Indian Wells City Council
May 16, 2024

City of Indian Wells
Resolution No. 2024-__

only for the maintenance, operation, and servicing of the improvements as described in Section

5. SECTION 8. The adoption of this Resolution constitutes the Assessment District levy for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025.

SECTION 9. The City Clerk, or the designate of the City Council, is hereby AUTHORIZED and DIRECTED to file the levy with the County Auditor upon adoption of this Resolution, pursuant to the provisions provided in the Act.

SECTION 10. A copy of the levy shall be filed in the office of the City Clerk and open for public inspection.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this 16th day of May 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 16th day of May 2024 , by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER LLP

CITY ATTORNEY

RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER’S

REPORT FOR THE CITY OF INDIAN WELLS DRAINAGE MAINTENANCE BENEFIT ASSESSMENT DISTRICT NO. 1
WHEREAS, the City Council of the City of Indian Wells, California (the “City Council”) has by resolution ordered the preparation of 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, 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 as previou sly directed by Resolution; and
WHEREAS, this City Council has examined and reviewed the Report as presented, and, subject to the corrections and modifications made at the Public Hearing, is satisfied with each of the items and documents as set forth therein; and
WHEREAS, this City Council is satisfied that the levy of assessments within the Assessment District has been spread in accordance with the particular and distinct benefit over and above general benefits conferred on each parcel of real property located in the Assessment District or to the public at large, from the improvements, operation, maintenance , and services to be performed, as set forth 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. The above recitals are true and correct.

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

ATTACHMENT #2

City of Indian Wells
Resolution No. 2024-__

SECTION 3. That the Report, as presented or modified, is hereby approved and is 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 the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and final approval 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 16th day of May 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 16th day of May 202 4, by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER LLP

CITY ATTORNEY

0 City of Indian Wells
Drainage Maintenance Benefit
A
ssessment District No. 1
2024/2025 ENGINEER’S REPORT
Intent Meeting: A pril 4, 2024
Public Hearing: May 16, 2024
27368 Via Industria
S
uite 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 #3

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

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

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.

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.

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.

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.

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

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.

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

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

APPENDIX A - ASSESSMENT DIAGRAM

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.

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

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

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

26529.00041\42254005.3
1 INDIAN WELLS CITY COUNCIL
May 16, 2024
To: City Council
From: Community Development
Prepared by: Jon Berg, Community Development Director
Subject: Adopting Addendum t o the City’s General Pl an Environmental Impact Report , Amending the General Plan to Add a Public Benefit Land Use Designation, and Amending the City’s Zoning Code to Add a Public Benefit Zone in
Compliance with the California Environmental Quality Act RECOMMENDED ACTIONS:

City Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and:

ADOPTS a Resolution of the City Council of the City of Indian Wells, California, adopting an Addendum to the City’s General Plan Environmental Impact Report in compliance with the California Environmental Quality Act; approving General Plan Amendment no. 2024- 02 amending the General Plan Land Use Element and Land Use Map to add a Public Benefit land use designation; and directing staff to file a notice of determination; and INTRODUCES Ordinance adding, pursuant to an adopted Addendum to the City’s General Plan Environmental Impact Report in compliance with the California Environmental Quality Act, chapter 21.37 and amending sections 21.12.20 and 21.12.030 of the City’s zoning code and approving Zone Map Amendment 2024 -01 to add a Public Benefit land use and zoning designation; and directing staff to file a notice of determination.

BACKGROUND:

In June 2022, the City approved General Plan Amendment No. 2022-01 for the adoption of the 6 th Cycle 2021-2029 Housing Element. The City submitted it to the California Department of Housing and Community Development (“HCD”) for certification. But HCD declined, insisting that it was not sufficient.

The City revised the Housing Element to address HCD’s comments. On July 6, 2023, the City approved the revised Housing Element, and the City submitted it to HCD.

26529.00041\42254005.3

2 Again, HCD insisted that it was not sufficient. To accommodate HCD, the City made further revisions specific to Affirmatively Furthering Fair Housing ( “AFFH”) and Reducing/Removing Governmental Constraints. The City submitted an unadopted draft of the second revised Housing Element to HCD for input.

In December 2023, HCD issued a Findings Letter (Pre-Certification Letter) that the most recently revised Housing Element does meet the statutory requirements of state law, noting that the City must readopt the revised Housing Element and complete the necessary rezoning program (Program 3 - Production of New Housing Units [Shortfall Program]) before HCD will officially certify the Housing Element as being substantially compliant.

SB 197, which was signed into law on June 30, 2022, changed the rezoning deadlines for jurisdictions within the Southern California Association of Governments ( “SCAG”), which includes the City of Indian Wells. All SCAG jurisdictions that did not have an adopted and certified Housing Element by October 15, 2022 , must now complete their rezoning programs prior to certification.

In April 2024, the City Council approved General Plan Amendment No. 2024 -01 for re- adoption of the 6 th Cycle 2021–2029 Housing Element. The City is now moving forward with the required rezoning program (Program No. 3) to accommodate the identified housing shortfall . The already adopted Housing Element and the completed rezoning program will be submitted to HCD for formal certification of the Housing Element.

Planning Commission reviewed General Plan Amendment 2024 -02, Zone Text Amendment 2024-01 and Zone Map Amendment 2024-01 at a public hearing during their regularly scheduled meeting on April 25, 2024, and approved a resolution (Attachment 1), with a vote of 4 to 1, recommending City Council adopt the rezoning program.

DISCUSSION:

As outlined in Program No. 3 of the City’s adopted 6th Cycle Housing Element, and required under SB 197, the City is now implementing the required rezoning program to accommodate its RHNA. This action involves adopting a General Plan Amendment (“GPA”) to the Land Use Element and the associated Land Use Map (Attachment 2), as well as a Zone Text Amendment and Zone Map Amendment (“Zone Change”), to designate a new Public Benefit (“PB”) land-use designation and zone (Attachment 3) to the vacant 34-acre parcel at the northeast corner of Miles Avenue and Warner Trail (APN 633 -360-002) (Attachment 4). This site is identified as an inventory site in the City’s now-adopted 6th Cycle Housing Element to accommodate 128 affordable housing units over 8 to 10 acres of the site to help satisfy the City’s RHNA requirements.

The purpose of the PB Zone is to provide space for the provision of uses that are beneficial to the public, including affordable housing and supporting uses, such as public park ,

26529.00041\42254005.3

3 recreation, open space, and parking. Residential areas within the PB Zone will generally provide for a wide range of density between 8 -24 dwelling units per acre. The actual designation of each Public Benefit area will be PB followed by a corresponding n umber (e.g., PB-1; PB-2 etc.). The allowable uses will be the same, however, each PB area may contain site specific development standard and residential densities within the allowable range. The 34 -acre site at the northeast corner of Miles and Warner Trail will be designated “PB-1” with an allowable residential density between 20 – 24 dwelling units per acre.

The PB-1 site is currently vacant and zoned Residential Medium Density (“RMD”). Based on the maximum density of 7.0 dwelling units per acre (General Plan Table IIA -2. 2025 General Plan Land Use Buildout Estimate), the site could be developed with approximately 238 dwelling units under current RMD zoning . The proposed GPA and Zone Change to PB-1 would allow a maximum density up to 24 dwelling units/acre over 29% of the site, which would still allow for development of 238 dwelling units focused within a 10 -acre portion of the site. Therefore, the proposed PB-1 Zone will still be consistent with the maximum density currently allowed for the 34 -acre site in the General Plan and overall residential growth identified and analyzed in the General Plan’s Final Environmental Impact Report (“FEIR”).

Zoning Code Amendment

The 6th Cycle Housing Element includes Program No. 3 (Production of New Housing Units [Shortfall Program]) to rezone a site of at least 8 acres to address the City’s lower income RHNA shortfall. The City proposes to amend Indian Wells Municipal Code Title 21, Zoning Code, and the General Plan Land Use/Zoning Map, to rezone the 34 -acre site at the northeast corner of Miles and Warner Trail from RMD to PB-1, as described below.

Indian Wells Municipal Code Title 21, Zoning Code, Chapter 21.12, Establishment of Land Use Categories, Section 21.12.020, Land use categories, would be amended by Ordinance to include a Public Benefit zoning district, including objective development standards and development characteristics (Attachment 5). The Public Benefit zoning district would provide for the development of a limited range of uses providing public benefits, including affordable housing at 8–24 dwelling units/gross acre in the “Residential Areas” and other supporting public uses, such as public park, recreation, open space, and parking. Section

21.12.030, Land use matrix, would also be amended to include the Public Benefit zoning district within the Land Use Matrix Table (Attachment 5).

A new Chapter 21.3 7, Public Benefit Zone Development Standards , would be added to Title 21 of the Indian Wells Municipal Code to provide objective development and land use regulations within the Public Benefit Zone, including permitted uses, along with the specific development standards for the new PB-1 Zone, including maximum “Residential Area,” density, building setbacks and heights , residential design standards, and nonresidential development, parking, and landscaping standards (Attachment 5).

26529.00041\42254005.3

4 General Plan Land Use Element Revisions

The General Plan Land Use Element, including Table IIA-2. 2025 General Plan Land Use Buildout Estimate would be revised to include the new Public Benefit land-use description and associated acreage and development potential resulting from the General Plan Land Use and Zoning Map Amendment (Attachment 6). This will allow for implementation of the required rezoning program in the adopted Housing Element . The following land use description will be added to the General Plan Land Use Element for the new Public Benefit use:

Public Benefit: Space for the provision of uses that are beneficial to the public, including affordable housing and other public uses, such as public park, recreation, open space, and parking (Attachment 6).

The General Plan Land Use/Zoning Map (General Plan Figure IIA-3) would also be amended to remove the RMD land use/zoning designation from the 34 -acre site at the northeast corner of Miles and Warner Trail and apply the PB-1 Zone within the Civic land use designation on the map (Attachment 6).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The proposed General Plan Amendments and the Zone Text and Zone Map Amendments have been reviewed 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, determined that no new significant impacts or impacts more severe than those analyzed in the City’s certified General Plan Environmental Impact Report ( “PEIR”) would occur as a result of implementing the proposed updates to the City’s Zoning Code and Land Use Element. As none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of a Subsequent EIR or Negative Decl aration have occurred, an Addendum to the General Plan PEIR (SCH No. 94092037) has been prepared in compliance with CEQA (Attachment 7).

ATTACHMENTS:

1. PC Resolution No. 2024-03

2. Resolution

3. Ordinance

4. Vicinity Map

5. Redline-Strikeout Code Amendments

6. Redline-Strikeout GP Land Use Amendments

7. General Plan FEIR Addendum

Community Development Department
General Plan Amendment 2024-02
Zone Text Amendment 2024-01
Zone Map Amendment 2024-01
May 16, 2024
Presentation:May 16, 2024
City Council Meeting
Housing Element RHNA Requirement
➢ Shortfall Program: Provide up to 10-acres of space for affordable housing within the vacant 34-Acre Site at the northeast corner of Miles Avenue and Warner Trail.
➢ On April 4th, 2024 City Council Adopted its 6th Cycle Housing Element (2021-2029) ➢ City must accommodate 382 affordable housing units (RHNA) ➢ Housing Element Strategy to accommodate City’s RHNA
✓ Credits: Entitled/Under Construction Projects (252 Units) ✓ Strategy 1: Abode Communities Affordable Housing Project (100 Units) ✓ Strategy 2: Accessory Dwelling Units (ADUs) (24 Units) ✓ Strategy 3: Shortfall Program - Rezone Opportunity Site (128 Units) RHNA Site Inventory

RHNA Site Inventory

RHNA Site Inventory

Conservation Area Fence
Vicinity Map

Oblique North View
Oblique South View
Community Commercial
(CC Zone)
Sports Complex
(SPX Zone)
Resort Commercial
(RC Zone)
Residential
Medium Density
(RMD Zone)
RMD ZoneResidential
Very Low
Density
(RVLD Zone)
Public
Facilities
Zone

EXISTING ZONING
Community Commercial
(CC Zone)
Sports Complex
(SPX Zone)
Resort Commercial
(RC Zone)
Public Benefit
(PB-1 Zone)
RMD ZoneResidential
Very Low
Density
(RVLD Zone)
Public
Facilities
Zone

PROPOSED ZONING
Land Use Concept
8 -10 Acres
Residential use
(20-24 DU/AC)
17 Acres
Recreational Use
5 Acres
Parking
2 Acres
Open
Space
❖ New Public Benefit Zone Requires Amending the City’s Zoning Code ➢ Adding New Chapter 21.37
o Permitted Land Uses w/in Public Benefit Zones
✓ Affordable Housing (8 – 24 DU/AC)
✓ Supportive Public Uses (Park, Recreation, Open Space, Parking) ✓ Residential Design Standards (Aesthetic Design & Massing/Scale) o Specific Residential Development Standards for PB-1
✓ Maximum Residential Area (29% of Site ~ 10-Acres)
✓ Density (20 DU/AC Min - 24 DU/AC Max)
✓ Building Setbacks (Front: 15’; Side & Rear: 10’)
✓ Minimum Distance Between Structures (10-feet)
✓ Building Heights (35 feet Max)
Zoning Text Amendment 2024-01
➢ Amend Section 21.12.020, Land Use Categories
o Include the New Public Benefit Zoning District
➢ Amend Section 21.12.030, Land Use Matrix
o Include list of Permitted, Conditionally Permitted, and Prohibited Uses Conservation Area Fence
ZMA 2024-01
Conservation Area Fence
Proposed Zone
(PB - 1)
❖ Revisions to Land Use Element
➢ Amending Table IIA-2 to Include New Public Benefit Land Use by o Adding General Plan Land Use Buildout Estimates
✓ Residential Buildout of 34-Ac Site would be 238 Units (RMD or PB-1) General Plan Amendment 2024-02
➢ Amend Civic Land Use Description
o Include Public Benefit Land Use Category
✓ Defining Allowable Uses (Affordable Housing, Park, Open Space, Parking) ✓ Describing Allowable Density Between 8 – 24 DU/AC
➢ Amend Land Use Plan Figure IIA-3
o Include New Public Benefit (PB-1) Zone under the Civic Land Use Designation New PB – 1 Land Use
New PB – 1 Land Use
RECOMMENDED ACTIONS:

City Council OPENS the Public Hearing, takes any public testimony, CLOSES the Public Hearing; and:
➢ ADOPTS the Resolution adopting an Addendum to the City’s General Plan EIR in compliance with CEQA; approving General Plan Amendment no. 2024-02 amending the General Plan Land Use Element and Land Use Map to add a Public Benefit land use designation; and ➢ INTRODUCE the Ordinance adding, chapter 21.37 and amending sections 21.12.20 and

21.12.030 of the City’s Zoning Code and approving Zone Map Amendment 2024-01 to add a Public Benefit land use and zoning designation to the City’s Zoning Code; and ➢ DIRECT staff to file a Notice of Determination with the County Clerk and State Clearinghouse in support of the Addendum to the City’s General Plan EIR.

QUESTIONS?

Land Use Concept
(Plan View)
Warner Trail
Land Use Concept
(Oblique View)

Michael H. Leifer
Direct Dial: (949) 851-7294
E-mail: [email protected]
File No.: -
May 15, 2024
3 Park Plaza, Suite 19 50, Irvine, CA 92614- 2518
(949 ) 8
51 -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 Agenda Item H.4 Adopting Addendum to City's General Plan EIR, Amending General Plan to Add a Public Benefit Land Use and Amending the City's Zoning Code to Add a Public Benefit Zone Compliance 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 adoption of an Addendum to the City’s General Plan EIR, approving General Plan Amendment No. 2024-02 amending the General Plan Land Use Element and Land Use Map to add a Public Benefit land use designation and amending the City’s Zoning Code and Zone Map Amendment to add a Public Benefit land use and zoning designation.

These City actions are inextricably interrelated to, dependent upon and targeting 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 has 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.

The City’s actions are oppressive and improper. They constitute impermissible spot zoning that discriminate against LFT’s property from all surrounding properties. The City has made LFT’s property a zone of one on an arbitrary and irrational basis. “The essence of spot zoning is irrational discrimination.” (Avenida San Juan Partnership v. City of San Clemente (2011) 201 Cal.App.4th 1256, 1268 [holding City’s targeted zone of a singular property deprived owner of economic use subject the City to inverse condemnation liability even though some value remained].) Impermissible spot zoning such at this itself gives rise to liability under the City Council Meeting - May 16, 2024
Submitted Public Comment- Item H.4
City of Indian Wells City Council
May 15, 2024

California Constitution and the Fifth and Fourteenth Amendments of the United States Constitution which will entitle LFT to recovery of damages, attorney’s fees, expert fees and costs. (Avenida San Juan Partnership v. City of San Clemente, supra, 201 Cal.App.4th at pp. 1272, 1282.)
LFT reserves all rights to seek all appropriate relief in law or in equity.

Very truly yours,
M
ichael H. Leifer
cc: C
lient
RESOLUTION NO. PC 2024-03

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF INDIAN

WELLS, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2024-02 ADOPTING AN UPDATE TO

THE GENERAL PLAN LAND USE ELEMENT AND GENERAL PLAN LAND

USE/ZONING MAP AND, ADOPTING AN ORDINACE APPROVING ZONE TEXT AMENDMENT 2024-01 TO ADD NEW CHAPTER 21.37 AND AMEND SECTION(S) 21.12.020 AND 21.12.030 OF THE CITY’S ZONING CODE AND, ZONE MAP AMENDMENT 2024-01 TO ADD NEW PUBLIC BENEFIT LAND USE AND ZONING DESIGNATION TO CITY’S GENERAL PLAN AND ZONING CODE AND, ADOPTING AN ADDENDUM TO THE CITY’S GENERAL

PLAN ENVIRONMENTAL IMPACT REPORT IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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 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, on December 2, 2021, in accordance with Government Code section 65585(b)(1), the City submitted a Draft of the 2021–2029 Housing Element Update to HCD for their initial 60-day review, and received a findings letter from HCD indicating that revisions were necessary to be compliant with state Housing Law; and
WHEREAS, the City Council adopted, readopted and submitted subsequent drafts of the 2021–2029 Housing Element Update to HCD on June 13 2022, and July 6, 2023 responding to HCDs comment letters; and
WHEREAS, on November 15, 2023, in accordance with Government Code section 65585(b)(1), the City submitted the fourth subsequent draft 2021–2029 Housing Element Update (“subsequent draft Housing Element”) to HCD for a fourth 60-day review period; and WHEREAS, HCD issued a letter on December 12, 2023, finding that the subsequent draft Housing Element now meets the statutory requirements of the state Housing Element Law, and that the City must formally adopt the subsequent draft Housing Element and complete any necessary rezoning to accommodate the City’s RHNA, prior to HCD certification of the City’s 2021- 2029 Housing Element; and
26529.00041\42048303.1
ATTACHMENT #1

City of Indian Wells Resolution No. PC 2024-03 Page 2 WHEREAS, on April 4, 2024, the City Council of the City of Indian Wells held a duly noticed public hearing and readopted the 2021–2029 Housing Element; and WHEREAS, the City’s readopted 2021-2029 Housing Element includes Program 3 (Production of New Housing Units [Shortfall Program]) to rezone between 8 to 10 acres of the approximate 34 acre vacant site at the northeast corner of Miles Avenue and Warner Trail (APN: 633-360-002) to address the City’s lower income RHNA shortfall; and WHEREAS, the required rezoning program involves text amendments to the General Plan Land Use Element and Zoning Code to establish a new “Public Benefit” land use designation and zoning district, and amendments to the City’s General Plan Land Use/Zoning Map to accommodate the City’s RHNA; and WHEREAS, the City’s readopted 2021-2029 Housing Element cannot be found by HCD to be in substantial compliance until the City has completed the necessary rezoning program as described in Program 3 of the readopted Housing Element; and WHEREAS, the City has determined that the amendments to the Land Use Element and Zoning Code would not result in any new significant environmental impacts or a substantial increase in the severity of previously identified significant environmental impacts and has therefore prepared an Addendum to the General Plan Program Environmental Impact Report (PEIR) pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164; and WHEREAS, notice of a public hearing of the Planning Commission of the City to consider the rezoning program was given in accordance with applicable law; and WHEREAS, on April 25, 2024, the Planning Commission held a duly noticed public hearing on the rezoning program; 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 April 25, 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 21.06.015 of the City of Indian Wells Zoning Code, the following findings for approving General Plan Amendment No. 2024-02 are made: 1. The proposed General Plan Amendment is internally consistent with the General Plan:FACT: The amendment will replace the current Residential Medium Density (“RMD”)land use designation for the site with a new Public Benefit land use designation. Theamendment is internally consistent with the goals and objectives, and policies of theGeneral Plan, including the Land Use Element and the adopted Housing Element. Theadopted Housing Element identifies the availability of adequate sites to accommodatethe City’s share of the Regional Housing Need on sites that have been previously26529.00041\42048303.1

City of Indian Wells Resolution No. PC 2024-03 Page 3 identified for residential development, consistent with the City’s Land Use Element. A candidate site (APN: 633-360-002) has been identified in Program 3 of the adopted Housing for a future General Plan Amendment and Development Code Amendment to establish residential densities consistent with those identified in the Housing Element Update for the subject property. The City’s formal adoption of General Plan Amendment 2024-02 will result in implementation of this Housing Element program to help satisfy the City’s lower income RHNA. 2. The proposed General Plan Amendment will not be detrimental to the public interest,health, safety, convenience, or welfare of the City:FACT: Designating the new Public Benefit land use at the site will facilitate lower incomehousing opportunities within the City which will directly benefit citizens with a wide rangeof economic backgrounds, including workforce housing, disadvantaged groups, andthose with special housing needs. The allowable park, recreation, and open spaceamenities will promote health, safety, convenience and the general welfare for residentsand visitors.3. The proposed General Plan Amendment will maintain the appropriate balance of landuses within the City:FACT: The affordable housing, park, recreation and opens space uses allowed withinthe Public Benefit zone will provide a greater diversity of housing types, such asmultifamily, condominiums, and townhomes, while allowing for greater recreationalopportunities at the site as compared to the existing RMD land use designation. This willallow both younger and older generations of Indian Wells’ residents to remain in thecommunity while attracting a broader economic base of residents to the City. Theamendment will protect and enhance established neighborhoods while helping the Cityevolve into a more integrated, walkable, and cohesive community.4. In case of an amendment to the General Plan Land Use Plan (i.e., Map), the subjectparcel(s) is physically suitable (including, but not limited to access, provision of utilities,compatibility with adjoining land uses, and absence of physical constraints) for therequested land use designation(s) and the anticipated land use developments(s).FACT: The Project does not propose site-specific development; rather, it involvesamendments to the General Plan Land Use Element, Zoning Code, and General PlanLand Use/Zoning Map to implement the required rezoning program to accommodate theCity’s RHNA. The parcel proposed for amendments under the Project (APN 633-360-002) is designated Medium Density Residential, allowing for the development of up to238 residential dwelling units. Similarly, the Project’s proposed PB-1 designation wouldallow for the development of up to 238 units. The parcel is bounded by Warner Trail,followed by single-family residential uses to the west; institutional uses (Gerald R. FordElementary School) to the north; the Indian Wells Tennis Garden to the east; and MilesAvenue, followed by the Whitewater River flood control channel to the south. The areasurrounding the site is generally developed and served by existing roadways andutilities. Future residential development of the site would be consistent with the landuse and zoning of adjacent properties and would be a continuation of existing useswithin the surrounding area. Implementation of the Project would not physically dividean established community, as residential development has been anticipated within this26529.00041\42048303.1

