related individuals living together), unrelated individuals living together, and individuals living alone.

A housing unit is defined by the Census as a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied (or if vacant, is intended for occupancy) as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements.

People living in retirement homes or other group livin g situations are not considered “households” for the purpose of the U.S. Census count. The household char acteristics in a community, including household size, income, and the presence of special needs households , are important factors in determining the size and type of housing needed in the City.

Table 3–9 below identifies the ages of householders in Indian Wells and Riverside County in 2018 based on ACS data from 2014-2018. Homeowner households are ge nerally headed by someone above middle-age, with 65.3% of homeowner households headed by a resi dent over 65 years of age; however, about a fifth (20.3%) are headed by early middle-aged to middle-ag ed residents (35-59 years of age). Households who rent their homes trend slightly older; about 91.9% of renter households are headed by a person over 65 years of age, with the remaining 8.1% falling within the 25-54 age range.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-18
TABLE 3–9: HOUSEHOLDS BY TENURE AND AGE (2018)

Indian Wells Riverside County
Number % Number %
Total: 2,759 - 718,349 -
Owner Occupied: 2,354 85.3% 472,401 65.8%
Householder 15 to 24 years 0 0.0% 2,850 0.4%
Householder 25 to 34 years 25 0.9% 43,381 6.0%
Householder 35 to 44 years 89 3.2% 77,261 10.8%
Householder 45 to 54 years 181 6.6% 101,801 14.2%
Householder 55 to 59 years 208 7.5% 54,048 7.5%
Householder 60 to 64 years 314 11.4% 49,348 6.9%
Householder 65 to 74 years 607 22.0% 80,773 11.2%
Householder 75 to 84 years 675 24.5% 46,189 6.4%
Householder 85 years and older 255 9.2% 16,750 2.3%
Renter Occupied: 405 14.7% 245,948 34.2%
Householder 15 to 24 years 0 0.0% 12,648 1.8%
Householder 25 to 34 years 25 0.9% 56,200 7.8%
Householder 35 to 44 years 0 0.0% 60,241 8.4%
Householder 45 to 54 years 8 0.3% 47,171 6.6%
Householder 55 to 59 years 0 0.0% 18,293 2.5%
Householder 60 to 64 years 0 0.0% 14,055 2.0%
Householder 65 to 74 years 157 5.7% 21,041 2.9%
Householder 75 to 84 years 187 6.8% 10,839 1.5%
Householder 85 years and older 28 1.0% 5,460 0.8%
Source: US Census, 2014-2018 ACS 5-Year Data Profile (Table B25007) Table 3–10 identifies the household sizes by housing tenure. In 2018, the majority of households consisted of 2 to 4 persons, which is consistent with the County’s profile. Only 2.1% of large households of 5 or more persons made up the total households in Indian Wells – a small percentage of total households and smaller proportion when compared to the County. The averag e household size was 1.92 persons in Indian Wells, compared to 3.27 persons for the County. Additional ly, the average household size in 2018 for an owner- occupied unit was 2.02 persons per household and 1.37 persons per household for a renter-occupied unit.

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-19
TABLE 3–10: HOUSEHOLD SIZE BY TENURE (2018)

Indian Wells Riverside County
Number % Number %
Owner Households 2,354 100.0% 472,401 100.0%
Householder living alone 544 23.1% 94,214 19.9%
Households 2–4 persons 1,761 74.8% 297,075 62.9%
Large households 5+ persons 49 2.1% 81,112 17.2%
Average Household Size 2. 02 persons 3.25 persons
Renter Households 405 100.0% 245,948 100.0%
Householder living alone 267 65.9% 61,899 25.2%
Households 2–4 persons 138 34.1% 135,765 55.2%
Large households 5+ persons 0 0.0% 48,284 19.6%
Average Household Size 1.37 persons 3.3 persons
Total Households 2,759 100.0% 718,349 100.0%
Householder living alone 811 29.4% 156,113 21.7%
Households 2–4 persons 1,899 68.8% 432,840 60.3%
Large households 5+ persons 49 1.8% 129,396 18.0%
Average Household Size 1. 92 persons 3.27 persons
Sources: SCAG 6th Cycle Data Package; U.S. Census Bureau, 2014-2018 ACS; 2014-2018 ACS 5-Year Data Profile (Table B25009) 3D. Income

HOUSEHOLD INCOME
From 2000 to 2018, the median household income in creased by 11.2% to $104,522 and the per capita income increased by 30.2% to $99,206. From 2010 to 2018, there was a decrease in both per capita and median household incomes. Table 3–11 identifies the per capita and median household incomes.

TABLE 3–11: MEDIAN HOUSEHOLD AND PER CAPITA INCOME
2000 2010 2018
Median Household Income $93,986 $131,250 $104,522
Per Capita Income $76,187 $110,590 $99,206
Sources: US Census, 2000; US Census, 2014-2018 ACS
In 2018, more than two-thirds (69.2%) of Indian Well s’ households earned in excess of $50,000 per year.