City of Indian Wells Resolution No. PC 2024-03 Page 4 area and would be evaluated at the project level for consistency with the City’s General Plan goals and policies. SECTION 3. In accordance with Section 21.06.020 of the City of Indian Wells Zoning Code, the following findings for approving the Zone Change are made: 1. The proposed Zone Change is consistent with the City of Indian Wells General Plan,or any amendment approved concurrently with the Zone Change:FACT: The General Plan’s adopted 2021-2029 Housing Element includes Program 3(Production of New Housing Units [Shortfall Program]) to rezone a site of at least 8 acresto address the City’s lower income RHNA shortfall. The proposed Zone Change andassociated GPA will amend Indian Wells Municipal Code Title 21, Zoning Code, and theGeneral Plan Land Use/Zoning Map to include a new Public Benefit land use zoning districtwithin the approximate 34 acre vacant site at the northeast corner of Miles Avenue andWarner Trail (APN: 633-360-002). The new Public Benefit zoning district will allowresidential development up to 24 dwelling units per acre over an 8-10 acre portion of thesite to help fulfill the city’s RHNA shortfall. Implementation of the proposed rezoningprogram is consistent with and furthers identified housing goals within the General Plan’sadopted Housing Element.2. The proposed Zone Change is consistent with the intent and objectives of this ZoningCode:FACT: Indian Wells Zoning Code Title 21, Chapter 21.12, Establishment of Land UseCategories, Section 21.12.020, Land use categories, will be amended to include a PublicBenefit zoning district, including development standards and development characteristicsfor a limited range of uses providing public benefits, including affordable housing up to24 dwelling units per acre, and supporting uses, such as public park, recreation, openspace, and parking. Based on the maximum density of 7.0 dwelling units per acre underthe site’s existing Medium Density Residential zoning, the 34 acre site could be developedwith a maximum of 238 dwelling units. The proposed Zone Change to the Public Benefitzone would also allow for a maximum density of 238 units but focused within a 10 acreportion of the 34 acre site. The remainder of the site would be available for park,recreation, open space and parking uses, which are established uses in the Zoning Code.Therefore, the existing and proposed zoning for the site would be consistent with thetypes of use and maximum density currently allowed at the site.3. The proposed Zone Change is consistent with any applicable area Master DevelopmentPlan or Specific Plan:FACT: The Subject Property for the proposed Zone Change consists of a vacant 34 acresite which has never been developed and is not part of a Master Development Plan orSpecific Plan area. The Zone Change would simply facilitate future development of theCity’s lower income RHNA along with supporting park, recreation, open space, andparking uses.4. The proposed Zone Change is in the best interests of the health, safety and welfare ofthe community:26529.00041\42048303.1

City of Indian Wells Resolution No. PC 2024-03 Page 5 FACT: By its very nature, the new Public Benefit Zone is intended to benefit the city’s residents and surrounding community. The lower income housing opportunities within the site will attract a wide range of residents from different economic backgrounds, including workforce housing, disadvantaged groups, and those with special housing needs. The allowable park, recreation, and open space amenities will promote health, safety, convenience and the general welfare for residents and visitors. 5. Adequate sewer and water lines, utilities, sewage treatment capacity, drainage facilities,police protection, fire protection/emergency medical care, vehicular circulation andschool facilities will be available to serve the area affected by the proposed Zone Changewhen development occurs:FACT: The Subject Property is bound by an existing single family neighborhood to thewest, the Gerald Ford Elementary School a short distance north, the Indian WellsTennis Garden to the east and vacant land abutting the Whitewater River drainagechannel to the south. These areas are served by existing utility infrastructure whichwill be routinely extended onto the site as future development is planned. The ZoneChange will not result in exceeding the maximum residential density analyzed for thesite under the General Plan EIR, which determined adequate utility and servicecapacities can be maintained with buildout of the General Plan.SECTION 4. The Planning Commission recommends the City Council Adopt an Addendum to the General Plan Environmental Impact Report (SCH No. 94092037) pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164, considering the amendments to the Land Use Element and Zoning Code would not result in any new significant environmental impacts or a substantial increase in the severity of previously identified significant environmental impacts in the General Plan EIR. SECTION 5. The Planning Commission ADOPTS Resolution No. PC 2024-03 recommending the City Council approve General Plan Amendment No. 2024-02 adopting an update to the General Plan Land Use Element and General Plan Land Use/Zoning Map attached hereto as Exhibit “A” and incorporated herein by reference, and adopting an Ordinance approving Zone Text Amendment 2024-01 to add new Chapter 21.37 an amend Section(s) 21.12.020 and 21.12.030 of the City’s Zoning Code and Zone Map Amendment 2024-01, attached hereto as Exhibit “B” and incorporated herein by reference. SECTION 6. The City Manager or his designee is authorized to make minor modifications to General Plan No. 2024-02 and/or Zone Text Amendment 2024-01 to address comments provided by HCD, provided that the modifications would not exceed the total amount of development accommodated by the rezoning program prior to revisions and would not result in new actions by the City that would require a commitment of $20,000 or greater. SECTION 7. The Community Development Director shall transmit this recommendation to the City Council, and the Planning Commission recommends that General Plan Amendment No.2024-02, Zone Text Amendment No. 2024-01, and Zone Map Amendment No. 2024-01 be scheduled for a public hearing before the City Council. 26529.00041\42048303.1

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______________________________ ____________________________ City of Indian Wells Resolution No. PC 2024-03 Page 6 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Indian Wells, California, at a regular meeting held on this 25th day of April 2024. NICHOLAS CONWAY CHAIR CERTIFICATION FOR RESOLUTION NO. PC 2024-03 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 25thday of April 2024 by the following vote: AYES: NOES: ATTEST: APPROVED AS TO FORM: JON BERG CRAIG HAYES for COMMUNITY DEVELOPMENT DIRECTOR CITY ATTORNEY 26529.00041\42048303.1

City of Indian Wells Resolution No. PC 2024-03 Page 7 EXHIBIT “A” GENERAL PLAN AMENDMENT NO. 2024-02 26529.00041\42048303.1

II. Community Development IIA. Land Use The City of Indian Wells General Plan Land Use Element, Chapter II, is hereby amended to read in its entirety as follows: Chapter II: Community Development IIA. LAND USE Introduction and Authority A community's quality of life is most often perceived in terms of the physical development of the land and its setting within the environmental surroundings. Aesthetically pleasing buildings, within well organized and properly distributed developments, help exemplify a community's values. The regulation of land usage, distribution, and intensity is within the domain of the General Plan. The Land Use Element specifically identifies these items, in both text and map format. Because of this, the Land Use Element of a general plan is typically the most recognized and referenced element. The City of Indian Wells originally incorporated in order to control development, preserve the quality of life, and protect the City from the increasing pressures of surrounding communities. The quality of life in Indian Wells is quite unique and is defined by its environmental beauty, low-scale development pattern, and world class resorts. The City recognizes that unwarranted encroachment into any of these factors potentially jeopardizes the community's lifestyle. California Government Code Section 65302(a) states, "The general plan shall include a land use element which designates the proposed general distribution and general location and extent of the use of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public building and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land." Land use designations, goals, and policies identified in this Element are intended to promote orderly development and economic vitality with community character, historical identity, and the stewardship of natural resources. The Land Use Element is consistent with all other elements of the General Plan and is based on community values and goals. City of Indian Well IIA-1 General Plan

II. Community Development IIA. Land Use Organization of the Element This Element is organized in a manner that facilitates clear understanding of the land use conditions in Indian Wells, and the direction for future development in the form of goals and policies. Existing land use conditions are discussed, followed by a description of the land use program, including text and maps. The description of the plan is supported in the goals and policies section. Policy statements are identified to provide specific directions for Indian Wells to achieve the quality of life the residents expect. The final section of this Element addresses various mechanisms the City is authorized to utilize in order to implement the land use policies. Summary of Existing Conditions The purpose of this section is to generally describe the City's land use conditions, infrastructure, community services, and fiscal plan as they existed at the time of the Element's update in 2006. Existing Development Pattern Indian Wells is characterized by beautiful golf courses, private communities, world-renowned resorts, and beautiful surroundings. The residents of the City have successfully maintained their high quality of life through prudent use of land use controls. The City currently has many mechanisms to ensure quality development, including but not limited to: the General Plan, Architecture and Landscape Design Standards, the Zoning Code, and private community Covenants, Conditions, and Restrictions (CC&Rs). Overall, developed land areas within the Indian Wells General Plan Area encompass approximately 9,348 acres, accounting for 97 percent of the total Plan Area. The majority of the undeveloped land is open space, which includes private open space in golf course residential communities and the steep terrain of the Santa Rosa Mountains in the southern part of the City. The largest areas of vacant, but potentially developable lands, are located at the intersection of Miles Avenue and Washington Street adjacent to the Indian Wells Tennis Garden and the intersection of Miles Avenue and Highway 111. Other non-developed lands include golf courses, The Living Desert, and drainage channels. City of Indian Well IIA-2 General Plan

II. Community Development IIA. Land Use Approximately 20 percent of all developed lands are residential (not including the private open space area associated with the residential development. (1980.5 acres). All single-family residential uses, with few exceptions, are single story. Three story multi-unit structures are located within the Vintage Club community and two-story multi-unit structures are found in the easternmost area of the City, south of Highway 111, in the Racquet Club HOA community. Non-residential uses include mixed-use retail and office commercial centers and hotel resorts. Four commercial centers are located on the north and south sides of Highway 111, west of Cook Street. Additional small-scale commercial developments are located along Highway 111, including a center south of the Highway, on the east side of Club Drive and an office on the southwest corner of Highway 111 and Manitou Drive. The resorts are located on the north and south sides of Highway 111, in the central part of the City. The retail and office developments west of Cook Street are one and two stories in height, while the Renaissance Esmeralda Resort, the tallest structure in the City, is seven stories. The remaining vacant land in the City, approximately 278.7 acres, is shown in Figure IIA-1. Land Use Inventory Existing Land UsesA comprehensive land use inventory of all land areas in Indian Wells was conducted in June, 2005- October 2006. The inventory was completed utilizing City base maps, aerial photos and a visual survey of the General Plan Area. Land uses, as existed in June, 2005-October 2006, are shown in Figure IIA-1. Land area estimates, by land use type, are identified in Table IIA-1. Redevelopment Areas The City of Indian Wells is strongly committed to redevelopment activities. Currently, the City has one redevelopment project areas; the Consolidated Whitewater Redevelopment Project Area. The Redevelopment Project Areas is shown in Figure IIA 1. City of Indian Well IIA-3 General Plan

II. Community Development IIA. Land Use Infrastructure and Community Services The development of land is highly correlated with the ability to provide sites with public infrastructure and services. Adequate distribution systems, along with sufficient human and natural resources, are necessary ingredients to the successful provision of urban services. The following section provides summary background information on the provision of public services and facilities to the City of Indian Wells. Water Water for domestic use, fire flow, agriculture, and irrigation is provided to Indian Wells by the Coachella Valley Water District (CVWD). The District currently encompasses approximately 1,000 square miles. Indian Wells is located within the 400-square mile Whitewater River Subbasin, which includes areas one mile west of the junction of Highway 111 and Interstate 10 to the Salton Sea, 70 miles to the southeast. The Whitewater River Subbasin is further divided into subareas, with Indian Wells located in the Upper Thermal Subarea. Water Facilities The major east to west CVWD water lines are located in Highway 111, Fred Waring Drive, Fairway Drive, and north of the Whitewater River flood control channel in Miles Avenue. North to south lines are located in Cook Street, Eldorado Drive, Indian Wells Lane, and Elkhorn Trail. A booster pump station is located in the Vintage Club. The City also includes private wells, such as wells located in golf courses for the purpose of watering the facility. Reclaimed Water CVWD encourages plans to expand programs for reclamation and reuse of water resources in accordance with California Department of Health Water Quality Guidelines. Reclaimed water is presently available from the CVWD's Plant No. 10, located northerly of the Whitewater River Channel and easterly of Cook Street. Toscana Country Club signed a contract in September 2004 to use recycled water on its two 18-hole golf courses. City of Indian Well IIA-4 General Plan

II. Community Development IIA. Land Use
City of Indian Well IIA-5 General Plan

II. Community Development IIA. Land Use Table IIA-1. 2006 Existing Land Uses Land Use Type Acreage % of Total* No. of Units Residential 1,980.5 20.5 4,807** Commercia, Office, SportsComplex 244.0 2.5 * Open Space,Parks, Natural Preserve, Gold Course, Recreation Overlay 6,190.6 64.3 * Public Facilities 27.4 0.2 * Watercourses, Drainage Channels 316.2 3.2 * Streets 589.3 6.1 * Vacant Land 278.7 2.8 * TOTAL 9,626.7 100.0 4,807 Source: MBA/EPC GIS Data Base and Survey. Riverside County GIS. * Percentages rounded to equal 100. * *Includes detached and attached housing units per CA. Dept. of Finance, 1/1/2006 City of Indian Well IIA-6 General Plan

II. Community Development IIA. Land Use
City of Indian Well IIA-7 General Plan

II. Community Development IIA. Land Use Wastewater Service Indian Wells' sewer services are provided by the Coachella Valley Water District (CVWD). Effluent is transported via sewer lines to the Palm Desert treatment facilities located off Cook Street, northwest of the City limits. The District’s three major wastewater reclamation plants each have an ultimate capacity of handling 20 million gallons of effluent a day. The largest of the three, The Palm Desert Regional Wastewater Reclamation Plant, serves Indian Wells. Tertiary, or third stage facilities at this plant allow the District to provide water to serve several area golf courses, including Toscana Country Club. To handle growth, capacity is being increased at the District’s regional plant in Palm Desert. Improvements include construction of a 15 million dollar, 24 million gallons per day sludge handling plant to be completed in mid-2007. Gas Natural gas is currently supplied by the Southern California Gas Company. Presently, 6-inch high-pressure supply lines are located in Highway 111 and Cook Street. Electrical Distribution The City of Indian Wells receives electrical service primarily from Southern California Edison Company (SCE). A small portion of the eastern area of the City is served by the Imperial Irrigation District (IID). Southern California Edison's major transmission circuits are located one mile north of the City on Country Club Drive. An electrical substation is located north of Fred Waring Drive, within the City limits. Solid Waste/LandfillsIndian Wells contracts with Burrtec Waste and Recycling Services for solid waste collection services. Solid waste generated in the area is taken to the Edom Hill transfer station and then delivered to either the El Sobrante Land Canyon or Badlands solid waste landfill. Burrtec Waste and Recycling Services provides solid waste recycling programs. The programs include recycling grass clippings and other landscape materials into compost for reuse as fertilizer, as well as backyard pick-up service for newspapers, glass, plastic, tin, and aluminum from residential City of Indian Well IIA-8 General Plan

II. Community Development IIA. Land Use areas. Commercial recycling includes the above materials plus cardboard and green waste. Educational Facilities Desert Sands Unified School District The City of Indian Wells is part of the Desert Sands Unified School District (DSUSD). Gerald Ford elementary school is the only school in the City and is located at the intersection of Fred Waring Drive and Warner Trail. Palm Desert middle school and Palm Desert high school are located near the City. Development Fees The Desert Sands Unified School District bases its fees upon the conclusions in the Residential Development School Fee Justification Study 2005. The Desert Community College District The Desert Community College District, known as the College of the Desert (COD), covers 5,479 square miles. It encompasses five K-12 districts and portions of three counties: Riverside, San Bernardino, and Imperial. The District has three educational facilities with the closest campus to Indian Wells located in Palm Desert. The other sites are the Copper Mountain Campus in Joshua Tree and the Eastern Valley Center in Indio. Additional College Opportunities Indian Wells is served by universities and colleges in other cities and counties. The nearest university is the California State University, San Bernardino's Palm Desert campus on which the Indian Wells Center for Educational Excellence and Indian Wells Theater are located. University of California, Riverside (UCR) also has a satellite campus located in Palm Desert. Major universities in Los Angeles, Riverside, and San Diego provide expanded opportunities. Private colleges and vocational schools are also provided in nearby communities. Libraries Four branches of the Riverside Public Library/Riverside County Free Library system are located near Indian Wells. Two branches are in Palm Desert, one branch is in Indio, and one branch is in La Quinta. The City of Indian Wells presently participates in the Riverside County Free Library System. In addition, the City of Indian Wells is also part of the Rancho Mirage Public Library. City of Indian Well IIA-9 General Plan

II. Community Development IIA. Land Use Civic Center Located on the northeast corner of the Highway 111 and Eldorado Drive intersection, the Civic Center Complex houses City Hall, a Riverside County Sheriff substation, and Riverside County Fire Station No. 55. A stand of date palms is preserved in front of City Hall, and was dedicated as the City's first park, Indian Wells Date Palm Preserve. City Hall is proposed to be expanded in its present location over the next 5 years. Hospitals and Health Care ServicesBoth the private and public sectors are involved in the planning of health facilities. Within the Coachella Valley, several private facilities serve Indian Wells' residents. Eisenhower Medical Center in Rancho Mirage, Desert Regional Medical Center in Palm Springs, and John F. Kennedy Memorial Hospital in Indio provide the most extensive service at the local level. The Eisenhower Urgent Care Center is located in the City of Indian Wells within the Wall Street West Complex and provides non-emergency health care services to the community. In addition to the privately-owned facilities, the Riverside County Health Department operates various health programs. Most of the continuing community personal health and mental health services for the desert area are located in County facilities in Indio. Police Protection Police protection is provided by the Riverside County Sheriff's Department under contract with the City. A Sheriff's substation is located in the Civic Center Complex. The Sheriff's Department provides protective response, investigatory, and patrol services. As part of the City's contract with the Sheriff's Department, a Community Services Officer is assigned to patrol the City on a 24-hour basis. In addition to police protection services provided by the Sheriff's Department, most private, gated communities have private, internal security services for their residents. These forces work in conjunction with the Sheriff's Department. Fire Protection, Paramedic/Ambulance ServicesThe City of Indian Wells provides fire protection and paramedic services in Indian Wells under contract with Riverside County. Station No. 55 is located within the Civic Center Complex. The paramedic unit is housed in the fire City of Indian Well IIA-10 General Plan

II. Community Development IIA. Land Use station and provides no-cost treatment and emergency transportation for City residents. Flood Protection The desert region is subject to intense storms which result in sudden and substantial runoff and flash flooding. The City of Indian Wells has two major flood control channels. The Whitewater River and Deep Canyon flood control channels generally run west to east north of Highway 111 and south of Highway 111, respectively. The City's Floodplain Management Ordinance specifies construction standards for all areas of special flood hazard. All new construction and improvements are required to be constructed using methods and practices that minimize flood damage and provide adequate drainage. The Flood Zones map (Figure IVA-3), along with additional detail regarding flood hazards, is found in the Community Safety Element. Economic Conditions Cities utilize Capital Improvement Programs (CIP) to chart how they will achieve revenues and pay for capital improvements. The CIP is a five-year program, revised annually. Capital Improvement Programs are implementation tools for the General Plan. Capital Improvement ProgramThe City of Indian Wells is currently operating within a Capital Improvement Program for fiscal years 2004-05 through 2008-09. The 2004-2009 CIP identifies a total of 44 capital projects, costing an estimated $134,288,775. Capital projects are organized into functional groups, including: Streets & Highway, Traffic Safety, Government Buildings, Parks & Landscaping, Golf Course Improvements, Drainage & Improvements, and Miscellaneous Improvements. Revenues to pay for the capital projects are provided by the Capital Improvement Fund, Measure “A” Transportation Fund, Citywide Public Improvement Fund, Art in Public Places Fund, RDA Whitewater Capital Improvement Fund, Golf Resort Improvement Fund, and the Low/Moderate Housing Fund, and Transportation Uniform Mitigation Fees (TUMF). City of Indian Well IIA-11 General Plan

II. Community Development IIA. Land Use Description of the Land Use Plan The remaining sections of this Element describe the Land Use Plan for the City of Indian Wells. The Land Use Plan is composed of both descriptive text and an illustrative map. The text discusses the long-term development vision of the City, including land use designations and buildout assumptions. The Land Use Plan map identifies the location and distribution of the land uses as shown in Figure IIA-3. The text and map are supported by land use goals and policies. Land Use Plan Indian Wells is a unique desert community that intends to remain the premier residential/resort city in the Coachella Valley. The residential quality of life is the City's primary concern. The Land Use Plan, therefore, strives to maintain and preserve the existing residential nature of the City. The quality of life will be maintained by a balance of lower intensity residential densities with site development and environmental quality standards. Additional development opportunities are provided for near the intersection of Miles Avenue and Washington Street adjacent to the Indian Wells Tennis Garden and the intersection of Miles Avenue and Highway 111. The predominantly residential character of the community will continue to be supported through revenues from the resort industry. The City has positioned itself, however, to diversify its revenue base by designating significant portions of the area around the Indian Wells Tennis Garden as Resort Commercial. City of Indian Well IIA-12 General Plan

II. Community Development IIA. Land Use
City of Indian Well IIA-13 General Plan

II. Community Development IIA. Land Use Based on the Land Use Plan map, Figure IIA-3, full buildout within the current City limits could increase from 4,807 residential units to 5,635 residential units. The City's population would increase to an estimate of 10,802 persons factoring in a vacancy rate of 0 percent. However, the City has a historical vacancy rate of approximately 48% reflecting the seasonal nature of the population, therefore, the adjusted buildout population is approximately 5,185 (Note. The California Department of Finance uses the 48% vacancy rate in determining the City’s “official” population). The buildout statistics are based on full development of all vacant lands. Land Use Plan buildout potentials and assumptions are shown in Table IIA-2. Existing demographics, including housing and population characteristics, are discussed in detail in the Housing Element.

City of Indian Well IIA-14 General Plan

II. Community Development IIA. Land Use Table IIA-2. 2025 General Plan Land Use Buildout Estimate Land Use Designation Acres Units (1) or Floor Area Ratio (FAR) Sq. Ft. (2) Residential Very Low Density (1.0-3.0 du/ac) 1,921.7 4,341 Low Density (3.1-4.5 du/ac) 138.4 534 Medium Density (4.6-7.0 du/ac) 51.42 322 Medium High Density (7.1-12.0 du/ac) 18.7 195 Residential Subtotal 2,130.22 5,392 Commercial Professional Office 9.3 FAR 0.5 202,554 Resort Commercial 151.2 No FAR 1,561,313 Sports Complex 90.7 No FAR 4,404,392 Community Commercial 87.8 FAR 0.75 3,824,568 Commercial Subtotal 339.0 9,992,827 Open Space Golf Course Recreation Overlay 1,520.4 Public Park 6.0 Open Space 4,465.7 Natural Preserve 198.5 5(3) Watercourse 613.2 Open Space Subtotal 6,506.8 Civic/Other Public Facility 27.4 Public Benefit (4) (8.0-24.0 du/ac) 33.98 238 Streets 589.3 Civic/Other Subtotal 650.68 238 Totals 9,626.7 5,635 9,992,827 Estimated Population (no vacancy rate included) 10,802 Estimated Population with vacancy rate perCalifornia Dept. of Finance) 5,185 Source: MBA/EPC GIS (1) Based on acres per category times actual density of category as calculated by GIS (2) Assumes FAR unless otherwise noted in Table. (3) General Plan allows 1/du per 40 acres in Natural Preserve Area. (4) residential uses are restricted to "Residential Areas" as defined by the applicable Public Benefit zoning district. City of Indian Well IIA-15 General Plan

II. Community Development IIA. Land Use Land Use Plan buildout potentials are required to identify the full buildout of all designated lands in the Plan Area for environmental analysis purposes. Because of this, projections are usually higher than actual buildouts. Buildout also includes existing developed areas that may currently be built at lower densities than permitted by the designation, which also inflates the buildout figures. Land Use DesignationsThe land use designations described in this section establish the type and intensity of future development, as identified in the Land Use Plan map and buildout table. Residential The Plan provides for residential densities which range from one dwelling unit per 40 gross acres to twelve dwelling units per gross acre. It should be noted that the upper end of each density range is not guaranteed, but rather represents the potential density that could be achieved after specified performance standards are met. To maintain the City's existing low density residential character, the majority of the residentially designated lands are identified as Very Low Density (1.0-3.0 du/ac). The following criteria will be used to determine maximum residential density within each density range: compatibility with surrounding land uses; floodplain protection; adequacy of public infrastructure, including water, sewer, gas, and electricity; proximity to health care facilities, commercial areas, and other services; provision of neighborhood-serving open space and recreation; access and proximity to major streets; preservation of natural resources and vegetation; and mitigation of negative environmental impacts such as noise, traffic, and light and glare. City of Indian Well IIA-16 General Plan

II. Community Development IIA. Land Use Residential Designations Very Low Density (1.0-3.0 du/ac): Single family detached homes on lots a minimum of 12,000 square feet (sq. ft.). Low Density (3.1-4.5 du/ac): Single family detached homes on lots a minimum of 8,500 sq. ft. Medium Density (4.6-7.0 du/ac): Single family detached homes, cluster developments, and attached units. Medium High Density (7.1-12.0 du/ac): Attached dwelling units such as townhouses, condominiums, and congregate care for seniors. Commercial The resorts will continue to be the primary commercial use in the City. A significant portion of the area surrounding the Indian Wells Tennis Garden is designated as Resort Commercial which would allow both retail and office uses. The Land Use Plan also identifies 9.3 acres designated for Professional Office development. Commercial Designations Community Commercial (FAR 0.75): Attractively designed retail, office, and shopping areas. Uses may include retail shops, offices, restaurants, personal service shops, grocery stores, movie theaters, hotels and resort complexes, and similar uses. Resort Commercial (No FAR Restriction): Attractively designed hotel and resort complexes. The developments will have quality architectural design and extensive landscaping. Parking areas will be screened from public streets with landscaping, buffer areas, or decorative walls. Uses include hotels as the primary use with ancillary tourist commercial uses that may include restaurants, related convention facilities, and supporting retail and personal services. Professional Office (FAR 0.50): Attractively designed professional offices that are compatible with surrounding neighborhoods and adjacent areas. Developments will be a maximum of two stories in height and will have extensive landscaping. Parking areas will be screened from public streets with landscaping, buffer areas, or decorative walls. City of Indian Well IIA-17 General Plan

II. Community Development IIA. Land Use Typical uses would include administrative and professional offices, medical and dental offices, and financial institutions. Civic This designation includes two categories: Public Facility and Public Benefit. As public facilities follow, rather than lead development, new areas for public facilities will be designated as development occurs. The uses within this category, however, include utility agency substations, the Gerald Ford Elementary School, and City Hall. Uses that provide a public benefit will also be identified and located as appropriate on the land use map. Civic Designation Public Facility: Facilities such as the Civic Center, police and fire stations, public utilities, schools and other governmental or public facilities, such as auditoriums, museums, and libraries. Public Benefit (8.0-24.0 du/ac): Space for the provision of uses that are beneficial to the public, including affordable housing and supporting uses, such as public park, recreation, open space, and parking. Open Space and RecreationThe Open Space and Recreation category encompasses six designations, as described below. The designations are intended to provide a range of public and private open spaces and recreational areas for enjoyment and safety of the residents. The Watercourse designation, particularly, is applied to areas subject to flood hazard within the 100-year floodplain. Floodplain areas include the City's two flood control channels and an area of unimproved floodway in the Deep Canyon area. Open Space and Recreation Designations Public Parks: Publicly owned parkland which is dedicated or reserved for passive recreational use by the public. Golf and Recreation: Public and private golf courses and tennis facilities. Open Space: Privately and publicly owned lands maintained in a natural state. Development in these areas is subject to the Hillside Management Plan. City of Indian Well IIA-18 General Plan

II. Community Development IIA. Land Use Natural Preserve (1.0 du/40 gross ac): Privately owned lands with limited residential development permitted subject to the restrictions of the Hillside Management Plan (HMP), consistent with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). Sports Complex: Publicly and privately owned land and improvements to accommodate professional or amateur sporting events. This includes the Indian Wells Tennis garden and related facilities. Watercourse: Includes the Whitewater River and Deep Canyon flood control channels and other areas subject to flood hazard. Federal standards prohibit development in the floodway. Some Watercourse areas, however, are used for golfing. The 100-year and 500-year flood zones are depicted in the Community Safety Element, Figure IVA-3. Goals and Policies The land use goals and policies identified in this section translate the City's long-range vision into public policy. The policies will be used on a daily basis to evaluate development proposals and guide City-wide decisions. The section is organized by goals and policies pertaining to Land Development, City Image, Orderly Growth, and Economic Development. Land Development Goal IIA1 Development which maintains the City's quality residential and resort character, with adequate provisions for the housing needs of all economic segments of the community. Residential Policies IIA1.1 Require multifamily structures located adjacent to single-family parcels to incorporate adequate screening into project design to prevent view intrusion. IIA1.2 Assist in the development of adequate housing to meet the needs of very low, low, and moderate income households through implementation of the Housing Program set forth in the Housing Element. City of Indian Well IIA-19 General Plan

II. Community Development IIA. Land Use IIA1.3 Encourage clustering of residential uses to minimize impacts from noise, flooding, slope instability, and other environmental hazards, or to achieve other desirable City objectives. Clustering of units on smaller than identified lot sizes may be approved in all residential categories, except within the Very Low Density designation. Clustering in the Very Low Density designation can only occur if a specific plan or master plan is approved by the City Council, in accordance with the procedures established in the Zoning Code. IIA1.4 Prohibit residential development in areas of greater than 65 Community Noise Equivalent Level (CNEL) unless effective mitigation measures can be incorporated into project designs to reduce noise levels to 65 CNEL in outdoor activity areas and 45 CNEL in indoor areas. IIA1.5 All residential developments are subject to the density and lot size requirements established in the General Plan (unless clustering is utilized). Residential development must also comply with any adopted regulations, such as but not limited to, design guidelines, environmental mitigation measures, and impact fees. Commercial Policies IIA1.6 Encourage new commercial development that relates to the City's resort industry. IIA1.7 Commercial developments shall be located and designed to minimize the impact on traffic circulation and residential land uses. IIA1.8 Require physical separation (i.e., setbacks or barriers) where commercial development abuts residential development, and where land uses abut major arterial highways. IIA1.9 All commercial development shall be consistent with the requirements of the General Plan, including use types and must comply with any applicable Use Permit conditions, design guidelines, impact fees, or other development-related requirements for a particular site. General Development Policies IIA1.10 Assist in the consolidation of contiguous smaller parcels for development purposes. City of Indian Well IIA-20 General Plan

II. Community Development IIA. Land Use IIA1.11 The following types of development shall be prohibited in Indian Wells: Linear or "Strip" Commercial Development Heavy Polluting Industry Billboards IIA1.12 Require development to utilize low intensity lighting and/or screening to minimize light spillover and glare. IIA1.13 Require all new development proposals to provide evidence of land use compatibility with current and future land uses. IIA1.14 Require sufficient areas of open space in all new development projects. IIA1.15 All development projects will provide sufficient off-street parking to adequately serve the projected vehicles generated by the land use. IIA1.16 Permit the use of solar panels to maximize energy efficiency provided the panels are screened from public view in accordance with the City's design guidelines. IIA1.17 Require the installation of water conservation devices in new development pursuant to the Uniform Building, Mechanical, and Electrical Codes. IIA1.18 (1) The City will encourage green building design which could include conserving non-renewable energy and non-renewable materials. promoting water efficient landscaping and other methods to support environmental conservation and to assist in the concerns of global warming. (2) The City will provide public information on Sustainable Development Practices which will assist in acceptable levels of global resource depletion and environmental pollution. City Image Goal IIA2 Maintain the City of Indian Wells as a beautiful and aesthetically pleasing community. City of Indian Well IIA-21 General Plan

II. Community Development IIA. Land Use Public Improvement Policies IIA2.1 Continue the Art in Public Places program, including the identification of funding sources and potential sites for public art display. The program may include, but is not limited to, City entry monumentation, streetscape treatments (including street signs), and other public area improvements. Private Development Policies IIA2.2 Encourage development which capitalizes on the area’s natural environmental setting and preserves views of scenic hillside areas. IIA2.3 Regulate building height to avoid obtrusive breaks in the natural skyline and to be responsive to surrounding settings. IIA2.4 Implement the Hillside Management Plan (HMP) consistent with the Coachella Valley Multiple Species Habitat Plan (CVMSHCP). IIA2.5 Maintain and promote high quality urban design to ensure and enhance the quality image and residential character of the City. IIA2.6 All development in the City will comply with approved design standards, including but not limited to, architecture, landscaping, site design, and other development related regulations intended to enhance and promote the image of Indian Wells. Orderly Growth Goal IIA3 New development which is coordinated with the provision of infrastructure and public services. Infrastructure and Community Services Policies IIA3.1 Require right-of-way and other necessary improvements to be installed by developers as each property develops. IIA3.2 Locate new development where infrastructure and community services are available or can be expanded without adverse effects on existing uses. City of Indian Well IIA-22 General Plan

II. Community Development IIA. Land Use IIA3.3 Encourage the provision of cost-efficient public services, such as low maintenance, water efficient public landscaping. IIA3.4 Continue to contract with public and private entities for the provision of public services as long as these services are more economical, more accessible, and/or better serve the needs of residents than City-provided services. IIA3.5 Coordinate the planning of future public services and facilities with adjoining cities and County service providers to ensure the efficient delivery of services. IIA3.6 Work with other public agencies in developing multi-functional public service centers in the community. IIA3.7 Continue to work with Riverside County to provide comprehensive planning and future fire protection services. IIA3.8 Continue to upgrade older water mains in the City as needed to ensure adequate water pressure for fire fighting. IIA3.9 Periodically survey residents to assess the perceived adequacy of City services and facilities. IIA3.10 Encourage the provision of community facilities. Economic Development Goal IIA4 Protection of the fiscal integrity of Indian Wells. Revenue Generating Policies IIA4.1 Maintain significant revenue-generating land uses in the City, particularly Resort Commercial uses, to assure a balance of costs and revenues over time. IIA4.2 Continue to promote the City of Indian Wells through regional and local business associations, tourist councils and committees, and other methods. IIA4.3 Assess the probability of market support for commercial projects to ensure anticipated fiscal benefits can be realized and the competitive position of the City is not jeopardized by undermining the market performance of effective existing commercial uses. City of Indian Well IIA-23 General Plan

II. Community Development IIA. Land Use IIA4.4 Continue to utilize Redevelopment activities to improve the City's fiscal position. Expenditure Control Policies IIA4.5 Require that development pay its pro-rata share of the cost of public services and facility expansions required by that development. IIA4.6 Define benefit-related areas in which appropriate development fees will be established to defray the costs necessary to provide public services to the area. IIA4.7 Review the fiscal viability of future development projects in terms of net effect resulting from construction and probable land use activities. Implementation of the Land Use Element Indian Wells is authorized by law to utilize a variety of mechanisms to implement the policies of the Land Use Element. The following summarizes the most common methods for implementing land use elements. Indian Wells is not limited by the ordinances, plans, and documents listed here. Zoning Ordinance: The City will update and revise the zoning text and map to ensure State mandated consistency between the General Plan and Zoning Ordinance. Capital Improvement Program: The City's Capital Improvement Program is possibly the most important implementation tool available. Because of this, it will be consistent with, and implement the General Plan. Specific Plans: Specific plans are implementing tools for general plans and must be consistent with the General Plan, as required by State Government Code Section 65454. Redevelopment Plan: The Redevelopment Plan must be consistent with the General Plan. City of Indian Well IIA-24 General Plan

II. Community Development IIA. Land Use Design Guidelines and Standards: Design guidelines and standards are used to preserve and enhance the physical appearance of the City, and therefore must be consistent with the General Plan. Public Facility and Service Plans: Although the City does not provide water, sewer, fire, police, and other public services, all outside agency plans must be consistent with the General Plan. Hillside Management Plan: The City will revise the Hillside Management Ordinance for the area within the Santa Rosa and San Jacinto Mountains to be consistent with the Coachella Valley Multiple Habitat Conservation Plan (CVMSHCP). The Land Use Element's success is the responsibility of all City residents and staff, the development community, service agencies, and City decision-makers. All land use actions by the City should be directed towards the implementation of the policies identified in this Element.

City of Indian Well IIA-25 General Plan

City of Indian Wells Resolution No. PC 2024-03 Page 8 EXHIBIT “B” ZONE CODE AND MAP AMENDMENT No. 2024-01 26529.00041\42048303.1

ZONING CODE AMENDMENTS CHAPTER 21.37 (Public Benefit Zone Development Standards) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby added in its entirely as follows: 21.37.010 General. This Chapter contains the regulations for the Public Benefit Zone established by the City. The actual designation of each area will be PB followed by a corresponding number (e.g., PB-1). 21.37.020 Purpose. The purpose of the Public Benefit Zone is to provide space for the provision of uses that are beneficial to the public, including affordable housing and supporting uses, such as public park, recreation, open space, and parking. 21.37.030 Permitted uses. The following uses are permitted in the Public Benefit Zone: a) Accessory Structures b) Public Parking c) Recreational Facilities/Sports Complex Non-Commercial d) Residential/Attached e) Residential/Cluster Development f) Small Family Day Care g) Agriculture, subject to approval of a Conditional Use Permit h) Antennas, Residential, subject to approval of a Conditional Use Permit i) Antennas, Commercial, subject to approval of a Conditional Use Permit j) Day Care Center, subject to approval of a Conditional Use Permit k) Utility Buildings & Facilities, subject to approval of a Conditional Use Permit l) Other uses which benefit the public which the City Council may designate from time to time 21.37.040 General development requirements. The following general development standards apply to PB-1: a) Up to a maximum of 29 percent, and less than 10 acres, may be developed with residential uses (“Residential Area”). b) The maximum number of residential units that may be within the Residential Area is 238 units. 5 26529.00000\34890307.2

a) Site design and parking

21.37.050 Residential development standards. The following standards apply to residential development in PB-1: a) Development Standards Table: b) Residential uses shall occupy at least 50 percent of the total gross floor area of a mixed-use development.

Item Standard Minimum density 20 du/gross acre Maximum density 24 du/gross acre Maximum building height 35 feet Minimum setbacks Front Side Rear 15 feet 10 feet 10 feet Minimum distance between main buildings 10 feet of the desired site design characteristics. c) For developments in which 20 percent or more of the units are affordable to lower income households (income and affordability levels set forth in Sections 50079.5, 50093, and 50105 of the Health and Safety Code shall apply), owner-occupied and rental multifamily uses are considered a use by right pursuant to subdivisions (h) and (i) of Government Code Section 65583.2 and shall be reviewed ministerially by the Director. d) An applicant for a project pursuant to this Section may apply for a density bonus, incentives or concessions, waivers or reductions in development standards, and reduced parking ratios in accordance with Government Code Section 65915 and Section 21.20.040. 21.37.060 Residential design standards. Residential development within the Public Benefit Zone must implement the following design standards which are intended to provide developers, builders, and architects with a clear standard 1. Primary building entrances (individual or shared) must include at least two of the following building materials: stucco, brick, stone, or wood. Entrances that do not face a public street and sidewalk (such as within deep or large lots) must face an internal pedestrian path that connects to a public sidewalk. 2. At least two different building types must be included in projects with multiple buildings. Building types must be differentiated through variations to building materials, color, rooflines, and the use of architectural features such as awnings and light fixtures. 3. Lighting must be recessed or hooded and downward directed. 4. All surface level parking areas, covered and uncovered, must be screened from public streets. Screening must be accomplished through building placement, landscaping, a 6 26529.00000\34890307.2

planted berm, decorative fencing with vines, topography, or some combination of the above. Landscaping used for screening purposes must be no less than two feet wide (from the back of the sidewalk or street curb to the parking lot paving, whichever is greater) and no less than forty-two inches in height. 5. Structured parking must be designed such that all lighting is fully shielded and automobile headlamps within the structure are not visible from adjacent buildings, parcels, or streets. The minimum height of screening for automobile headlights must be forty-two inches in height.

3. Trim surrounds or recessed windows with a minimum depth of three inches must be provided at all exterior windows and door openings. 4. Exterior front doors must be recessed a minimum of three feet or have a covered porch with a minimum depth of six feet. 5. Exterior walls must include two or more of the following: windows, trellises, arcades, roof overhangs, recessed or projected massing, columns, balconies, wainscots, or awnings. 6. Exterior stairwells must not be directly visible from the street. For safety and security, exterior stairwells must be oriented to interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and must not be separated from these areas by landscaping, fences, or walls taller than three feet. c) Massing and articulation 1. All building walls must have at least one minor massing break every fifty (50) lineal feet. A “minor massing break” means a variation in setback or a building entry, recess,

6. Parking areas must be separated from any building by a sidewalk or landscaping with a minimum width of five feet. b) Building design 1. Blank walls (façades without doors, windows, landscaping treatments) must be less than thirty feet in length. 2. Buildings three stories and over must provide three distinctive materials, each a minimum of ten percent of the total street-facing building façade, and a minimum of two different building colors. Distinctive building materials must include a combination of stucco, brick, stone, and wood. or structural bay or other projection. A minor massing break that is a setback, recess, or projection must be at least twelve inches deep and four feet wide. 2. Buildings over three stories tall must have at least one major massing break every one hundred lineal feet along all street frontages, adjacent public park, publicly accessible outdoor space, or open space area. A “major massing break” means a variation in setback or a building entry that is at least seventy-two inches deep and sixty inches wide and that extends the full height of the building. 3. Rooflines, whether pitched or flat, must be vertically articulated at least every fifty feet along the street frontage. “Vertically articulated” means one or more of the following: a parapet, a variation in cornice, a reveal, a clerestory window or windows, or a variation in roof height or form. 7 26529.00000\34890307.2

streets. 21.37.130 Antennas. See Section 21.90.060.

21.37.070 Nonresidential development. All nonresidential improvements within the Public Benefit Zone must be consistent with accepted public use and/or park and recreation development standards and consistent with the objective to provide uses that are beneficial to the public. 21.37.080 Parking. See Section 21.100.010. 21.37.090 Structure appendages and projections. See Section 21.27.110. 21.37.100 Landscaping.