The incidence of households earning less than $35, 000 per year was significantly higher among renter households (80.5%) than owner households (16%). Ta ble 3–12 identifies household income by tenure. As shown in Table 3–12, the median income of owner households is approximately $106,000 more than renter households. Compared to the County, median household incomes are significantly higher for owner households (65.9%) but significantly lower for renter households (45.7%).

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-20
TABLE 3–12: HOUSEHOLD INCOME FOR ALL HOUSEHOLDS AND BY TENURE (2018) All Households Owner Households Renter Households
Income Number Percent Number Percent Number Percent
Less than $5,000 88 3.2% 88 3.7% 0 0.0%
$5,000 to $9,999 66 2.4% 30 1.3% 36 8.9%
$10,000 to $14,999 53 1.9% 21 0.9% 32 7.9%
$15,000 to $19,999 151 5.5% 92 3.9% 59 14.6%
$20,000 to $24,999 122 4.4% 31 1.3% 91 22.5%
$25,000 to $34,999 223 8.1% 115 4.9% 108 26.7%
$35,000 to $49,999 148 5.4% 127 5.4% 21 5.2%
$50,000 to $74,999 314 11.4% 286 12.1% 28 6.9%
$75,000 to $99,999 181 6.6% 173 7.3% 8 2.0%
$100,000 to $149,999 368 13.3% 352 15.0% 16 4.0%
$150,000 or more 1045 37.9% 1,039 44.1% 6 1.5%
Median Household
Income – Indian Wells $104,522 $129,397 $23,063
Median Household
Income – Riverside
County
$63,948 $77,991 $42,445
Source: US Census, 2014-2018 ACS

HOUSEHOLDS BY INCOME GROUP
A special aggregation of 2013-2017 ACS data performed by HUD – titled the Comprehensive Housing Affordability Strategy (CHAS) data – provides a breakd own of households by income group by tenure. The number of households in extremely low, very low, low, and moderate /above moderate-income groups is shown in Table 3–13. Approximately three-quarters (76. 1%) of all households are at or above moderate income. However, there is a stark difference betw een households who own and households who rent, particularly among households in the moderate to above moderate-income group (85.4% for owners and

22.3% for renters). The HUD CHAS data indicates the extremely low-income group represents only 5.5% of households, and a higher proportion are renters (13. 8%) than owners (4.1%). The very low-income group represents 8.4% of households and the low-income group represents 9.9% of households. The City’s RHNA (see Table 3–28) identifies the City’s share of regional housing needs for extremely low, very low, and low- income households, as well as for moderate and above moderate-income households. As shown in Table 3– 13, there is a larger proportion of renters in the extremely low, very low, and low-income groups, while there is a larger proportion of moderate and above moderate-income groups in owner households.

TABLE 3–13: HOUSEHOLDS BY INCOME GROUP (2017)
Income Group Total Owner Renter
Households Percent Households Percent Households Percent Extremely Low (<30% AMI) 150 5.5% 95 4.1% 55   13.8%
Very Low (31–50% AMI) 230 8.4% 100 4.3% 130 32.5%
Low (51–80% AMI) 270 9.9% 145 6.2% 125 31.3%
Moderate and Above Moderate
(>80% AMI)
2,074 76.1% 1,985 85.4% 89 22.3%
TOTAL 2,725 100.0% 2,325 100.0% 400 100.0%
Source: HUD Comprehensive Housing Affordability Strategy (CHAS), 2013-2017 Available: https://www.huduser.gov/portal/datasets/cp.html

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-21

POVERTY LEVELS
The 2014-2018 ACS data indicates that 80 (4.3%) of a ll Indian Wells families and 364 individuals (6.8%) had incomes at or below the poverty level. According to the ACS data, poverty rates are disparate between races and economic indicators are particularly severe for those identified as Asian and “two or more races.” In 2018, those identified as Asian ha d a poverty rate of 26.1% compared to 23% for “two or more races,”

14.9% for Hispanic/Latino, and 6.5% for Whites. There were no (0%) individuals with incomes at or below the poverty level who identified as Black or African American alone or “some other race alone.” The level of poverty in a jurisdiction often influenc es the need for housing to accommodate those persons and families in the very low and low-income categories. The U.S. Census Bureau measures poverty by using a set of money income thresholds that vary by family size and composition of who is in poverty. If a family’s total income is less than the family’s threshold, then th at family and every individual in it is considered in poverty. For example, the poverty threshold for a family of two with no children would be $17,120, a household of two with a householder aged 65 or older and no children has a poverty threshold of $15,453, and the poverty threshold of a family of four with two children under the age of 18 would be $25,926. (U.S.