See Section 21.60 Architecture and Landscape Review 21.37.110 Roof mounted equipment. See Section 21.27.140. 21.37.120 Utilities. a) All utilities services must be installed underground to the buildings. b) All utilities such as gas meters, electrical meters, telephone pedestal-mounted terminal boxes, surface-mounted electrical transformers, fire hydrants or any other potential obstructions must not be located within the required parking or turning area or driveway. c) All utility meters must be screened by architectural means from view from public or private 8 26529.00000\34890307.2

SECTION 21.12.020 (Land use categories) of Chapter 21.12 (Establishment of Land Use Categories, Planning Areas and Overlay Zones) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby amended as follows: “The chart on the following page shows a listing of the land use categories established by this division. The land use categories established by this division are defined and labeled in the chart. The label is used for identification and reference. LAND USE CATEGORIES - CHART CATEGORY LABEL DESIGNATION DEVELOPMENT STANDARD DEVELOPMENT CHARACTERISTICS Residential NPR Natural Preserve 1 du/40 gross acres Privately owned lands in the Santa Rosa Mountain range along the southern half of City. Limited residential development is permitted subject to restrictions of a Hillside Management Ordinance. Residential RVLD Very Low Density 1 – 3 du/gross acre Single family detached homes on large lots, often custom designed. Residential RLD Low Density 3.1—4.5 du/gross acre Single family detached subdivisions. Residential RMD Medium Density 4.6—7.0 du/gross acre Small lot, detached and/or attached single-family dwellings. Residential RMHD Medium High Density 7.1—12.0 du/gross acre Lower density town homes, condominiums and apartments. Would accommodate congregate housing facilities for seniors. Residential RVLD/ GOLF/ CELL Wireless Facility Overlay Commercial Antenna per Section 21.48.080 that allows consideration of wireless facilities in conjunction with a clubhouse facility that has a land use designation of Residential Very Low Density Zone with Golf Course Overlay. Commercial CC Community Commercial 0.75 FAR* A wide range of facilities, including grocery stores, retail shops and restaurants, resorts, 9 26529.00000\34890307.2

and services, such as dry cleaners and shoe repair. Commercial RC Resort Commercial 0.25 FAR* Resort hotels, resort complexes, and ancillary tourist commercial uses and condo-hotels. Commercial PO Professional Office 0.50 FAR* Administrative and professional offices such as financial institutions, medical/dental offices, law offices, and related commercial facilities. Public/Quasi Public PB Public Benefit 8.0-24.0 du/gross acre in “Residential Area” A limited range of uses providing public benefits, including affordable housing and supporting uses, such as public park, recreation, open space, and parking. Public/Quasi Public PF Public Facilities Civic Center and other publicly-owned facilities. Public/Quasi Public PP Public Parks/Recreation Publicly-owned parks. Open Space GOLF Golf Course Overlay Overlay zone applied to public and private golf course facilities. Open Space WC Watercourse Areas subject to flood hazard (see definition, Section 21.08.477) Open Space POS Public-Owned Open Space Publicly-owned open space lands. Comprised predominantly of Federal, State, and City-owned lands in the Santa Rosa Mountains. Open Space COS Country Club Open Space Privately-owned deed-restricted open space land. Senior Housing SHO Senior Housing Overlay Overlay zone applied to sites proposed for Senior Housing projects. Affordable Housing AHO Affordable Housing Overlay Overlay zone applied to sites proposed for Affordable Housing projects. Special Study Area SSAO Special Study Area Overlay Overlay zone that allows alternative land use consideration on sites that offer 10 26529.00000\34890307.2

unique planning and/or economic opportunities. *Floor Area Ratio: A ratio of the floor area of building permitted on a given building site. Example: 0.25 FAR would permit a maximum of 10,000 square feet of building floor area on a 40,000 square foot building site. 11 26529.00000\34890307.2

SECTION 21.12.030 (Land use matrix) of Chapter 21.12 (Establishment of Land Use Categories, Planning Areas and Overlay Zones) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby amended as follows: “This section includes a matrix which lists the uses and indicates whether or not each use is permitted (P) or conditional (C) in each land use category. Prohibited uses are represented by an (X). Conditional uses listed in this section must be applied for in accordance with Section 21.06.040, Conditional Use Permits. In the event any of the prohibitions of uses set forth is held invalid or inapplicable for any reason whatsoever, then such use shall be categorized by the Community Development Director and declared subject to a Conditional Use Permit. See Land Use Matrix Table on the following pages. LAND USE MATRIX TABLE TYPE RESIDENTIAL COMMERCIAL PUBLIC NPR RVLD RLD RMD RMHD CC RC OP SPX PB PF PP WC POS Accessory Structures C P P P P C C C C P P P C C Agriculture C C C C C C C C X C C C C C Amusement Arcades X X X X X X C X X X X X X X Amusement Park X X X X X X C X X X X X X X Antennas, Residential X C C C C C C C X C C C X X Antennas, Commercial X X X X X C C C C C C C X X Antennas, Commercial (RVLD w/Golf Course Overlay) X C X X X X X X X X X X X X Auto Service Stations X X X X X X X X X X X X X X Bar, Tavern, Cocktail Lounge X X X X X X C X X X X X X X Boarding House/Rooming House X X X X X C X X X X X X X X Caretakers Quarters C C C C C C C C C X C X X C Churches X X X X X C X X X X X X X X Cigar Club, including with on-site alcohol sales X X X X X C X X X X X X X X Clinics X X X X X C X C X X X X X X Condominium Hotels X X X X X X C X X X X X X X Hotel Conversion to Condominium X X X X X X X X X X X X X X Conference/Convention Facility X X X X X X C X C X X X X X Convalescent Home X X X X X C X C X X X X X X Country Clubs/Golf Courses C C C C C C C X X X X X C X Day Care Center X X X C C C C C X C C X X X Emergency Generator 15,000 Kilowatt or Less X P P P P X X X X P X X X X Government Facilities X X X X X X X C C X C C X C Fraternal and Service Clubs X X X X X C X X X X X X X X Health Clubs X X X X X C X X X X X X X X Hospitals X X X X X X X X X X X X X X Hotel/Resort Hotel X X X X X C C X X X X X X X Large Family Day Care X C C C C C X X X C X X X X Library X X X X X X X X X X C X X X Limited Deli X X X X X X X C X X X X X X 12 26529.00000\34890307.2

LAND USE MATRIX TABLE TYPE RESIDENTIAL COMMERCIAL PUBLIC NPR RVLD RLD RMD RMHD CC RC OP SPX PB PF PP WC POS Non-Commercial Banks X X X X X C X C X X X X X X Manufactured Structures P P P P P X X X X X X X X X Theater (Motion Picture Theater) X X X X X C C X X X X X X X Museums/Art Galleries X X X X X C C C C X C C X X Offices— Admin./Business/Professional X X X X X C C C X X X X X X Private Educational Facilities X X X X X C X X X X X X X X Public Parking X X X X X P P P P P P X X X Recreational Facilities/Non-Commercial X C C C C X X X X P C C X X Residential/Attached X C C P P X X X X P X X X X Residential/Single-Family Detached C P P P P X X X X X X X X X Residential/Cluster Development C C C C C X X X X P X X X X Residential/Second Units P P P P P X X X X X X X X X Restaurants/Sit Down X X X X X C C X X X X X X X Retail and Service Businesses X X X X X C C X X X X X X X Small Family Day Care X P P P P X X X X P X X X X Sports Complex X X X X X X X X C X X X X X Utility Buildings & Facilities C C C C C C C C C C C C X X Vehicle Sales/Service X X X X X C X X X X X X X X Wind Turbines X X X X X X X X X X X X X X Uses defined in Chapter 5.24, Municipal Code, including bathhouses, escort services, introductory services, and massage parlors. X X X X X C C X X X X X X X Uses defined in Chapter 5.30, Sexually Oriented Businesses, including adult arcade, adult Cabaret, adult bookstore, adult motel, adult motion picture theater, adult theater, nude model studio, sexual encounter establishment. X X X X X C C X X X X X X X RESIDENTIAL COMMERCIAL PUBLIC/QUASI PUBLIC NPR - Natural Preserve CC -Community Commercial PB – Public Benefit P = Permitted RVLD - Very Low Density RC - Resort Commercial PF - Public Facilities C = Conditional; Conditional Use Permit Required RLD - Low Density OP - Office Professional PP -Public Parks/Recreation RMD - Medium Density POS -Public Open Space WC - Watercourse X = Prohibited RMHD - Medium High Density SPX - Sports Complex 13 26529.00000\34890307.2

EXHIBIT “B” CONTINUED ZONE MAP AMENDMENT 2024-01

26529.00041\42253988.3
RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ADOPTING AN ADDENDUM TO THE CITY’S GENERAL PLAN

ENVIRONMENTAL IMPACT REPORT IN COMPLIANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; APPROVING GENERAL PLAN AMENDMENT NO. 2024-02 AMENDING THE GENERAL PLAN LAND

USE ELEMENT AND LAND USE MAP TO ADD A PUBLIC BENEFIT LAND USE DESIGNATION; AND DIRECTING STAFF TO FILE A NOTICE OF

DETERMINATION
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 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, on December 2, 2021, in accordance with Government Code section 65585(b)(1), the City submitted a Draft of the 2021–2029 Housing Element Update to HCD for their initial 60-day review, and received a findings letter from HCD indicating that revisions were necessary to be compliant with state Housing Law; and
WHEREAS, the City Council adopted, readopted and submitted subsequent drafts of the 2021–2029 Housing Element Update to HCD on June 13 2022, and July 6, 2023 responding to HCDs comment letters; and
WHEREAS, on November 15, 2023, in accordance with Government Code section 65585(b)(1), the City submitted the fourth subsequent draft 2021–2029 Housing Element Update (“subsequent draft Housing Element”) to HCD for a fourth 60-day review period; and WHEREAS, HCD issued a letter on December 12, 2023, finding that the subsequent draft Housing Element now meets the statutory requirements of the state Housing Element Law, and that the City must formally adopt the subsequent draft Housing Element and complete any necessary rezoning to accommodate the City’s RHNA, prior to HCD certification of the City’s 2021- 2029 Housing Element; and
WHEREAS, on April 4, 2024, the City Council of the City of Indian Wells held a duly noticed public hearing and readopted the 2021–2029 Housing Element; and ATTACHMENT #2

26529.00041\42253988.3

City of Indian Wells
Resolution No. 2024-__

WHEREAS, the City’s readopted 2021-2029 Housing Element includes Program No. 3 (Production of New Housing Units [Shortfall Program]) to rezone between 8 to 10 acres of the approximate 34 acre vacant site at the northeast corner of Miles Avenue and Warner Trail (APN:
633-360-002) to address the City’s lower income RHNA shortfall; and

WHEREAS, the required rezoning program involves text amendments to the General Plan Land Use Element and associated Land Use/Zoning Map to establish a new “Public Benefit” land use designation to accommodate the City’s RHNA; and

WHEREAS, the City’s re-adopted 2021-2029 Housing Element cannot be found by HCD to be in substantial compliance until the City has completed the rezoning program identified in Program No. 3 of the readopted Housing Element; and

WHEREAS, the City previously certified the General Plan Program Environmental Impact Report (“PEIR”), adopted a Mitigation Monitoring and Reporting Program, adopted a Statement of Overriding Considerations, and approved the General Plan on February 1, 1996, pursuant to the California Environmental Quality Act (“CEQA”); and

WHEREAS, pursuant to State CEQA Guidelines section 15162, a lead agency shall consider whether additional CEQA review is required when considering a subsequent discretionary approval for a project for which an PEIR was certified; and

WHEREAS, the City has prepared an Addendum to the General Plan PEIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164; and

WHEREAS, the City has independently reviewed and considered the previously certified PEIR and Addenda and other documents in the record before it and has determined that the General Plan Amendment and associated Zone Text and Zone Map Amendments would not result in any new significant environmental impacts or a substantial increase in the severity of previously identified significant environmental impacts and has therefore; and

WHEREAS, on April 25, 2024, the Planning Commission held a duly noticed public hearing and recommended City Council adopt the General Plan Amendment and associated Zone Text and Zone Map Amendments to implement the rezoning program identified in the adopted Housing Element; and

WHEREAS, a duly noticed public hearing on the General Plan Amendment and associated Zone Text and Zoning Map Amendments for the rezoning program was held by the City Council; and

WHEREAS, the City Council has considered the Planning Commission’s recommendation along with 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 May 16, 2024.

NOW, THEREFORE, THE CITY COUNCIL 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.

26529.00041\42253988.3

City of Indian Wells
Resolution No. 2024-__

SECTION 2. The City Council has reviewed and considered the information contained in the certified PEIR and Addenda and all supporting documentation, copies of which are on file at the City’s office and are incorporated by reference as though set forth fully herein. Based on this review, the City finds that any comments received regarding the General Plan Amendment have been examined and determined to not modify the significant conclusions of the PEIR and Addenda. The City further finds that no additional feasible mitigation measures within the City’s authority are necessary to reduce the environmental impacts of the General Plan Amendment, because all impacts of the General Plan Amendment are either less than significant, will be mitigated to a level of le ss than significant through compliance with the existing mitigation, or remain significant and unavoidable even with the imposition all of feasible mitigation. Finally, based on the substantial evidence set forth in the record, including but not limited to the certified PEIR and Addenda, the City finds that none of the conditions triggering the need for subsequent environmental review have occurred. Specifically, the City finds that no subsequent environmental review is required pursuant to State CEQA Guidelines section 15162 because:

a. No substantial changes are proposed by the General Plan Amendment which will require major revisions of the PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

b. No substantial changes have occurred with respect to the circumstances under which the General Plan Amendment is being undertaken which will require major revisions of the PEIR due to the involvement of new significant, environmental effects or a substantial increase in the severity of previously identified significant effects; and

c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the PEIR was certified, shows that: (i) either the General Plan Amendment will have one or more new significant effects; (ii) significant effects of modifications to the Project examined in the PEIR will be substantially more severe; (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the General Plan Amendment , but the City declined to adopt the measure or alternative; or (iv) mitigation measures or alternatives which are considerably different from those analyzed in the PEIR and Addenda would substantially reduce one or more significant effects on the environment of the General Plan Amendment, but the City declines to adopt the measure or alternative.

SECTION 3. The City Council ADOPTS an Addendum to the General Plan Environmental Impact Report (SCH No. 94092037) pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15164 and hereby directs staff to (1) prepare, execute and file with the County Clerk and Office of Planning and Research a Notice of Determination within five working days of the approval of this Resolution and (2) post the Notice of Determination and the Addendum on the City’s website in accordance with Public Resources Code section 21082.1(c).

SECTION 4. In accordance with Section 21.06.01 5 of the City of Indian Wells Zoning Code, the following findings for approving General Plan Amendment No. 2024-02 are made:

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

26529.00041\42253988.3

City of Indian Wells
Resolution No. 2024-__

FACT: The amendment will replace the current Residential Medium Density (“RMD”) land use designation for the site with a new Public Benefit land use designation . The amendment is internally consistent with the goals and objectives, and policies of the General Plan, including the Land Use Element and the adopted Housing Element. The adopted Housing Element 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 Program 3 of the adopted Housing for a future General Plan Amendment and Development Code Amendment to establish residential densities consistent with those identified in the Housing Element Update for the subject property. The City’s formal adoption of General Plan Amendment 2024-02 will result in implementation of this Housing Element program to help satisfy the City’s lower income RHNA.

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

FACT: Designating the new Public Benefit land use at the site will facilitate lower income housing opportunities within the City which will directly benefit citizens with a wide range of economic backgrounds, including workforce housing, disadvantaged groups, and those with special housing needs. The allowable park, recreation, and open space amenities will promote health, safety, convenience and the general welfare for residents and visitors.

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

FACT: The affordable housing, park, recreation and opens space uses allowed within the Public Benefit zone will provide a greater diversity of housing types, such as multifamily, condominiums, and townhomes, while allowing for greater recreational opportunities at the site as compared to the existing RMD land use designation. This will allow both younger and older generations of Indian Wells’ residents to remain in the community while attracting a broader economic base of residents to the City . The amendment will protect and enhance established neighborhoods while helping the City evolve into a more integrated, walkable, and cohesive community.

4. In case of an amendment to the General Plan Land Use Plan (i.e., Map), the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use developments(s).

FACT: The Project does not propose site -specific development; rather, it involves amendments to the General Plan Land Use Element, Zoning Code, and General Plan Land Use/Zoning Map to implement the required rezoning program to accommodate the City’s RHNA. The parcel proposed for amendments under the Project (APN 633 -360- 002) is designated Medium Density Residential, allowing for the development of up to 238 residential dwelling units. Similarly, the Project’s proposed PB-1 designation would allow for the development of up to 238 units. The parcel is bounded by Warner Trail, followed by single-family residential uses to the west; institutional uses (Gerald R. Ford Elementary School) to the north; the Indian Wells Tennis Garden to the east; and Miles

26529.00041\42253988.3

City of Indian Wells
Resolution No. 2024-__

Avenue, followed by the Whitewater River flood control channel to the south. The area surrounding the site is generally developed and served by existing roadways and utilities. Future residential development of the site would be consistent with the land use and zoning of adjacent properties and would be a continuation of existing uses within the surrounding area. Implementation of the Project would not physically divide an established community, as residential development has been anticipated within this area and would be evaluated at the project level for consistency with the City’s General Plan goals and policies.

SECTION 5. The City Council APPROVES General Plan Amendment No. 2024 -02 amending the General Plan Land Use Element and General Plan Land Use/Zoning Map attached hereto as Exhibit “A” and incorporated herein by reference.

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 16th day of May 2024.

____________________________

GREG SANDERS
MAYOR

CERTIFICATION FOR RESOLUTION NO. 2024-_____

I, Angelica Avila, City Clerk of the City of Indian Wells, California, DO HEREBY CERTIFY that the whole number of the members of the City Council is five; 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 16th day of May 2024 by the following vote:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER

CITY ATTORNEY

26529.00041\42253988.3

City of Indian Wells
Resolution No. 2024-__

EXHIBIT “A”

GENERAL PLAN AMENDMENT NO. 2024-02

(following page)

EXHIBIT "A"
II. C ommunity Developme nt IIA . Land Use
The City of Indian Wells General Plan Land Use Element, Chapter II, is hereby amended to read in its entirety as follows:

Chapter II: Community Development
IIA. LAND USE
Introduction and Authority
A community's quality of life is most often perceived in terms of the physical development of the land and its setting within the environmental surroundings. Aesthetically pleasing buildings, within well organized and properly distributed developments, help exemplify a community's values. The regulation of land usage, distribution, and intensity is within the domain of the General Plan. The Land Use Element
specifically identifies these items, in both text and map format.

Because of this, the Land Use Element of a general plan is typically the most recognized and referenced element.

The City of Indian Wells originally incorporated in order to control development, preserve the quality of life, and protect the City from the increasing pressures of surrounding
communities. The quality of life in Indian Wells is quite unique and is defined by its environmental beauty, low -scale
development pattern, and world class resorts. The City recognizes that unwarranted encroachment into any of these factors potentially jeopardizes the community's lifestyle.

California Government Code Section 65302(a) states,
"The general plan shall include a land use element
which designates the proposed general distribution and
general location and extent of the use of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty,
education, public building and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land."
Land use designations, goals, and policies identified in this Element are intended to promote orderly development and economic vitality with community character, historical identity, and the stewardship of natural resources.

The Land Use Element is consistent with all other elements of the General Plan and is based on community values and
goals.

City of Indian Well IIA-1 General Plan

II. Community Development IIA. Land Use
Organization of the Element
This Element is organized in a manner that facilitates clear understanding of the land use conditions in Indian Wells, and the direction for future development in the form of goals and policies. Existing land use conditions are discussed, followed by a description of the land use program, including text and maps. The description of the plan is supported in the goals and policies section. Policy statements are identified to provide specific directions for Indian Wells to achieve the quality of life the residents expect. The final section of this Element addresses various mechanisms the City is authorized to utilize in order to implement the land use policies.

Summary of Existing Conditions
The purpose of this section is to generally describe the City's land use conditions, infrastructure, community services, and fiscal plan as they existed at the time of the Element's update in 2006.

Existing Development Pattern
Indian Wells is characterized by beautiful golf courses, private communities, world- renowned resorts, and beautiful
surroundings. The residents of the City have successfully maintained their high quality of life through prudent use of land use controls. The City currently has many mechanisms to ensure quality development, including but not limited to: the General Plan, Architecture and Landscape Design Standards, the Zoning Code, and private community Covenants,
Conditions, and Restrictions (CC&Rs).

Overall, developed land areas within the Indian Wells General Plan Area encompass approximately 9,348 acres, accounting for 97 percent of the total Plan Area. The majority of the undeveloped land is open space, which includes private open space in golf course residential communities and the steep terrain of the Santa Rosa Mountains in the southern part of the City. The largest areas of vacant, but potentially developable lands, are located at the intersection of Miles Avenue and Washington Street adjacent to the Indian Wells Tennis Garden and the intersection of Miles Avenue and Highway 111. Other non-developed lands include golf courses, The Living Desert, and drainage channels.

City of Indian Well IIA-2 General Plan

II. Community Development IIA. Land Use
Approximately 20 percent of all developed lands are
residential (not including the private open space area
associated with the residential development. (1980.5 acres).

All single -family residential uses, with few exceptions, are single story. Three story multi -unit structures are located within the Vintage Club community and two- story multi-unit structures are found in the easternmost area of the City, south of Highway 111, in the Racquet Club HOA community.

Non-residential uses include mixed- use retail and office commercial centers and hotel resorts. Four commercial
centers are located on the north and south sides of Highway 111, west of Cook Street. Additional small -scale commercial developments are located along Highway 111, including a center south of the Highway, on the east side of Club Drive and an office on the southwest corner of Highway 111 and Manitou Drive. The resorts are located on the north and south sides of Highway 111, in the central part of the City. The retail and office developments west of Cook Street are one and two stories in height, while the Renaissance Esmeralda Resort, the tallest structure in the City, is seven stories. The remaining vacant land in the City, approximately 278.7 acres, is shown in Figure IIA-1.

Land Use Inventory
Existing Land Uses
A comprehensive land use inventory of all land areas in Indian Wells was conducted in June, 2005 - October 2006. The
inventory was completed utilizing City base maps, aerial photos and a visual survey of the General Plan Area. Land uses, as existed in June, 2005-October 2006, are shown in Figure IIA -1. Land area estimates, by land use type, are identified in Table IIA-1.

Redevelopment
Areas
The City of Indian Wells is strongly committed to
redevelopment activities. Currently, the City h as one redevelopment project areas ; the Consolidated Whitewater Redevelopment Project Area. The Redevelopment Project
Areas is shown in Figure IIA 1.

City of Indian Well IIA-3 General Plan

II. Community Development IIA. Land Use
Infrastructure and Community Services
The development of land is highly correlated with the ability to provide sites with public infrastructure and services. Adequate distribution systems, along with sufficient human and natural resources, are necessary ingredients to the successful
provision of urban services. The following section provides summary background information on the provision of public services and facilities to the City of Indian Wells.

Water
Water for domestic use, fire flow, agriculture, and irrigation is provided to Indian Wells by the Coachella Valley Water District (CVWD). The District currently encompasses approximately 1,000 square miles. Indian Wells is located within the 400- square mile Whitewater River Subbasin, which includes areas one mile west of the junction of Highway 111 and Interstate 10 to the Salton Sea, 70 miles to the southeast. The Whitewater River Subbasin is further divided into subareas, with Indian Wells located in the Upper Thermal Subarea.

Water Facilities
The major east to west CVWD water lines are located in
Highway 111, Fred Waring Drive, Fairway Drive, and north of the Whitewater River flood control channel in Miles Avenue.

North to south lines are located in Cook Street, Eldorado Drive, Indian Wells Lane, and Elkhorn Trail. A booster pump station is located in the Vintage Club. The City also includes private wells, such as wells located in golf courses for the purpose of watering the facility.

Reclaimed Water
CVWD encourages plans to expand programs for reclamation and reuse of water resources in accordance with California Department of Health Water Quality Guidelines. Reclaimed water is presently available from the CVWD's Plant No. 10, located northerly of the Whitewater River Channel and
easterly of Cook Street. Toscana Country Club signed a
contract in September 2004 to use recycled water on its two 18-hole golf courses.

City of Indian Well IIA-4 General Plan

o.;
1 II t: l 1 11 0 r
JN DJA N i) Wt;L J.S
C'.\l l l' IHlll.\
General Plan
■
- Pork I Golf I Open Spooe
D Sports Complex
- E)Qsting Ccmmerciaf
D E)Qsting Residenful
D Natural Preserve
CIVIC
- Public FacMies
- \Yaterocu se

OVERLAYS
0 Senior Hou~
OTHER
- 'bcant Parcels
EB?, iDlt aano,ng 2006 Existing Land Uses
~~ Figure IIA-1
Source: MichZtel BralOOlan Assoc. October. 2006 LANO USE ELEMENT II. Community Development IIA. Land Use
City of Indian Well IIA-5 General Plan
0

II. Community Development IIA. Land Use
Table IIA-1. 2006 Existing Land Uses
Land Use Type Acreage % of Total* No. of Units
Residential 1,980.5 20.5 4,807**
Commercia,
Office, Sports
Complex
244.0 2.5 *
Open Space,
Parks, Natural
Preserve, Gold
Course,
Recreation
Overlay
6,190.6 64.3 *
Public Facilities 27.4 0.2 *
Watercourses,
Drainage
Channels
316.2 3.2 *
Streets 589.3 6.1 *
Vacant Land 278.7 2.8 *
TOTAL 9,626.7 100.0 4,807
Source: MBA/EPC GIS Data Base and Survey. Riverside County GIS. * Percentages rounded to equal 100. * *Includes detached and attached housing units per CA. Dept. of Finance, 1/1/2006
City of Indian Well IIA-6 General Plan

t.

I
I
'
General Plan
- t
---------··-----
,.,
CJ City Bound.wy
1111 Parcels RemoYed from Redevelopment Area
C:J \\'hnewater Rede\oelopmentArea
EPC Lind PAnrung
t}»)t•l'I•~
Redevelopment Project Area
Figure IIA-2
Source: 2006 h:lian Wells Gena-al Plan
I
II. Community Development IIA. Land Use
City of Indian Well IIA-7 General Plan

II. Community Development IIA. Land Use
Wastewater Service
Indian Wells' sewer services are provided by the Coachella Valley Water District (CVWD). Effluent is transported via sewer lines to the Palm Desert treatment facilities located off Cook Street, northwest of the City limits.

The District’s three major wastewater reclamation plants each have an ultimate capacity of handling 20 million gallons of effluent a day. The largest of the three, The Palm Desert Regional Wastewater Reclamation Plant, serves Indian Wells.

Tertiary, or third stage facilities at this plant allow the District to provide water to serve several area golf courses, including Toscana Country Club.

To handle growth, capacity is being increased at the District’s regional plant in Palm Desert. Improvements include
construction of a 15 million dollar, 24 million gallons per day sludge handling plant to be completed in mid-2007.

Gas
Natural gas is currently supplied by the Southern California Gas Company. Presently, 6 -inch high-pressure supply lines are located in Highway 111 and Cook Street.

Electrical
Distribution
The City of Indian Wells receives electrical service primarily from Southern California Edison Company (SCE). A small portion of the eastern area of the City is served by the Imperial Irrigation District (IID). Southern California Edison's major transmission circuits are located one mile north of the City on Country Club Drive. An electrical substation is located north of Fred Waring Drive, within the City limits.

Solid Waste/Landfills
Indian Wells contracts with Burrtec Waste and Recycling Services for solid waste collection services. Solid waste generated in the area is taken to the Edom Hill transfer station and then delivered to either the El Sobrante Land Canyon or Badlands solid waste landfill.

Burrtec Waste and Recycling Services provides solid waste recycling programs. The programs include recycling grass clippings and other landscape materials into compost for reuse as fertilizer, as well as backyard pick -up service for newspapers, glass, plastic, tin, and aluminum from residential City of Indian Well IIA-8 General Plan

II. Community Development IIA. Land Use
areas. Commercial recycling includes the above materials plus cardboard and green waste.

Educational Facilities
Desert Sands Unified School District
The City of Indian Wells is part of the Desert Sands Unified School District (DSUSD). Gerald Ford elementary school is the only school in the City and is located at the intersection of Fred Waring Drive and Warner Trail . Palm Desert middle school and Palm Desert high school are located near the City.

Development Fees
The Desert Sands Unified School District bases its fees upon the conclusions in the Residential Development School Fee Justification Study 2005.

The Desert Community College District
The Desert Community College District, known as the College of the Desert (COD), covers 5,479 square miles. It
encompasses five K -12 districts and portions of three
counties: Riverside, San Bernardino, and Imperial. The
District has three educational facilities with the closest campus to Indian Wells located in Palm Desert. The other sites are the Copper Mountain Campus in Joshua Tree and the Eastern
Valley Center in Indio.

Additional College Opportunities
Indian Wells is served by universities and colleges in other cities and counties. The nearest university is the California State University, San Bernardino's Palm Desert campus on which the Indian Wells Center for Educational Excellence and Indian Wells Theater are located. University of California, Riverside (UCR) also has a satellite campus located in Palm Desert. Major universities in Los Angeles, Riverside, and San Diego provide expanded opportunities. Private colleges and vocational schools are also provided in nearby communities.

Libraries
Four branches of the Riverside Public Library/Riverside County Free Library system are located near Indian Wells.

Two branches are in Palm Desert, one branch is in Indio, and one branch is in La Quinta. The City of Indian Wells presently participates in the Riverside County Free Library System. In addition, the City of Indian Wells is also part of the Rancho Mirage Public Library.

City of Indian Well IIA-9 General Plan

II. Community Development IIA. Land Use
Civic Center
Located on the northeast corner of the Highway 111 and
Eldorado Drive intersection, the Civic Center Complex houses City Hall, a Riverside County Sheriff substation, and Riverside County Fire Station No. 55. A stand of date palms is preserved in front of City Hall, and was dedicated as the City's first park, Indian Wells Date Palm Preserve. City Hall is proposed to be expanded in its present location over the next 5 years.

Hospitals and Health Care Services
Both the private and public sectors are involved in the planning of health facilities. Within the Coachella Valley, several private facilities serve Indian Wells' residents. Eisenhower Medical Center in Rancho Mirage, Desert Regional Medical Center in Palm Springs, and John F. Kennedy Memorial Hospital in
Indio provide the most extensive service at the local level. The Eisenhower Urgent Care Center is located in the City of Indian Wells within the Wall Street West Complex and provides non- emergency health care services to the community.

In addition to the privately -owned facilities, the Riverside County Health Department operates various health programs.

Most of the continuing community personal health and mental health services for the desert area are located in County facilities in Indio.

Police Protection
Police protection is provided by the Riverside County Sheriff's Department under contract with the City. A Sheriff's
substation is located in the Civic Center Complex. The
Sheriff's Department provides protective response,
investigatory, and patrol services. As part of the City's contract with the Sheriff's Department, a Community Services Officer is assigned to patrol the City on a 24-hour basis.

In addition to police protection services provided by the Sheriff's Department, most private, gated communities have private, internal security services for their residents. These forces work in conjunction with the Sheriff's Department.

Fire Protection, Paramedic/Ambulance Services
The City of Indian Wells provides fire protection and
paramedic services in Indian Wells under contract with
Riverside County. Station No. 55 is located within the Civic Center Complex. The paramedic unit is housed in the fire City of Indian Well IIA-10 General Plan

II. Community Development IIA. Land Use
station and provides no -cost treatment and emergency
transportation for City residents.

Flood Protection
The desert region is subject to intense storms which result in sudden and substantial runoff and flash flooding. The City of Indian Wells has two major flood control channels. The Whitewater River and Deep Canyon flood control channels generally run west to east north of Highway 111 and south of Highway 111, respectively.

The City's Floodplain Management Ordinance specifies
construction standards for all areas of special flood hazard. All new construction and improvements are required to be
constructed using methods and practices that minimize flood damage and provide adequate drainage. The Flood Zones
map (Figure IVA-3), along with additional detail regarding flood hazards, is found in the Community Safety Element.

Economic Conditions
Cities utilize Capital Improvement Programs (CIP) to chart how they will achieve revenues and pay for capital
improvements. The CIP is a five -year program, revised
annually. Capital Improvement Programs are implementation tools for the General Plan.

Capital Improvement Program
The City of Indian Wells is currently operating within a Capital Improvement Program for fiscal years 2004-05 through 2008-

09. The 2004-2009 CIP identifies a total of 44 capital projects, costing an estimated $134,288,775. Capital projects are organized into functional groups, including: Streets & Highway, Traffic Safety, Government Buildings, Parks & Landscaping, Golf Course Improvements, Drainage & Improvements, and
Miscellaneous Improvements. Revenues to pay for the capital projects are provided by the Capital Improvement Fund,
Measure “A” Transportation Fund, Citywide Public
Improvement Fund, Art in Public Places Fund, RDA
Whitewater Capital Improvement Fund, Golf Resort
Improvement Fund, and the Low/Moderate Housing Fund, and Transportation Uniform Mitigation Fees (TUMF).

City of Indian Well IIA-11 General Plan

II. Community Development IIA. Land Use
Description of the Land Use Plan
The remaining sections of this Element describe the Land Use Plan for the City of Indian Wells. The Land Use Plan is composed of both descriptive text and an illustrative map. The text discusses the long -term development vision of the City, including land use designations and buildout assumptions.

The Land Use Plan map identifies the location and distribution of the land uses as shown in Figure IIA-3. The text and map are supported by land use goals and policies.

Land Use Plan
Indian Wells is a unique desert community that intends to remain the premier residential/resort city in the Coachella Valley. The residential quality of life is the City's primary concern. The Land Use Plan, therefore, strives to maintain and preserve the existing residential nature of the City. The quality of life will be maintained by a balance of lower intensity residential densities with site development and environmental quality standards. Additional development opportunities are provided for near the intersection of Miles Avenue and
Washington Street adjacent to the Indian Wells Tennis Garden and the intersection of Miles Avenue and Highway 111.

The predominantly residential character of the community will continue to be supported through revenues from the resort industry. The City has positioned itself, however, to diversify its revenue base by designating significant portions of the area around the Indian Wells Tennis Garden as Resort
Commercial.

City of Indian Well IIA-12 General Plan

0.25 0.5

CALIFORNIA

LAND USE/ZONING
N
1 Mites A
c:J O.V&xindery
~ii:11
~QrQI. "'1ty lOWOtflSq~~J
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- ~ctti.,1, Medbll High Density II~
-· - ~~ .. (OtMv-il,y COl'fiMff(ial
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- Ccm'l'ieftial, lt$SO'l ~ ·
- Qmniln:i:11, S(,ort$ ~
°"""''" - ~ SfW.10,Golf /11\d IIOUNllon
- Opell Sp:ioc, lllllb.:QI Prcg:r,,e
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- Open Spooe,. "-ti~~
~ Spooe, Vl:uru)ur,e
CMc
- Cwlc.Ntk.F;,dllV
- C:Mc, Plttlc. ectldl • I
-·-
II. Community Development IIA. Land Use
City of Indian Well IIA-13 General Plan
0

II. Community Development IIA. Land Use
Based on the Land Use Plan map, Figure IIA -3, full buildout within the current City limits could increase from 4,807 residential units to 5,635 residential units. The City's population would increase to an estimate of 10,802 persons factoring in a vacancy rate of 0 percent. However, the City has a historical vacancy rate of approximately 48% reflecting the seasonal nature of the population, therefore, the adjusted buildout population is approximately 5,185 (Note. The
California Department of Finance uses the 48% vacancy rate in determining the City’s “official” population). The buildout statistics are based on full development of all vacant lands.

Land Use Plan buildout potentials and assumptions are shown in Table IIA-2. Existing demographics, including housing and population characteristics, are discussed in detail in the Housing Element.

City of Indian Well IIA-14 General Plan

II. Community Development IIA. Land Use
Table IIA-2. 2025 General Plan Land Use Buildout Estimate Land Use Designation Acres Units (1) or
Floor Area
Ratio (FAR)
Sq. Ft. (2)
Residential
Very Low Density (1.0-3.0 du/ac) 1,921.7 4,341
Low Density (3.1-4.5 du/ac) 138.4 534
Medium Density (4.6-7.0 du/ac) 51.42 322
Medium High Density (7.1-12.0 du/ac) 18.7 195
Residential Subtotal 2,130.22 5,392
Commercial
Professional Office 9.3 FAR 0.5 202,554
Resort Commercial 151.2 No FAR 1,561,313
Sports Complex 90.7 No FAR 4,404,392
Community Commercial 87.8 FAR 0.75 3,824,568
Commercial Subtotal 339.0 9,992,827
Open Space
Golf Course Recreation Overlay 1,520.4
Public Park 6.0
Open Space 4,465.7
Natural Preserve 198.5 5(3)
Watercourse 613.2
Open Space Subtotal 6,506.8
Civic/Other
Public Facility 27.4
Public Benefit (4) (8.0-24.0 du/ac) 33.98 238
Streets 589.3
Civic/Other Subtotal 650.68 238
Totals 9,626.7 5,635 9,992,827
Estimated Population (no vacancy rate included) 10,802
Estimated Population with vacancy rate per
California Dept. of Finance)
5,185
Source: MBA/EPC GIS (1) Based on acres per category times actual density of category as calculated by GIS (2) Assumes FAR unless otherwise noted in Table. (3) General Plan allows 1/du per 40 ac res in Natural Preserve Area. (4) residential uses are restricted to "Residential Areas" as defined by the applicable Public Benefit zoning district.

City of Indian Well IIA-15 General Plan

II. Community Development IIA. Land Use
Land Use Plan buildout potentials are required to identify the full buildout of all designated lands in the Plan Area for environmental analysis purposes. Because of this, projections are usually higher than actual buildouts. Buildout also includes existing developed areas that may currently be built at lower densities than permitted by the designation, which also inflates the buildout figures.

Land Use Designations
The land use designations described in this section establish the type and intensity of future development, as identified in the Land Use Plan map and buildout table.

Residential
The Plan provides for residential densities which range from one dwelling unit per 40 gross acres to twelve dwelling units per gross acre. It should be noted that the upper end of each density range is not guaranteed, but rather represents the potential density that could be achieved after specified performance standards are met. To maintain the City's
existing low density residential character, the majority of the residentially designated lands are identified as Very Low Density (1.0-3.0 du/ac). The following criteria will be used to determine maximum residential density within each density range:
 compatibility with surrounding land uses;
 floodplain protection;
 adequacy of public infrastructure, including
water, sewer, gas, and electricity;
 proximity to health care facilities, commercial
areas, and other services;
 provision of neighborhood -serving open space
and recreation;
 access and proximity to major streets;
 preservation of natural resources and
vegetation; and
 mitigation of negative environmental impacts
such as noise, traffic, and light and glare.

City of Indian Well IIA-16 General Plan

II. Community Development IIA. Land Use
Residential Designations
Very Low Density (1.0- 3.0 du/ac) : Single family detached homes on lots a minimum of 12,000 square feet (sq. ft.).

Low Density (3.1-4.5 du/ac): Single family detached homes on lots a minimum of 8,500 sq. ft.

Medium Density (4.6 -7.0 du/ac) : Single family detached homes, cluster developments, and attached units.

Medium High Density (7.1-12.0 du/ac): Attached dwelling units such as townhouses, condominiums, and congregate care for seniors.

Commercial
The resorts will continue to be the primary commercial use in the City. A significant portion of the area surrounding the Indian Wells Tennis Garden is designated as Resort
Commercial which would allow both retail and office uses. The Land Use Plan also identifies 9.3 acres designated for
Professional Office development.

Commercial Designations
Community Commercial (FAR 0.75) : Attractively designed retail, office, and shopping areas. Uses may include retail shops, offices, restaurants, personal service shops, grocery stores, movie theaters, hotels and resort complexes, and similar uses.

Resort Commercial (No FAR Restriction ): Attractively
designed hotel and resort complexes. The developments will have quality architectural design and extensive landscaping.

Parking areas will be screened from public streets with landscaping, buffer areas, or decorative walls. Uses include hotels as the primary use with ancillary tourist commercial uses that may include restaurants, related convention facilities, and supporting retail and personal services.

Professional Office (FAR 0.50) : Attractively designed
professional offices that are compatible with surrounding neighborhoods and adjacent areas. Developments will be a maximum of two stories in height and will have extensive landscaping. Parking areas will be screened from public streets with landscaping, buffer areas, or decorative walls.

City of Indian Well IIA-17 General Plan

II. Community Development IIA. Land Use
Typical uses would include administrative and professional offices, medical and dental offices, and financial institutions.

Civic
This designation includes two categories: Public Facility and Public Benefit. As public facilities follow, rather than lead development, new areas for public facilities will be designated as development occurs. The uses within this category,
however, include utility agency substations, the Gerald Ford Elementary School, and City Hall. Uses that provide a public benefit will also be identified and located as appropriate on the land use map.

Civic Designation
Public Facility: Facilities such as the Civic Center, police and fire stations, public utilities, schools and other governmental or public facilities, such as auditoriums, museums, and libraries.

Public Benefit (8.0-24.0 du/ac): Space for the provision of uses that are beneficial to the public, including affordable housing and supporting uses, such as public park, recreation, open space, and parking.

Open Space and Recreation
The Open Space and Recreation category encompasses six
designations, as described below. The designations are
intended to provide a range of public and private open spaces and recreational areas for enjoyment and safety of the
residents. The Watercourse designation, particularly, is applied to areas subject to flood hazard within the 100- year floodplain. Floodplain areas include the City's two flood control channels and an area of unimproved floodway in the Deep Canyon area.

Open Space and Recreation Designations
Public Parks: Publicly owned parkland which is dedicated or reserved for passive recreational use by the public.

Golf and Recreation : Public and private golf courses and tennis facilities.

Open Space: Privately and publicly owned lands maintained in a natural state. Development in these areas is subject to the Hillside Management Plan.

City of Indian Well IIA-18 General Plan

II. Community Development IIA. Land Use
Natural Preserve (1.0 du/40 gross ac): Privately owned lands with limited residential development permitted subject to the restrictions of the Hillside Management Plan (HMP), consistent with the Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP).

Sports Complex: Publicly and privately owned land and
improvements to accommodate professional or amateur
sporting events. This includes the Indian Wells Tennis garden and related facilities.

Watercourse: Includes the Whitewater River and Deep
Canyon flood control channels and other areas subject to flood hazard. Federal standards prohibit development in the
floodway. Some Watercourse areas, however, are used for golfing. The 100-year and 500-year flood zones are depicted in the Community Safety Element, Figure IVA-3.

Goals and Policies
The land use goals and policies identified in this section translate the City's long- range vision into public policy. The policies will be used on a daily basis to evaluate development proposals and guide City -wide decisions. The section is organized by goals and policies pertaining to Land
Development, City Image, Orderly Growth, and Economic
Development.

Land Development
Goal IIA1
Development which maintains the City's quality residential and resort character, with adequate provisions for the housing needs of all economic segments of the community.

Residential Policies
IIA1.1 Require multifamily structures located adjacent to single-family parcels to incorporate adequate screening into project design to prevent view intrusion.

IIA1.2 Assist in the development of adequate housing to meet the needs of very low, low, and moderate income households through implementation of the Housing Program set forth in the Housing Element.

City of Indian Well IIA-19 General Plan

II. Community Development IIA. Land Use
IIA1.3 Encourage clustering of residential uses to minimize impacts from noise, flooding, slope instability, and other environmental hazards, or to achieve other desirable City objectives. Clustering of units on smaller than identified lot sizes may be approved in all residential categories, except within the Very Low Density designation. Clustering in the Very Low Density designation can only occur if a specific plan or master plan is approved by the City Council, in accordance with the procedures established in the Zoning Code.

IIA1.4 Prohibit residential development in areas of greater than 65 Community Noise Equivalent Level (CNEL) unless
effective mitigation measures can be incorporated into project designs to reduce noise levels to 65 CNEL in outdoor activity areas and 45 CNEL in indoor areas.

IIA1.5 All residential developments are subject to the density and lot size requirements established in the General Plan (unless clustering is utilized). Residential development must also comply with any adopted regulations, such as but not limited to, design guidelines, environmental mitigation measures, and impact fees.

Commercial Policies
IIA1.6 Encourage new commercial development that relates to the City's resort industry.

IIA1.7 Commercial developments shall be located and
designed to minimize the impact on traffic circulation and residential land uses.

IIA1.8 Require physical separation (i.e., setbacks or barriers) where commercial development abuts residential
development, and where land uses abut major arterial
highways.

IIA1.9 All commercial development shall be consistent with the requirements of the General Plan, including use types and must comply with any applicable Use Permit conditions,
design guidelines, impact fees, or other development -related requirements for a particular site.

General Development Policies
IIA1.10 Assist in the consolidation of contiguous smaller parcels for development purposes.

City of Indian Well IIA-20 General Plan

II. Community Development IIA. Land Use
IIA1.11 The following types of development shall be
prohibited in Indian Wells:
 Linear or "Strip" Commercial Development
 Heavy Polluting Industry
 Billboards
IIA1.12 Require development to utilize low intensity
lighting and/or screening to minimize light spillover and glare.

IIA1.13 Require all new development proposals to
provide evidence of land use compatibility with current and future land uses.

IIA1.14 Require sufficient areas of open space in all new development projects.

IIA1.15 All development projects will provide sufficient off-street parking to adequately serve the projected vehicles generated by the land use.

IIA1.16 Permit the use of solar panels to maximize
energy efficiency provided the panels are screened from public view in accordance with the City's design guidelines.

IIA1.17 Require the installation of water conservation
devices in new development pursuant to the Uniform Building, Mechanical, and Electrical Codes.

IIA1.18 (1) The City will encourage green building design which could include conserving non- renewable energy and non-renewable materials. promoting water efficient
landscaping and other methods to support environmental
conservation and to assist in the concerns of global warming. (2) The City will provide public information on
Sustainable Development Practices which will assist in
acceptable levels of global resource depletion and
environmental pollution.

City Image
Goal IIA2
Maintain the City of Indian Wells as a beautiful and
aesthetically pleasing community.

City of Indian Well IIA-21 General Plan

II. Community Development IIA. Land Use
Public Improvement Policies
IIA2.1 Continue the Art in Public Places program, including the identification of funding sources and potential sites for public art display. The program may include, but is not limited to, City entry monumentation, streetscape treatments (including street signs), and other public area improvements.