Census Bureau, 2019).

Extremely Low-Income Households
Extremely low-income (ELI) households are defined as those earning up to 30% of the area median household income. For Riverside County, the medi an household income in 2020 was $75,300. For ELI households in Indian Wells (and the rest of Riverside County), this results in an income of $26,200 or less for a four-person household or $15,850 for a one-person household. ELI households have a variety of housing situations and needs. For example, most families and in dividuals receiving only public assistance, such as social security disability insurance or disability insurance, qualify as ELI households.

TABLE 3–14: OCCUPATIONS WITH WAGES FOR EXTREMELY LOW-INCOME HOUSEHOLDS (2020) Occupation Title Median Hourly Wage
Cleaners of Vehicles and Equipment $12.67
Bartenders $12.64
Gaming Change Persons and Booth Cashiers $12.63
Hosts and Hostesses, Restaurant, Lounge, and Coffee Shop $12.59 Cooks, Fast Food $12.58
Pressers, Textile, Garment, and Related Materials $12.57 Amusement and Recreation Attendants $12.56
Waiters and Waitresses $12.56
Dishwashers $12.40
Farming, Fishing, and Forestry Occupations $12.36
Graders and Sorters, Agricultural Products $12.33
Ushers, Lobby Attendants, and Ticket Takers $12.32
Gaming Dealers $12.23
Door-to-Door Sales Workers, News and Street Vendors, and Related Workers $12.20 Farmworkers and Laborers, Crop, Nursery, and Greenhouse $12.20 Dining Room and Cafeteria Attendants and Bartender Helpers $12.15 Source: Employment Development Department, Long-Term Occupational Projections 2018-2028 (accessed May 2021) Pursuant to Government Code Section 65583(a)(1), 50% of Indian Wells’ very low-income regional housing needs assigned by HCD are projected to be extremel y low-income households. As a result, from the very low-income need of 117 units (see Table 3–28), the City has a projected need of 58 units for extremely low-

Council Agenda- April 4, 2024
City of Indian Wells 2021-2029 Housing Element
Housing Element Background Report | Page BR-22
income households (i.e. households earning 30% or less of the area median income). Based on current figures, extremely low-income households will most likely be facing an overpayment, overcrowding, or substandard housing conditions. Some extremely low-income households could include individuals with mental or other disabilities and special needs. To address the range of needs of ELI households, the City will implement several programs including the following prog rams (refer to the Housing Plan for more detailed descriptions of these programs):
 Program 3: Production of New Housing Units
 Program 6: Evaluate Alternative Funding and Financing Mechanisms  Program 7: Replacement of Affordable Units
 Program 8: Density Bonus Program
 Program 17: Section 8 Housing Choice Vouchers
 Program 18: Support for Persons Experiencing Homelessness 3E. Housing Characteristics

HOUSING TYPE
Table 3–15 identifies the types of housing units in Indian Wells in 2020. The table summarizes total housing stock according to the type of structure. As shown in the table, the majority of housing in Indian Wells is single-family detached housing, which accounted for 67.1% of units in 2020. Mobile homes represent none (0%) of the housing stock. Multifamily units represen t 11.7% of the housing stock, with duplex through fourplex units accounting for 4.9% and multifamily de velopments with five or more units accounting for

6.8%. Single-family attached homes represent 21.1% of housing units.

TABLE 3–15: HOUSING STOCK BY TYPE AND VACANCY (2020)
Total Single Family Multifamily Mobile
Homes Occupied Vacant Detached Attached 2 – 4 5 + Units Units 5,395 3,622 1,140 266 367 0 2,905 2,490
Percent 100% 67.1% 21.1% 4.9% 6.8% 0% 53.8% 46.2%
Sources: SCAG 6th Cycle Data Package; DOF E-5 Report 2020

VACANCY RATE
Table 3–15 also shows the number and percentage of occupied units and the percentage of vacant units. It is important to note that these counts include all vacant units, including those units that are newly constructed but not yet occupied. In order for the housing market to function properly in a city there should always be some level of housing va cancy, otherwise rents or housing prices could skyrocket. The 46.2% vacancy in Indian Wells is considered extremely high (the historical equilibrium in California is 5.5% for rental vacancy and 1.2% for homeownership vacancy).1
The 2014-2018 ACS data indicates that there were 2, 935 vacant units in 2018. As shown in Table 3–16, of the total vacant units in 2018, the vast majority (2 ,438 or 83.1%) were for seasonal, recreational, or occasional use. Of the remainder, 26 were for rent, 268 were for sale, and 70 were rented or sold but not yet occupied. The overall vacancy rate in Indian We lls in 2018 was 51.5%, revealing a feature atypical of most California communities in that only roughly half of the total population resides in the City on a year- round basis.

1 “California’s low residential vacancy rates signal more construction,” first tuesday Journal (February 15, 2021).