Private Development Policies
IIA2.2 Encourage development which capitalizes on the
area’s natural environmental setting and preserves views of scenic hillside areas.

IIA2.3 Regulate building height to avoid obtrusive breaks in the natural skyline and to be responsive to surrounding settings.

IIA2.4 Implement the Hillside Management Plan (HMP)
consistent with the Coachella Valley Multiple Species Habitat Plan (CVMSHCP).

IIA2.5 Maintain and promote high quality urban design to ensure and enhance the quality image and residential
character of the City.

IIA2.6 All development in the City will comply with approved design standards, including but not limited to, architecture, landscaping, site design, and other development related regulations intended to enhance and promote the image of Indian Wells.

Orderly Growth
Goal IIA3
New development which is coordinated with the provision of infrastructure and public services.

Infrastructure and Community Services Policies
IIA3.1 Require right -of-way and other necessary
improvements to be installed by developers as each property develops.

IIA3.2 Locate new development where infrastructure and
community services are available or can be expanded without adverse effects on existing uses.

City of Indian Well IIA-22 General Plan

II. Community Development IIA. Land Use
IIA3.3 Encourage the provision of cost -efficient public services, such as low maintenance, water efficient public landscaping.

IIA3.4 Continue to contract with public and private entities for the provision of public services as long as these services are more economical, more accessible, and/or better serve the needs of residents than City-provided services.

IIA3.5 Coordinate the planning of future public services and facilities with adjoining cities and County service providers to ensure the efficient delivery of services.

IIA3.6 Work with other public agencies in developing multi - functional public service centers in the community.

IIA3.7 Continue to work with Riverside County to provide comprehensive planning and future fire protection services.

IIA3.8 Continue to upgrade older water mains in the City as needed to ensure adequate water pressure for fire fighting.

IIA3.9 Periodically survey residents to assess the perceived adequacy of City services and facilities.

IIA3.10 Encourage the provision of community facilities.

Economic Development
Goal IIA4
Protection of the fiscal integrity of Indian Wells.

Revenue Generating Policies
IIA4.1 Maintain significant revenue -generating land uses in the City, particularly Resort Commercial uses, to assure a balance of costs and revenues over time.

IIA4.2 Continue to promote the City of Indian Wells through regional and local business associations, tourist councils and committees, and other methods.

IIA4.3 Assess the probability of market support for commercial projects to ensure anticipated fiscal benefits can be realized and the competitive position of the City is not jeopardized by undermining the market performance of effective existing commercial uses.

City of Indian Well IIA-23 General Plan

II. Community Development IIA. Land Use
IIA4.4 Continue to utilize Redevelopment activities to improve the City's fiscal position.

Expenditure Control Policies
IIA4.5 Require that development pay its pro-rata share of the cost of public services and facility expansions required by that development.

IIA4.6 Define benefit -related areas in which appropriate development fees will be established to defray the costs necessary to provide public services to the area.

IIA4.7 Review the fiscal viability of future development projects in terms of net
effect resulting from construction and probable land use activities.

Implementation of the Land Use Element
Indian Wells is authorized by law to utilize a variety of mechanisms to implement the policies of the Land Use
Element. The following summarizes the most common
methods for implementing land use elements. Indian Wells is not limited by the ordinances, plans, and documents listed here.

Zoning Ordinance: The City will update and revise the zoning text and map to ensure State mandated consistency between the General Plan and Zoning Ordinance.

Capital Improvement Program: The City's Capital
Improvement Program is possibly the most important
implementation tool available. Because of this, it will be consistent with, and implement the General Plan.

Specific Plans: Specific plans are implementing tools for general plans and must be consistent with the General Plan, as required by State Government Code Section 65454.

Redevelopment Plan: The Redevelopment Plan must be
consistent with the General Plan.

City of Indian Well IIA-24 General Plan

II. Community Development IIA. Land Use
Design Guidelines and Standards: Design guidelines and
standards are used to preserve and enhance the physical appearance of the City, and therefore must be consistent with the General Plan.

Public Facility and Service Plans: Although the City does not provide water, sewer, fire, police, and other public services, all outside agency plans must be consistent with the General Plan.

Hillside Management Plan: The City will revise the Hillside Management Ordinance for the area within the Santa Rosa and San Jacinto Mountains to be consistent with the
Coachella Valley Multiple Habitat Conservation Plan
(CVMSHCP).

The Land Use Element's success is the responsibility of all City residents and staff, the development community, service agencies, and City decision-makers. All land use actions by the City should be directed towards the implementation of the policies identified in this Element.

City of Indian Well IIA-25 General Plan

26529.00041\42253980.3
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

INDIAN WELLS, CALIFORNIA, ADDING, PURSUANT TO AN
ADOPTED ADDENDUM TO THE CITY ’S GENERAL PLAN

ENVIRONMENTAL IMPACT REPORT IN COMPLIANCE WITH

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
CHAPTER 21.37 AND AMENDING SECTIONS 21.12.20 AND

21.12.030 OF THE CITY’S ZONING CODE AND APPROVING
ZONE MAP AMENDMENT 2024 -01 TO ADD A PUBLIC
BENEFIT LAND USE AND ZONING DESIGNATION ; AND

DIRECTING STAFF TO FILE A NOTICE OF DETERMINATION
WHEREAS, the City of Indian Wells, California (the “City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules , and regulations by cities as a means of implementing the General Plan; and
WHEREAS, the City has the authority under Article 11, Section 5 of the California Constitution and the City Charter to make, amend , and enforce all ordinances and regulations with respect to municipal affairs; and
WHEREAS, the City desires and intends to add Chapter 21.37 and Amend sections

21.12.20 and 21.12.030 of the City’s Zoning Ordinance to implement Program 3 (Production of New Housing Units) of the City’s adopted 6th Cycle Housing Element to change the existing Residential Medium Density Zone at the 34-acre vacant property on the northeast corner of Miles Avenue and Warner Trail (APN: 633-360-002) to establish a new Public Benefit Zone, which will accommodate the City’s lower income RHNA shortfall; and WHEREAS, by Resolution, the City Council adopted an Addendum to the Programmatic General Plan Environmental Impact Report (SCH No. 94092037) (“PEIR”) pursuant to Public Resources Code Section 21166 and California Environmental Quality Act ( “CEQA”) Guidelines Sections 15162 and 15164; and
WHEREAS, the City has independently reviewed and considered the previously certified PEIR and adopted Addenda and other documents in the record before it and has determined that the Zone Text and Zone Map Amendments would not result in any new significant environmental impacts or a substantial increase in the severity of previously identified significant environmental impacts and has therefore; and
WHEREAS, notice of a public hearing of the City Council of the City of Indian Wells to consider this Ordinance was given in accordance with applicable law; and WHEREAS, on May 16, 2024, a public hearing on this Ordinance was held by the City Council; and
WHEREAS, after careful consideration of the staff report and all the information, evidence, and testimony presented at its public hearing, the City Council finds that this Ordinance is consistent with General Plan goals and policies pertaining to land development, city image, orderly growth, and economic development.

ATTACHMENT #3

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City of Indian Wells
Ordinance No. ___

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

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

SECTION 2. The City Council has reviewed and considered the information contained in the certified PEIR and adopted Addenda and all supporting documentation, copies of which are on file at the City’s office and are incorporated by reference as though set forth fully herein. Based on this review, the City finds that any comments received regarding the Zone Text and Zone Map Amendments have been examined and determined to not modify the significant conclusions of the PEIR and adopted Addenda. The City further finds that no additional feasible mitigation measures within the City ’s authority are necessary to reduce the environmental impacts of the Zone Text and Zone Map Amendments , because all impacts of the Zone Text and Zone Map Amendments are either less than significant, will be mitigated to a level of less than significant through compliance with the existing mitigation, or remain significant and unavoidable even with the imposition all of feasible mitigation. Finally, based on the substantial evidence set forth in the record, including but not limited to the certified PEIR and adopted Addenda, the City finds that none of the conditions triggering the need for subsequent environmental review have occurred.

Specifically, the City finds that no subsequent environmental review is required pursuant to State CEQA Guidelines section 15162 because:

a. No substantial changes are proposed by the Zone Text and Zone Map Amendments which will require major revisions of the PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

b. No substantial changes have occurred with respect to the circumstances under which the Zone Text and Zone Map Amendments is being undertaken which will require major revisions of the PEIR due to the involvement of new significant, environmental effects or a substantial increase in the severity of previously identified significant effects; and

c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the PEIR was certified, shows that:
(i) either the Zone Text and Zone Map Amendments will have one or more new significant effects; (ii) significant effects of modifications to the Project examined in the PEIR will be substantially more severe; (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Zone Text and Zone Map Amendments , but the City declined to adopt the measure or alternative; or (iv) mitigation measures or alternatives which are considerably different from those analyzed in t he PEIR and adopted Addenda would substantially reduce one or more significant effects on the environment of the Zone Text and Zone Map Amendments, but the City declines to adopt the measure or alternative.

SECTION 3. Findings. In accordance with Section 21.06.015 of the City of Indian Wells Zoning Code, the following findings for approving General Plan Amendment No. 2024-02 are made:

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

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

FACT: The amendment will replace the current Residential Medium Density ( “RMD”) land use designation for the site with a new Public Benefit land use designation. The amendment is internally consistent with the goals and objectives, and policies of the General Plan, including the Land Use Element and the adopted Housing Element. The adopted Housing Element 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 Program 3 of the adopted Housing for a future General Plan Amendment and Development Code Amendment to establish residential densities consistent with those identified in the Housing Element Update for the subject property. The City’s formal adoption of General Plan Amendment 2024-02 will result in implementation of this Housing Element program to help satisfy the City’s lower income RHNA.

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

FACT: Designating the new Public Benefit land use at the site will facilitate lower income housing opportunities within the City which will directly benefit citizens with a wide range of economic backgrounds, including workforce housing, disadvantaged groups, a nd those with special housing needs. The allowable park, recreation, and open space amenities will promote health, safety, convenience and the general welfare for residents and visitors.

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

FACT: The affordable housing, park, recreation and opens space uses allowed within the Public Benefit zone will provide a greater diversity of housing types, such as multifamily, condominiums, and townhomes, while allowing for greater recreational opportunities at the site as compared to the existing RMD land use designation. This will allow both younger and older generations of Indian Wells’ residents to remain in the community while attracting a broader economic base of residents to the City. The amendment will protect and enhance established neighborhoods while helping the City evolve into a more integrated, walkable, and cohesive community.

4. In case of an amendment to the General Plan Land Use Plan (i.e., Map), the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use developments(s).

FACT: The Project does not propose site -specific development; rather, it involves amendments to the General Plan Land Use Element, Zoning Code, and General Plan Land Use/Zoning Map to implement the required rezoning program to accommodate the City’s RHNA. The parcel proposed for amendments under the Project (APN 633 -360- 002) is designated Medium Density Residential, allowing for the development of up to 238 residential dwelling units. Similarly, the Project’s proposed PB-1 designation would

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

4 allow for the development of up to 238 units. The parcel is bounded by Warner Trail, followed by single-family residential uses to the west; institutional uses (Gerald R. Ford Elementary School) to the north; the Indian Wells Tennis Garden to the east; and Miles Avenue, followed by the Whitewater River flood control channel to the south. The area surrounding the site is generally developed and served by existing roadways and utilities. Future residential development of the site would be consistent with the land use and zoning of adjacent properties and would be a continuation of existing uses within the surrounding area. Implementation of the Project would not physically divide an established community, as residential development has been anticipated within this area and would be evaluated at the project level for consistency with the City’s General Plan goals and policies.

SECTION 4. Code Amendments and Additions. The Indian Wells Zoning Code is hereby amended as set forth in Attachment “A” hereto and incorporated herein by reference.

SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk ’s office located at 44950 Eldorado Drive, Indian Wells, CA 92210. The custodian of these records is the City Clerk.

SECTION 6. Severability. If any section, sentence, clause, or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses , or phrases be declared invalid or unconstitutional.

SECTION 7. Effective Date. This Ordinance takes effect 30 days following its adoption.

SECTION 8. Notice of Determination. The City Council hereby directs staff to prepare, execute and file with the County Clerk and Office of Planning and Research a Notice of Determination within five working days of first reading of this Ordinance.

SECTION 9. Publication. The City Clerk shall certify to the adoption of this Ordinance.

Not later than 15 days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Indian Wells.

(Signatures on following page)

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

5 PASSED, APPROVED AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the 16th day of May, 2024.

______________________________

GREG SANDERS
MAYOR

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS )

CERTIFICATION FOR ORDINANCE NO. ____

I, Angelica Avila, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. ___, having been regularly introduced at the meeting of May 16, 2024, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the ___of ______, 2024 said ordinance was passed and adopted by the following stated vote, to wit:

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

ATTEST: APPROVED AS TO FORM:

_____________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER LLP

CITY ATTORNEY

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

6 ATTACHMENT “A”

ZONING CODE AMENDMENTS
CHAPTER 21.37 (Public Benefit Zone Development Standards) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby added in its entirely as follows:

21.37.010 General.

This Chapter contains the regulations for the Public Benefit Zone established by the City. The actual designation of each area will be PB followed by a corresponding number (e.g., PB-1).

21.37.020 Purpose.

The purpose of the Public Benefit Zone is to provide space for the provision of uses that are beneficial to the public, including affordable housing and supporting uses, such as public park, recreation, open space, and parking.

21.37.030 Permitted uses.

The following uses are permitted in the Public Benefit Zone:
a) Accessory Structures
b) Public Parking
c) Recreational Facilities/Sports Complex Non-Commercial d) Residential/Attached
e) Residential/Cluster Development
f) Small Family Day Care
g) Agriculture, subject to approval of a Conditional Use Permit h) Antennas, Residential, subject to approval of a Conditional Use Permit i) Antennas, Commercial, subject to approval of a Conditional Use Permit j) Day Care Center, subject to approval of a Conditional Use Permit k) Utility Buildings & Facilities, subject to approval of a Conditional Use Permit l) Other uses which benefit the public which the City Council may designate from time to time

21.37.040 General development requirements.

The following general development standards apply to PB-1:
a) Up to a maximum of 29 percent, and less than 10 acres, may be developed with residential uses (“Residential Area”).
b) The maximum number of residential units that may be within the Residential Area is 238 units.

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

7 21.37.050 Residential development standards.

The following standards apply to residential development in PB-1:
a) Development Standards Table:

Item Standard
• Minimum density • 20 du/gross acre
• Maximum density • 24 du/gross acre
• Maximum building height • 35 feet
• Minimum setbacks
• Front
• Side
• Rear
•
• 15 feet
• 10 feet
• 10 feet
• Minimum distance between main
buildings
• 10 feet
b) Residential uses shall occupy at least 50 percent of the total gross floor area of a mixed- use development.
c) For developments in which 20 percent or more of the units are affordable to lower income households (income and affordability levels set forth in Sections 50079.5, 50093, and 50105 of the Health and Safety Code shall apply), owner-occupied and rental multifamily uses are considered a use by right pursuant to subdivisions (h) and (i) of Government Code Section 65583.2 and shall be reviewed ministerially by the Director. d) An applicant for a project pursuant to this Section may apply for a density bonus, incentives or concessions, waivers or reductions in development standards, and reduced parking ratios in accordance with Government Code Section 65915 and Section 21.20.040.

21.37.060 Residential design standards.

Residential development within the Public Benefit Zone must implement the following design standards which are intended to provide developers, builders, and architects with a clear standard of the desired site design characteristics.
a) Site design and parking

1. Primary building entrances (individual or shared) must include at least two of the following building materials: stucco, brick, stone, or wood. Entrances that do not face a public street and sidewalk (such as within deep or large lots) must face an interna l pedestrian path that connects to a public sidewalk.

2. At least two different building types must be included in projects with multiple buildings. Building types must be differentiated through variations to building materials, color, rooflines, and the use of architectural features such as awnings and light fixtures.

3. Lighting must be recessed or hooded and downward directed.

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

8 4. All surface level parking areas, covered and uncovered, must be screened from public streets. Screening must be accomplished through building placement, landscaping, a planted berm, decorative fencing with vines, topography, or some combination of the above. Landscaping used for screening purposes must be no less than two feet wide (from the back of the sidewalk or street curb to the parking lot paving, whichever is greater) and no less than forty-two inches in height.

5. Structured parking must be designed such that all lighting is fully shielded and automobile headlamps within the structure are not visible from adjacent buildings, parcels, or streets. The minimum height of screening for automobile headlights must be forty-two inches in height.

6. Parking areas must be separated from any building by a sidewalk or landscaping with a minimum width of five feet.
b) Building design

1. Blank walls (façades without doors, windows, landscaping treatments) must be less than thirty feet in length.

2. Buildings three stories and over must provide three distinctive materials, each a minimum of ten percent of the total street-facing building façade, and a minimum of two different building colors. Distinctive building materials must include a combination of stucco, brick, stone, and wood.

3. Trim surrounds or recessed windows with a minimum depth of three inches must be provided at all exterior windows and door openings.

4. Exterior front doors must be recessed a minimum of three feet or have a covered porch with a minimum depth of six feet.

5. Exterior walls must include two or more of the following: windows, trellises, arcades, roof overhangs, recessed or projected massing, columns, balconies, wainscots, or awnings.

6. Exterior stairwells must not be directly visible from the street. For safety and security, exterior stairwells must be oriented to interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and must not be separated from these areas by landscaping, fences, or walls taller than three feet. c) Massing and articulation

1. All building walls must have at least one minor massing break every fifty (50) lineal feet. A “minor massing break” means a variation in setback or a building entry, recess, or structural bay or other projection. A minor massing break that is a setback, recess, or projection must be at least twelve inches deep and four feet wide.

2. Buildings over three stories tall must have at least one major massing break every one hundred lineal feet along all street frontages, adjacent public park, publicly accessible outdoor space, or open space area. A “major massing break ” means a variation in setback or a building entry that is at least seventy -two inches deep and sixty inches wide and that extends the full height of the building.

3. Rooflines, whether pitched or flat, must be vertically articulated at least every fifty feet along the street frontage. “Vertically articulated” means one or more of the following:
a parapet, a variation in cornice, a reveal, a clerestory window or windows, or a variation in roof height or form.

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

9 21.37.070 Nonresidential development.

All nonresidential improvements within the Public Benefit Zone must be consistent with accepted public use and/or park and recreation development standards and consistent with the objective to provide uses that are beneficial to the public.

21.37.080 Parking.

See Section 21.100.010.

21.37.090 Structure appendages and projections.

See Section 21.27.110.

21.37.100 Landscaping.

See Section 21.60 Architecture and Landscape Review

21.37.110 Roof mounted equipment.

See Section 21.27.140.

21.37.120 Utilities.
a) All utilities services must be installed underground to the buildings. b) All utilities such as gas meters, electrical meters, telephone pedestal -mounted terminal boxes, surface -mounted electrical transformers, fire hydrants or any other potential obstructions must not be located within the required parking or turning area or driveway. c) All utility meters must be screened by architectural means from view from public or private streets.

21.37.130 Antennas.

See Section 21.90.060.

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

10 SECTION 21.12.020 (Land use categories) of Chapter 21.12 (Establishment of Land Use Categories, Planning Areas and Overlay Zones) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby amended as follows:
“The chart on the following page shows a listing of the land use categories established by this division. The land use categories established by this division are defined and labeled in the chart.

The label is used for identification and reference.

LAND USE CATEGORIES - CHART

CATEGORY LABEL DESIGNATION DEVELOPMENT

STANDARD

DEVELOPMENT

CHARACTERISTICS
Residential NPR Natural Preserve 1 du/40 gross
acres
Privately owned lands in the Santa
Rosa Mountain range along the
southern half of City. Limited
residential development is permitted
subject to restrictions of a Hillside
Management Ordinance.

Residential RVLD Very Low
Density
1 – 3 du/gross
acre
Single family detached homes on
large lots, often custom designed.

Residential RLD Low Density 3.1—4.5
du/gross acre
Single family detached subdivisions.

Residential RMD Medium Density 4.6—7.0
du/gross acre
Small lot, detached and/or attached
single-family dwellings.

Residential RMHD Medium High
Density

7.1—12.0
du/gross acre
Lower density town homes,
condominiums and apartments.

Would accommodate congregate
housing facilities for seniors.

Residential RVLD/
GOLF/
CELL
Wireless Facility
Overlay
Commercial Antenna per
Section 21.48.080 that allows
consideration of wireless facilities in
conjunction with a clubhouse facility
that has a land use designation of
Residential Very Low Density Zone
with Golf Course Overlay.

Commercial CC Community
Commercial

0.75 FAR* A wide range of facilities, including
grocery stores, retail shops and
restaurants, resorts, and services,
such as dry cleaners and shoe repair.

Commercial RC Resort
Commercial

0.25 FAR* Resort hotels, resort complexes, and
ancillary tourist commercial uses and
condo-hotels.

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

11 Commercial PO Professional
Office

0.50 FAR* Administrative and professional
offices such as financial institutions,
medical/dental offices, law offices,
and related commercial facilities.

Public/Quasi
Public
PB Public Benefit 8.0-24.0
du/gross acre in
“Residential
Area”
A limited range of uses providing
public benefits, including affordable
housing and supporting uses, such as
public park, recreation, open space,
and parking.

Public/Quasi
Public
PF Public Facilities Civic Center and other publicly-owned facilities.

Public/Quasi
Public
PP Public
Parks/Recreation
Publicly-owned parks.

Open Space GOLF Golf Course
Overlay
Overlay zone applied to public and
private golf course facilities.

Open Space WC Watercourse Areas subject to flood hazard (see definition, Section 21.08.477)
Open Space POS Public-Owned
Open Space
Publicly-owned open space lands.

Comprised predominantly of Federal,
State, and City-owned lands in the
Santa Rosa Mountains.

Open Space COS Country Club
Open Space
Privately-owned deed-restricted open
space land.

Senior
Housing
SHO Senior Housing
Overlay
Overlay zone applied to sites
proposed for Senior Housing projects.

Affordable
Housing
AHO Affordable
Housing Overlay
Overlay zone applied to sites
proposed for Affordable Housing
projects.

Special
Study Area
SSAO Special Study
Area Overlay
Overlay zone that allows alternative
land use consideration on sites that
offer unique planning and/or
economic opportunities.
*Floor Area Ratio: A ratio of the floor area of building permitted on a given building site.

Example: 0.25 FAR would permit a maximum of 10,000 square feet of building floor area on a 40,000 square foot building site.

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

12 SECTION 21.12.030 (Land use matrix) of Chapter 21.12 (Establishment of Land Use Categories, Planning Areas and Overlay Zones) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby amended as follows:
“This section includes a matrix which lists the uses and indicates whether or not each use is permitted (P) or conditional (C) in each land use category. Prohibited uses are represented by an (X). Conditional uses listed in this section must be applied for in accordance with Section

21.06.040, Conditional Use Permits. In the event any of the prohibitions of uses set forth is held invalid or inapplicable for any reason whatsoever, then such use shall be categorized by the Community Development Director and d eclared subject to a Conditional Use Permit. See Land Use Matrix Table on the following pages.

LAND USE MATRIX TABLE
TYPE

RESIDENTIAL COMMERCIAL PUBLIC

NPR RVLD RLD RMD RMHD CC RC OP SPX PB PF PP WC POS
Accessory Structures C P P P P C C C C P P P C C
Agriculture C C C C C C C C X C C C C C
Amusement Arcades X X X X X X C X X X X X X X
Amusement Park X X X X X X C X X X X X X X
Antennas, Residential X C C C C C C C X C C C X X
Antennas, Commercial X X X X X C C C C C C C X X
Antennas, Commercial (RVLD
w/Golf Course Overlay)

X C X X X X X X X X X X X X
Auto Service Stations X X X X X X X X X X X X X X
Bar, Tavern, Cocktail Lounge X X X X X X C X X X X X X X Boarding House/Rooming
House

X X X X X C X X X X X X X X
Caretakers Quarters C C C C C C C C C X C X X C
Churches X X X X X C X X X X X X X X
Cigar Club, including with on-
site alcohol sales

X X X X X C X X X X X X X X
Clinics X X X X X C X C X X X X X X
Condominium Hotels X X X X X X C X X X X X X X
Hotel Conversion to
Condominium

X X X X X X X X X X X X X X
Conference/Convention
Facility

X X X X X X C X C X X X X X
Convalescent Home X X X X X C X C X X X X X X
Country Clubs/Golf Courses C C C C C C C X X X X X C X
Day Care Center X X X C C C C C X C C X X X
Emergency Generator 15,000
Kilowatt or Less

X P P P P X X X X P X X X X
Government Facilities X X X X X X X C C X C C X C
Fraternal and Service Clubs X X X X X C X X X X X X X X Health Clubs X X X X X C X X X X X X X X
Hospitals X X X X X X X X X X X X X X
Hotel/Resort Hotel X X X X X C C X X X X X X X
Large Family Day Care X C C C C C X X X C X X X X

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

13 LAND USE MATRIX TABLE
TYPE

RESIDENTIAL COMMERCIAL PUBLIC

NPR RVLD RLD RMD RMHD CC RC OP SPX PB PF PP WC POS
Library X X X X X X X X X X C X X X
Limited Deli X X X X X X X C X X X X X X
Non-Commercial Banks X X X X X C X C X X X X X X
Manufactured Structures P P P P P X X X X X X X X X
Theater (Motion Picture
Theater)

X X X X X C C X X X X X X X
Museums/Art Galleries X X X X X C C C C X C C X X
Offices—
Admin./Business/Professional

X X X X X C C C X X X X X X
Private Educational Facilities X X X X X C X X X X X X X X Public Parking X X X X X P P P P P P X X X
Recreational Facilities/Non-
Commercial

X C C C C X X X X P C C X X
Residential/Attached X C C P P X X X X P X X X X
Residential/Single-Family
Detached

C P P P P X X X X X X X X X
Residential/Cluster
Development

C C C C C X X X X P X X X X
Residential/Second Units P P P P P X X X X X X X X X
Restaurants/Sit Down X X X X X C C X X X X X X X
Retail and Service Businesses X X X X X C C X X X X X X X Small Family Day Care X P P P P X X X X P X X X X
Sports Complex X X X X X X X X C X X X X X
Utility Buildings & Facilities C C C C C C C C C C C C X X Vehicle Sales/Service X X X X X C X X X X X X X X
Wind Turbines X X X X X X X X X X X X X X
Uses defined in Chapter 5.24,
Municipal Code, including
bathhouses, escort services,
introductory services, and
massage parlors.

X X X X X C C X X X X X X X
Uses defined in Chapter 5.30,
Sexually Oriented Businesses,
including adult arcade, adult
Cabaret, adult bookstore, adult
motel, adult motion picture
theater, adult theater, nude
model studio, sexual
encounter establishment.

X X X X X C C X X X X X X X

RESIDENTIAL COMMERCIAL PUBLIC/QUASI PUBLIC
NPR - Natural Preserve CC - Community
Commercial
PB – Public Benefit P = Permitted
RVLD - Very Low Density RC - Resort Commercial PF - Public Facilities C = Conditional; Conditional Use Permit Required RLD - Low Density OP - Office Professional PP - Public Parks/Recreation
RMD - Medium Density POS - Public Open Space WC - Watercourse X = Prohibited RMHD - Medium High
Density
SPX - Sports Complex

26529.00041\42253980.3

City of Indian Wells
Ordinance No. ___

14

VICINITY MAP ATTACHMENT #4

ATTACHMENT #5
LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text CHAPTER 21.37 (Public Benefit Zone Development Standards) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby added in its entirely as follows (additions in red text; deletions in strikethrough text):

21.37.010 General.

This Chapter contains the regulations for the Public Benefit Zone established by the City. The actual designation of each area will be PB followed by a corresponding number (e.g., PB-1).

21.37.020 Purpose.

The purpose of the Public Benefits Zone is to provide space for the provision of uses that are beneficial to the public, including affordable housing and supporting uses, such as public park, recreation, open space, and parking.

21.37.030 Permitted uses.

The following uses are permitted in the Public Benefit Zone:
a) Accessory Structures
b) Public Parking
c) Recreational Facilities/Sports Complex Non-Commercial d) Residential/Attached
e) Residential/Cluster Development
f) Small Family Day Care
g) Agriculture, subject to approval of a Conditional Use Permit h) Antennas, Residential, subject to approval of a Conditional Use Permit i) Antennas, Commercial, subject to approval of a Conditional Use Permit j) Day Care Center, subject to approval of a Conditional Use Permit k) Utility Buildings & Facilities, subject to approval of a Conditional Use Permit l) Other uses which benefit the public which the City Council may designate from time to time

21.37.040 General development requirements.

The following general development standards apply to PB-1:
a) Up to a maximum of 29 percent, and less than 10 acres, may be developed with residential uses (“Residential Area”).
b) The maximum number of residential units that may be within the Residential Area is 238 units.
1 26529.00000\34890307.2

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text

21.37.050 Residential development standards.

The following standards apply to residential development in PB-1:
a) Development Standards Table:

Item Standard
Minimum density 20 du/gross acre
Maximum density 24 du/gross acre
Maximum building height 35 feet
Minimum setbacks
• Front
• Side
• Rear
15 feet
10 feet
10 feet
Minimum distance between main buildings 10 feet
b) Residential uses shall occupy at least 50 percent of the total gross floor area of a mixed - use development.
c) For developments in which 20 percent or more of the units are affordable to lower income households (income and affordability levels set forth in Sections 50079.5, 50093, and 50105 of the Health and Safety Code shall apply), owner-occupied and rental multifamily uses are considered a use by right pursuant to subdivisions (h) and (i) of Government Code Section 65583.2 and shall be reviewed ministerially by the Director. d) An applicant for a project pursuant to this Section may apply for a density bonus, incentives or concessions, waivers or reductions in development standards, and reduced parking ratios in accordance with Government Code Section 65915 and Section 21.20.040.

21.37.060 Residential design standards.

Residential development within the Public Benefit Zone must implement the following design standards which are intended to provide developers, builders, and architects with a clear standard of the desired site design characteristics.
a) Site design and parking

1. Primary building entrances (individual or shared) must include at least two of the following building materials: stucco, brick, stone, or wood. Entrances that do not face a public street and sidewalk (such as within deep or large lots) must face an internal pedestrian path that connects to a public sidewalk.

2. At least two different building types must be included in projects with multiple buildings. Building types must be differentiated through variations to building materials, color, rooflines, and the use of architectural features such as awnings and light fixtures.

3. Lighting must be recessed or hooded and downward directed. 2 26529.00000\34890307.2

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text

4. All surface level parking areas, covered and uncovered, must be screened from public streets. Screening must be accomplished through building placement, landscaping, a planted berm, decorative fencing with vines, topography, or some combination of the above. Landscaping used for screening purposes must be no less than two feet wide (from the back of the sidewalk or street curb to the parking lot paving, whichever is greater) and no less than forty-two inches in height.

5. Structured parking must be designed such that all lighting is fully shielded and automobile headlamps within the structure are not visible from adjacent buildings, parcels, or streets. The minimum height of screening for automobile headlights must be forty-two inches in height.

6. Parking areas must be separated from any building by a sidewalk or landscaping with a minimum width of five feet.
b) Building design

1. Blank walls (façades without doors, windows, landscaping treatments) must be less than thirty feet in length.

2. Buildings three stories and over must provide three distinctive materials, each a minimum of ten percent of the total street- facing building façade, and a minimum of two different building colors. Distinctive building materials must include a combination of stucco, brick, stone, and wood.

3. Trim surrounds or recessed windows with a minimum depth of three inches must be provided at all exterior windows and door openings.

4. Exterior front doors must be recessed a minimum of three feet or have a covered porch with a minimum depth of six feet.

5. Exterior walls must include two or more of the following: windows, trellises, arcades, roof overhangs, recessed or projected massing, columns, balconies, wainscots, or awnings.

6. Exterior stairwells must not be directly visible from the street. For safety and security, exterior stairwells must be oriented to interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and must not be separated from th ese areas by landscaping, fences, or walls taller than three feet. c) Massing and articulation

1. All building walls must have at least one minor massing break every fifty (50) lineal feet. A “minor massing break” means a variation in setback or a building entry, recess, or structural bay or other projection. A minor massing break that is a setback, recess, or projection must be at least twelve inches deep and four feet wide.

2. Buildings over three stories tall must have at least one major massing break every one hundred lineal feet along all street frontages, adjacent public park, publicly accessible outdoor space, or open space area. A “major massing break” means a variation in setback or a building entry that is at least seventy-two inches deep and sixty inches wide and that extends the full height of the building.

3. Rooflines, whether pitched or flat, must be vertically articulated at least every fifty feet along the street frontage. “Vertically articulated” means one or more of the following:
3 26529.00000\34890307.2

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text a parapet, a variation in cornice, a reveal, a clerestory window or windows, or a variation in roof height or form.

21.37.070 Nonresidential development.

All nonresidential improvements within the Public Benefit Zone must be consistent with accepted public use and/or park and recreation development standards and consistent with the objective to provide uses that are beneficial to the public.

21.37.080 Parking.

See Section 21.100.010.

21.37.090 Structure appendages and projections.

See Section 21.27.110.

21.37.100 Landscaping.

See Section 21.60 Architecture and Landscape Review

21.37.110 Roof mounted equipment.

See Section 21.27.140.

21.37.120 Utilities.
a) All utilities services must be installed underground to the buildings. b) All utilities such as gas meters, electrical meters, telephone pedestal- mounted terminal boxes, surface -mounted electrical transformers, fire hydrants or any other potential obstructions must not be located within the required parking or turning area or driveway. c) All utility meters must be screened by architectural means from view from public or private streets.

21.37.130 Antennas.

See Section 21.90.060.
4 26529.00000\34890307.2

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text SECTION 21.12.020 (Land use categories) of Chapter 21.12 (Establishment of Land Use Categories, Planning Areas and Overlay Zones) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby amended as follows (additions in red text; deletions in strikethrough text):
“The chart on the following page shows a listing of the land use categories established by this division. The land use categories established by this division are defined and labeled in the chart.

The label is used for identification and reference.

LAND USE CATEGORIES - CHART

CATEGORY LABEL DESIGNATION DEVELOPMENT

STANDARD

DEVELOPMENT

CHARACTERISTICS
Residential NPR Natural Preserve 1 du/40 gross acres Privately owned lands in the Santa Rosa Mountain range
along the southern half of City.

Limited residential development
is permitted subject to
restrictions of a Hillside
Management Ordinance.

Residential RVLD Very Low
Density
1 – 3 du/gross acre Single family detached homes
on large lots, often custom
designed.

Residential RLD Low Density 3.1—4.5 du/gross
acre
Single family detached
subdivisions.

Residential RMD Medium Density 4.6—7.0 du/gross
acre
Small lot, detached and/or
attached single-family
dwellings.

Residential RMHD Medium High
Density

7.1—12.0 du/gross
acre
Lower density town homes,
condominiums and apartments.

Would accommodate
congregate housing facilities for
seniors.

Residential RVLD/
GOLF/
CELL
Wireless Facility
Overlay
Commercial Antenna per
Section 21.48.080 that allows
consideration of wireless
facilities in conjunction with a
clubhouse facility that has a
land use designation of
Residential Very Low Density
Zone with Golf Course Overlay.

Commercial CC Community
Commercial

0.75 FAR* A wide range of facilities,
including grocery stores, retail
shops and restaurants, resorts,
5 26529.00000\34890307.2

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text

and services, such as dry
cleaners and shoe repair.

Commercial RC Resort
Commercial

0.25 FAR* Resort hotels, resort complexes,
and ancillary tourist commercial
uses and condo-hotels.

Commercial PO Professional
Office

0.50 FAR* Administrative and professional
offices such as financial
institutions, medical/dental
offices, law offices, and related
commercial facilities.

Public/Quasi
Public
PB Public Benefit 8.0-24.0 du/gross
acre in
“Residential Area”
A limited range of uses
providing public benefits,
including affordable housing
and supporting uses, such as
public park, recreation, open
space, and parking.

Public/Quasi
Public
PF Public Facilities Civic Center and other publicly-
owned facilities.

Public/Quasi
Public
PP Public
Parks/Recreation
Publicly-owned parks.

Open Space GOLF Golf Course
Overlay
Overlay zone applied to public
and private golf course
facilities.

Open Space WC Watercourse Areas subject to flood hazard (see definition,
Section 21.08.477)
Open Space POS Public-Owned
Open Space
Publicly-owned open space
lands. Comprised predominantly
of Federal, State, and City-
owned lands in the Santa Rosa
Mountains.

Open Space COS Country Club
Open Space
Privately-owned deed-restricted
open space land.

Senior
Housing
SHO Senior Housing
Overlay
Overlay zone applied to sites
proposed for Senior Housing
projects.

Affordable
Housing
AHO Affordable
Housing Overlay
Overlay zone applied to sites
proposed for Affordable
Housing projects.

Special Study
Area
SSAO Special Study
Area Overlay
Overlay zone that allows
alternative land use
consideration on sites that offer
6 26529.00000\34890307.2

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text unique planning and/or
economic opportunities.
*Floor Area Ratio: A ratio of the floor area of building permitted on a given building site.

Example: 0.25 FAR would permit a maximum of 10,000 square feet of building floor area on a 40,000 square foot building site.
7 26529.00000\34890307.2

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text SECTION 21.12.030 (Land use matrix) of Chapter 21.12 (Establishment of Land Use Categories, Planning Areas and Overlay Zones) of Title 21 (Zoning Code) of the Indian Wells Municipal Code is hereby amended as follows (additions in red text; deletions in strikethrough text):
“This section includes a matrix which lists the uses and indicates whether or not each use is permitted (P) or conditional (C) in each land use category. Prohibited uses are represented by an (X). Conditional uses listed in this section must be applied for in accordance with Section

21.06.040, Conditional Use Permits. In the event any of the prohibitions of uses set forth is held invalid or inapplicable for any reason whatsoever, then such use shall be categorized by the Community Development Director and declared subject to a Conditional Use Permit. See Land Use Matrix Table on the following pages.

LAND USE MATRIX TABLE
TYPE

RESIDENTIAL COMMERCIAL PUBLIC

NPR RVLD RLD RMD RMHD CC RC OP SPX PB PF PP WC POS
Accessory Structures C P P P P C C C C P P P C C
Agriculture C C C C C C C C X C C C C C
Amusement Arcades X X X X X X C X X X X X X X
Amusement Park X X X X X X C X X X X X X X
Antennas, Residential X C C C C C C C X C C C X X
Antennas, Commercial X X X X X C C C C C C C X X
Antennas, Commercial (RVLD
w/Golf Course Overlay)

X C X X X X X X X X X X X X
Auto Service Stations X X X X X X X X X X X X X X
Bar, Tavern, Cocktail Lounge X X X X X X C X X X X X X X Boarding House/Rooming House X X X X X C X X X X X X X X Caretakers Quarters C C C C C C C C C X C X X C
Churches X X X X X C X X X X X X X X
Cigar Club, including with on-
site alcohol sales

X X X X X C X X X X X X X X
Clinics X X X X X C X C X X X X X X
Condominium Hotels X X X X X X C X X X X X X X
Hotel Conversion to
Condominium

X X X X X X X X X X X X X X
Conference/Convention Facility X X X X X X C X C X X X X X Convalescent Home X X X X X C X C X X X X X X
Country Clubs/Golf Courses C C C C C C C X X X X X C X
Day Care Center X X X C C C C C X C C X X X
Emergency Generator 15,000
Kilowatt or Less

X P P P P X X X X P X X X X
Government Facilities X X X X X X X C C X C C X C
Fraternal and Service Clubs X X X X X C X X X X X X X X Health Clubs X X X X X C X X X X X X X X
Hospitals X X X X X X X X X X X X X X
Hotel/Resort Hotel X X X X X C C X X X X X X X
Large Family Day Care X C C C C C X X X C X X X X
Library X X X X X X X X X X C X X X
8 26529.00000\34890307.2

-
-
I
LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text

LAND USE MATRIX TABLE
TYPE

RESIDENTIAL COMMERCIAL PUBLIC

NPR RVLD RLD RMD RMHD CC RC OP SPX PB PF PP WC POS
Limited Deli X X X X X X X C X X X X X X
Non-Commercial Banks X X X X X C X C X X X X X X
Manufactured Structures P P P P P X X X X X X X X X
Theater (Motion Picture Theater) X X X X X C C X X X X X X X Museums/Art Galleries X X X X X C C C C X C C X X
Offices—
Admin./Business/Professional

X X X X X C C C X X X X X X
Private Educational Facilities X X X X X C X X X X X X X X Public Parking X X X X X P P P P P P X X X
Recreational Facilities/Non-
Commercial

X C C C C X X X X P C C X X
Residential/Attached X C C P P X X X X P X X X X
Residential/Single-Family
Detached

C P P P P X X X X X X X X X
Residential/Cluster Development C C C C C X X X X P X X X X Residential/Second Units P P P P P X X X X X X X X X
Restaurants/Sit Down X X X X X C C X X X X X X X
Retail and Service Businesses X X X X X C C X X X X X X X Small Family Day Care X P P P P X X X X P X X X X
Sports Complex X X X X X X X X C X X X X X
Utility Buildings & Facilities C C C C C C C C C C C C X X Vehicle Sales/Service X X X X X C X X X X X X X X
Wind Turbines X X X X X X X X X X X X X X
Uses defined in Chapter 5.24,
Municipal Code, including
bathhouses, escort services,
introductory services, and
massage parlors.

X X X X X C C X X X X X X X
Uses defined in Chapter 5.30,
Sexually Oriented Businesses,
including adult arcade, adult
Cabaret, adult bookstore, adult
motel, adult motion picture
theater, adult theater, nude model
studio, sexual encounter
establishment.

X X X X X C C X X X X X X X

RESIDENTIAL COMMERCIAL PUBLIC/QUASI PUBLIC
NPR - Natural Preserve CC - Community
Commercial
PB – Public Benefit P = Permitted
RVLD - Very Low Density RC - Resort Commercial PF - Public Facilities C = Conditional; Conditional Use Permit Required RLD - Low Density OP - Office Professional PP - Public Parks/Recreation
RMD - Medium Density POS - Public Open Space WC - Watercourse X = Prohibited RMHD - Medium High
Density
SPX - Sports Complex
9 26529.00000\34890307.2

ATTACHMENT #6
LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text II. Community Development IIA. Land Use
The City of Indian Wells General Plan Land Use Element , Chapter II, is hereby amended as follows (additions in red text; deletions in strikethrough text):

Chapter II: Community Development
IIA. LAND USE
Introduction and Authority
A community's quality of life is most often perceived in terms of the physical development of the land and its setting within the environmental surroundings. Aesthetically pleasing buildings, within well organized and properly distributed developments, help exemplify a community's values. The regulation of land usage, distribution, and intensity is within the domain of the General Plan. The Land Use Element
specifically identifies these items, in both text and map format.

Because of this, the Land Use Element of a general plan is typically the most recognized and referenced element.

The City of Indian Wells originally incorporated in order to control development, preserve the quality of life, and protect the City from the increasing pressures of surrounding
communities. The quality of life in Indian Wells is quite unique and is defined by its environmental beauty, low -scale
development pattern, and world class resorts. The City recognizes that unwarranted encroachment into any of these factors potentially jeopardizes the community's lifestyle.

California Government Code Section 65302(a) states,
"The general plan shall include a land use element
which designates the proposed general distribution and
general location and extent of the use of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty,
education, public building and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land."
Land use designations, goals, and policies identified in this Element are intended to promote orderly development and economic vitality with community character, historical identity, and the stewardship of natural resources.

City of Indian Well IIA-1 General Plan

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The Land Use Element is consistent with all other elements of the General Plan and is based on community values and
goals.

Organization of the Element
This Element is organized in a manner that facilitates clear understanding of the land use conditions in Indian Wells, and the direction for future development in the form of goals and policies. Existing land use conditions are discussed, followed by a description of the land use program, including text and maps. The description of the plan is supported in the goals and policies section. Policy statements are identified to provide specific directions for Indian Wells to achieve the quality of life the residents expect. The final section of this Element addresses various mechanisms the City is authorized to utilize in order to implement the land use policies.

Summary of Existing Conditions
The purpose of this section is to generally describe the City's land use conditions, infrastructure, community services, and fiscal plan as they existed at the time of the Element's update in 2006.

Existing Development Pattern
Indian Wells is characterized by beautiful golf courses, private communities, world- renowned resorts, and beautiful
surroundings. The residents of the City have successfully maintained their high quality of life through prudent use of land use controls. The City currently has many mechanisms to ensure quality development, including but not limited to: the General Plan, Architecture and Landscape Design Standards, the Zoning Code, and private community Covenants,
Conditions, and Restrictions (CC&Rs).

Overall, developed land areas within the Indian Wells General Plan Area encompass approximately 9,348 acres, accounting for 97 percent of the total Plan Area. The majority of the undeveloped land is open space, which includes private open space in golf course residential communities and the steep terrain of the Santa Rosa Mountains in the southern part of the City. The largest areas of vacant, but potentially developable lands, are located at the intersection of Miles Avenue and Washington Street adjacent to the Indian Wells Tennis Garden City of Indian Well IIA-2 General Plan

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and the intersection of Miles Avenue and Highway 111. Other non-developed lands include golf courses, The Living Desert, and drainage channels.

Approximately 20 percent of all developed lands are
residential (not including the private open space area
associated with the residential development. (1980.5 acres).

All single -family residential uses, with few exceptions, are single story. Three story multi -unit structures are located within the Vintage Club community and two- story multi-unit structures are found in the easternmost area of the City, south of Highway 111, in the Racquet Club HOA community.

Non-residential uses include mixed- use retail and office commercial centers and hotel resorts. Four commercial
centers are located on the north and south sides of Highway 111, west of Cook Street. Additional small -scale commercial developments are located along Highway 111, including a center south of the Highway, on the east side of Club Drive and an office on the southwest corner of Highway 111 and Manitou Drive. The resorts are located on the north and south sides of Highway 111, in the central part of the City. The retail and office developments west of Cook Street are one and two stories in height, while the Renaissance Esmeralda Resort, the tallest structure in the City, is seven stories. The remaining vacant land in the City, approximately 278.7 acres, is shown in Figure IIA-1.

Land Use Inventory
Existing Land Uses
A comprehensive land use inventory of all land areas in Indian Wells was conducted in June, 2005 - October 2006. The
inventory was completed utilizing City base maps, aerial photos and a visual survey of the General Plan Area. Land uses, as existed in June, 2005-October 2006, are shown in Figure IIA -1. Land area estimates, by land use type, are identified in Table IIA-1.

Redevelopment
Areas
The City of Indian Wells is strongly committed to
redevelopment activities. Currently, the City h as one redevelopment project areas ; the Consolidated Whitewater Redevelopment Project Area. The Redevelopment Project
Areas is shown in Figure IIA 1.

City of Indian Well IIA-3 General Plan

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Infrastructure and Community Services
The development of land is highly correlated with the ability to provide sites with public infrastructure and services. Adequate distribution systems, along with sufficient human and natural resources, are necessary ingredients to the successful
provision of urban services. The following section provides summary background information on the provision of public services and facilities to the City of Indian Wells.

Water
Water for domestic use, fire flow, agriculture, and irrigation is provided to Indian Wells by the Coachella Valley Water District (CVWD). The District currently encompasses approximately 1,000 square miles. Indian Wells is located within the 400- square mile Whitewater River Subbasin, which includes areas one mile west of the junction of Highway 111 and Interstate 10 to the Salton Sea, 70 miles to the southeast. The Whitewater River Subbasin is further divided into subareas, with Indian Wells located in the Upper Thermal Subarea.

Water Facilities
The major east to west CVWD water lines are located in
Highway 111, Fred Waring Drive, Fairway Drive, and north of the Whitewater River flood control channel in Miles Avenue.

North to south lines are located in Cook Street, Eldorado Drive, Indian Wells Lane, and Elkhorn Trail. A booster pump station is located in the Vintage Club. The City also includes private wells, such as wells located in golf courses for the purpose of watering the facility.

Reclaimed Water
CVWD encourages plans to expand programs for reclamation and reuse of water resources in accordance with California Department of Health Water Quality Guidelines. Reclaimed water is presently available from the CVWD's Plant No. 10, located northerly of the Whitewater River Channel and
easterly of Cook Street. Toscana Country Club signed a
contract in September 2004 to use recycled water on its two 18-hole golf courses.

City of Indian Well IIA-4 General Plan

II t l 11 T I) r
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General Plan
■
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OVERLAYS
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OTHER
- ~ mi Parcels
2006 Existing Land Uses
Figure IIIA.-1
cma n Assoc. October, 2000, LAND USE ELEMENT
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City of Indian Well IIA-5 General Plan

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Table IIA-1. 2006 Existing Land Uses
Land Use
Type
Acreage % of Total* No. of Units
Residential 1,980.5 20.5 4,807**
Commercia,
Office, Sports
Complex
244.0 2.5 *
Open Space,
Parks, Natural
Preserve,
Gold Course,
Recreation
Overlay
6,190.6 64.3 *
Public
Facilities

27.4 0.2 *
Watercourses,
Drainage
Channels
316.2 3.2 *
Streets 589.3 6.1 *
Vacant Land 278.7 2.8 *
TOTAL 9,626.7 100.0 4,807
Source: MBA/EPC GIS Data Base and Survey. Riverside County GIS. * Percentages rounded to equal 100. * *Includes detached and attached housing units per CA. Dept. of Finance, 1/1/2006
City of Indian Well IIA-6 General Plan

,ern,erai Plan
1 I
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' ells. General IPlan
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City of Indian Well IIA-7 General Plan

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Wastewater Service
Indian Wells' sewer services are provided by the Coachella Valley Water District (CVWD). Effluent is transported via sewer lines to the Palm Desert treatment facilities located off Cook Street, northwest of the City limits.

The District’s three major wastewater reclamation plants each have an ultimate capacity of handling 20 million gallons of effluent a day. The largest of the three, The Palm Desert Regional Wastewater Reclamation Plant, serves Indian Wells.

Tertiary, or third stage facilities at this plant allow the District to provide water to serve several area golf courses, including Toscana Country Club.

To handle growth, capacity is being increased at the District’s regional plant in Palm Desert. Improvements include
construction of a 15 million dollar, 24 million gallons per day sludge handling plant to be completed in mid-2007.

Gas
Natural gas is currently supplied by the Southern California Gas Company. Presently, 6 -inch high-pressure supply lines are located in Highway 111 and Cook Street.

Electrical
Distribution
The City of Indian Wells receives electrical service primarily from Southern California Edison Company (SCE). A small portion of the eastern area of the City is served by the Imperial Irrigation District (IID). Southern California Edison's major transmission circuits are located one mile north of the City on Country Club Drive. An electrical substation is located north of Fred Waring Drive, within the City limits.

Solid Waste/Landfills
Indian Wells contracts with Burrtec Waste and Recycling Services for solid waste collection services. Solid waste generated in the area is taken to the Edom Hill transfer station and then delivered to either the El Sobrante Land Canyon or Badlands solid waste landfill.

Burrtec Waste and Recycling Services provides solid waste recycling programs. The programs include recycling grass clippings and other landscape materials into compost for reuse as fertilizer, as well as backyard pick -up service for newspapers, glass, plastic, tin, and aluminum from residential City of Indian Well IIA-8 General Plan

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areas. Commercial recycling includes the above materials plus cardboard and green waste.

Educational Facilities
Desert Sands Unified School District
The City of Indian Wells is part of the Desert Sands Unified School District (DSUSD). Gerald Ford elementary school is the only school in the City and is located at the intersection of Fred Waring Drive and Warner Trail . Palm Desert middle school and Palm Desert high school are located near the City.

Development Fees
The Desert Sands Unified School District bases its fees upon the conclusions in the Residential Development School Fee Justification Study 2005.

The Desert Community College District
The Desert Community College District, known as the College of the Desert (COD), covers 5,479 square miles. It
encompasses five K -12 districts and portions of three
counties: Riverside, San Bernardino, and Imperial. The
District has three educational facilities with the closest campus to Indian Wells located in Palm Desert. The other sites are the Copper Mountain Campus in Joshua Tree and the Eastern
Valley Center in Indio.

Additional College Opportunities
Indian Wells is served by universities and colleges in other cities and counties. The nearest university is the California State University, San Bernardino's Palm Desert campus on which the Indian Wells Center for Educational Excellence and Indian Wells Theater are located. University of California, Riverside (UCR) also has a satellite campus located in Palm Desert. Major universities in Los Angeles, Riverside, and San Diego provide expanded opportunities. Private colleges and vocational schools are also provided in nearby communities.

Libraries
Four branches of the Riverside Public Library/Riverside County Free Library system are located near Indian Wells.

Two branches are in Palm Desert, one branch is in Indio, and one branch is in La Quinta. The City of Indian Wells presently participates in the Riverside County Free Library System. In addition, the City of Indian Wells is also part of the Rancho Mirage Public Library.

City of Indian Well IIA-9 General Plan

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Civic Center
Located on the northeast corner of the Highway 111 and
Eldorado Drive intersection, the Civic Center Complex houses City Hall, a Riverside County Sheriff substation, and Riverside County Fire Station No. 55. A stand of date palms is preserved in front of City Hall, and was dedicated as the City's first park, Indian Wells Date Palm Preserve. City Hall is proposed to be expanded in its present location over the next 5 years.

Hospitals and Health Care Services
Both the private and public sectors are involved in the planning of health facilities. Within the Coachella Valley, several private facilities serve Indian Wells' residents. Eisenhower Medical Center in Rancho Mirage, Desert Regional Medical Center in Palm Springs, and John F. Kennedy Memorial Hospital in
Indio provide the most extensive service at the local level. The Eisenhower Urgent Care Center is located in the City of Indian Wells within the Wall Street West Complex and provides non- emergency health care services to the community.

In addition to the privately -owned facilities, the Riverside County Health Department operates various health programs.

Most of the continuing community personal health and mental health services for the desert area are located in County facilities in Indio.

Police Protection
Police protection is provided by the Riverside County Sheriff's Department under contract with the City. A Sheriff's
substation is located in the Civic Center Complex. The
Sheriff's Department provides protective response,
investigatory, and patrol services. As part of the City's contract with the Sheriff's Department, a Community Services Officer is assigned to patrol the City on a 24-hour basis.

In addition to police protection services provided by the Sheriff's Department, most private, gated communities have private, internal security services for their residents. These forces work in conjunction with the Sheriff's Department.

Fire Protection, Paramedic/Ambulance Services
The City of Indian Wells provides fire protection and
paramedic services in Indian Wells under contract with
Riverside County. Station No. 55 is located within the Civic Center Complex. The paramedic unit is housed in the fire City of Indian Well IIA-10 General Plan

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station and provides no -cost treatment and emergency
transportation for City residents.

Flood Protection
The desert region is subject to intense storms which result in sudden and substantial runoff and flash flooding. The City of Indian Wells has two major flood control channels. The Whitewater River and Deep Canyon flood control channels generally run west to east north of Highway 111 and south of Highway 111, respectively.

The City's Floodplain Management Ordinance specifies
construction standards for all areas of special flood hazard. All new construction and improvements are required to be
constructed using methods and practices that minimize flood damage and provide adequate drainage. The Flood Zones
map (Figure IVA-3), along with additional detail regarding flood hazards, is found in the Community Safety Element.

Economic Conditions
Cities utilize Capital Improvement Programs (CIP) to chart how they will achieve revenues and pay for capital
improvements. The CIP is a five -year program, revised
annually. Capital Improvement Programs are implementation tools for the General Plan.

Capital Improvement Program
The City of Indian Wells is currently operating within a Capital Improvement Program for fiscal years 2004-05 through 2008-

09. The 2004-2009 CIP identifies a total of 44 capital projects, costing an estimated $134,288,775. Capital projects are organized into functional groups, including: Streets & Highway, Traffic Safety, Government Buildings, Parks & Landscaping, Golf Course Improvements, Drainage & Improvements, and
Miscellaneous Improvements. Revenues to pay for the capital projects are provided by the Capital Improvement Fund,
Measure “A” Transportation Fund, Citywide Public
Improvement Fund, Art in Public Places Fund, RDA
Whitewater Capital Improvement Fund, Golf Resort
Improvement Fund, and the Low/Moderate Housing Fund, and Transportation Uniform Mitigation Fees (TUMF).

City of Indian Well IIA-11 General Plan

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Description of the Land Use Plan
The remaining sections of this Element describe the Land Use Plan for the City of Indian Wells. The Land Use Plan is composed of both descriptive text and an illustrative map. The text discusses the long -term development vision of the City, including land use designations and buildout assumptions.

The Land Use Plan map identifies the location and distribution of the land uses as shown in Figure IIA-3. The text and map are supported by land use goals and policies.

Land Use Plan
Indian Wells is a unique desert community that intends to remain the premier residential/resort city in the Coachella Valley. The residential quality of life is the City's primary concern. The Land Use Plan, therefore, strives to maintain and preserve the existing residential nature of the City. The quality of life will be maintained by a balance of lower intensity residential densities with site development and environmental quality standards. Additional development opportunities are provided for near the intersection of Miles Avenue and
Washington Street adjacent to the Indian Wells Tennis Garden and the intersection of Miles Avenue and Highway 111.

The predominantly residential character of the community will continue to be supported through revenues from the resort industry. The City has positioned itself, however, to diversify its revenue base by designating significant portions of the area around the Indian Wells Tennis Garden as Resort
Commercial.

City of Indian Well IIA-12 General Plan

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Land Use Plan Figure IIA-3
City of Indian Well IIA-13 General Plan

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Land Use Plan Figure IIA-3
City of Indian Well IIA-14 General Plan

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Based on the Land Use Plan map, Figure IIA -3, full buildout within the current City limits could increase from 4,807 residential units to 5,635 residential units. The City's population would increase to an estimate of 10, 802 persons factoring in a vacancy rate of 0 percent. However, the City has a historical vacancy rate of approximately 48% reflecting the seasonal nature of the population, therefore, the adjusted buildout population is approximately 5,185 (Note. The
California Department of Finance uses the 48% vacancy rate in determining the City’s “official” population). The buildout statistics are based on full development of all vacant lands.

Land Use Plan buildout potentials and assumptions are shown in Table IIA-2. Existing demographics, including housing and population characteristics, are discussed in detail in the Housing Element.

Table IIA-2. 2025 General Plan Land Use Buildout Estimate Land Use Designation Acres Units (1) or
Floor Area
Ratio (FAR)
Sq. Ft. (2)
Residential
Very Low Density (1.0-3.0 du/ac) 1,921.7 4,341
Low Density (3.1-4.5 du/ac) 138.4 534
Medium Density (4.6-7.0 du/ac) 51.42

85.4 322
560
Medium High Density (7.1-12.0 du/ac) 18.7 195
Residential Subtotal 2,130.22
2,164.2
5,392
5,630
Commercial
Professional Office 9.3 FAR 0.5 202,554
Resort Commercial 151.2 No FAR 1,561,313
Sports Complex 90.7 No FAR 4,404,392
Community Commercial 87.8 FAR 0.75 3,824,568
Commercial Subtotal 339.0 9,992,827
Open Space
Golf Course Recreation Overlay 1,520.4
Public Park 6.0
Open Space 4,465.7
Natural Preserve 198.5 5(3)
Watercourse 613.2
Open Space Subtotal 6,506.8
Civic/Other
Public Facility 27.4
Public Benefit (4) (8.0-24.0 du/ac) 33.98 238
City of Indian Well IIA-15 General Plan

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Streets 589.3
Civic/Other Subtotal 650.68
616.7
238
Totals 9,626.7 5,635 9,992,827
Estimated Population (no vacancy rate included) 10,802
Estimated Population with vacancy rate per
California Dept. of Finance)
5,185
Source: MBA/EPC GIS (1) Based on acres per category times actual density of category as calculated by GIS (2) Assumes FAR unless otherwise noted in Table. (3) General Plan allows 1/du per 40 ac res in Natural Preserve Area. (4) residential uses are restricted to "Residential Areas" as defined by the applicable Public Benefit zoning district.

Land Use Plan buildout potentials are required to identify the full buildout of all designated lands in the Plan Area for environmental analysis purposes. Because of this, projections are usually higher than actual buildouts. Buildout also includes existing developed areas that may currently be built at lower densities than permitted by the designation, which also inflates the buildout figures.

Land Use Designations
The land use designations described in this section establish the type and intensity of future development, as identified in the Land Use Plan map and buildout table.

Residential
The Plan provides for residential densities which range from one dwelling unit per 40 gross acres to twelve dwelling units per gross acre. It should be noted that the upper end of each density range is not guaranteed, but rather represents the potential density that could be achieved after specified performance standards are met. To maintain the City's
existing low density residential character, the majority of the residentially designated lands are identified as Very Low Density (1.0-3.0 du/ac). The following criteria will be used to determine maximum residential density within each density range:
 compatibility with surrounding land uses;
 floodplain protection;
 adequacy of public infrastructure, including
water, sewer, gas, and electricity;
 proximity to health care facilities, commercial
areas, and other services;
 provision of neighborhood -serving open space
and recreation;
 access and proximity to major streets;
City of Indian Well IIA-16 General Plan

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 preservation of natural resources and
vegetation; and
 mitigation of negative environmental impacts
such as noise, traffic, and light and glare.

Residential Designations
Very Low Density (1.0- 3.0 du/ac) : Single family detached homes on lots a minimum of 12,000 square feet (sq. ft.).

Low Density (3.1-4.5 du/ac): Single family detached homes on lots a minimum of 8,500 sq. ft.

Medium Density (4.6 -7.0 du/ac) : Single family detached homes, cluster developments, and attached units.

Medium High Density (7.1-12.0 du/ac): Attached dwelling units such as townhouses, condominiums, and congregate care for seniors.

Commercial
The resorts will continue to be the primary commercial use in the City. A significant portion of the area surrounding the Indian Wells Tennis Garden is designated as Resort
Commercial which would allow both retail and office uses. The Land Use Plan also identifies 9.3 acres designated for
Professional Office development.

Commercial Designations
Community Commercial (FAR 0.75) : Attractively designed retail, office, and shopping areas. Uses may include retail shops, offices, restaurants, personal service shops, grocery stores, movie theaters, hotels and resort complexes, and similar uses.

Resort Commercial (No FAR Restriction ): Attractively
designed hotel and resort complexes. The developments will have quality architectural design and extensive landscaping.

Parking areas will be screened from public streets with landscaping, buffer areas, or decorative walls. Uses include hotels as the primary use with ancillary tourist commercial uses that may include restaurants, related convention facilities, and supporting retail and personal services.

Professional Office (FAR 0.50) : Attractively designed
professional offices that are compatible with surrounding City of Indian Well IIA-17 General Plan

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neighborhoods and adjacent areas. Developments will be a maximum of two stories in height and will have extensive landscaping. Parking areas will be screened from public streets with landscaping, buffer areas, or decorative walls.

Typical uses would include administrative and professional offices, medical and dental offices, and financial institutions.

Civic
This designation includes one two categoriesy: Public Facility and Public Benefit. As public facilities follow, rather than lead development, new areas for public facilities will be designated as development occurs. The uses within this category,
however, include utility agency substations, the Gerald Ford Elementary School, and City Hall. Uses that provide a public benefit will also be identified and located as appropriate on the land use map.

Civic Designation
Public Facility: Facilities such as the Civic Center, police and fire stations, public utilities, schools and other governmental or public facilities, such as auditoriums, museums, and libraries.

Public Benefit (8.0-24.0 du/ac): Space for the provision of uses that are beneficial to the public, including affordable housing and supporting uses, such as public park, recreation, open space, and parking.

Open Space and Recreation
The Open Space and Recreation category encompasses six
designations, as described below. The designations are
intended to provide a range of public and private open spaces and recreational areas for enjoyment and safety of the
residents. The Watercourse designation, particularly, is applied to areas subject to flood hazard within the 100- year floodplain. Floodplain areas include the City's two flood control channels and an area of unimproved floodway in the Deep Canyon area.

Open Space and Recreation Designations
Public Parks: Publicly owned parkland which is dedicated or reserved for passive recreational use by the public.

Golf and Recreation : Public and private golf courses and tennis facilities.

City of Indian Well IIA-18 General Plan

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Open Space: Privately and publicly owned lands maintained in a natural state. Development in these areas is subject to the Hillside Management Plan.

Natural Preserve (1.0 du/40 gross ac): Privately owned lands with limited residential development permitted subject to the restrictions of the Hillside Management Plan (HMP), consistent with the Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP).

Sports Complex: Publicly and privately owned land and
improvements to accommodate professional or amateur
sporting events. This includes the Indian Wells Tennis garden and related facilities.

Watercourse: Includes the Whitewater River and Deep
Canyon flood control channels and other areas subject to flood hazard. Federal standards prohibit development in the
floodway. Some Watercourse areas, however, are used for golfing. The 100-year and 500-year flood zones are depicted in the Community Safety Element, Figure IVA-3.

Goals and Policies
The land use goals and policies identified in this section translate the City's long- range vision into public policy. The policies will be used on a daily basis to evaluate development proposals and guide City -wide decisions. The section is organized by goals and policies pertaining to Land
Development, City Image, Orderly Growth, and Economic
Development.

Land Development
Goal IIA1
Development which maintains the City's quality residential and resort character, with adequate provisions for the housing needs of all economic segments of the community.

Residential Policies
IIA1.1 Require multifamily structures located adjacent to single-family parcels to incorporate adequate screening into project design to prevent view intrusion.

IIA1.2 Assist in the development of adequate housing to meet the needs of very low, low, and moderate income households City of Indian Well IIA-19 General Plan

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through implementation of the Housing Program set forth in the Housing Element.

IIA1.3 Encourage clustering of residential uses to minimize impacts from noise, flooding, slope instability, and other environmental hazards, or to achieve other desirable City objectives. Clustering of units on smaller than identified lot sizes may be approved in all residential categories, except within the Very Low Density designation. Clustering in the Very Low Density designation can only occur if a specific plan or master plan is approved by the City Council, in accordance with the procedures established in the Zoning Code.

IIA1.4 Prohibit residential development in areas of greater than 65 Community Noise Equivalent Level (CNEL) unless
effective mitigation measures can be incorporated into project designs to reduce noise levels to 65 CNEL in outdoor activity areas and 45 CNEL in indoor areas.

IIA1.5 All residential developments are subject to the density and lot size requirements established in the General Plan (unless clustering is utilized). Residential development must also comply with any adopted regulations, such as but not limited to, design guidelines, environmental mitigation measures, and impact fees.

Commercial Policies
IIA1.6 Encourage new commercial development that relates to the City's resort industry.

IIA1.7 Commercial developments shall be located and
designed to minimize the impact on traffic circulation and residential land uses.

IIA1.8 Require physical separation (i.e., setbacks or barriers) where commercial development abuts residential
development, and where land uses abut major arterial
highways.

IIA1.9 All commercial development shall be consistent with the requirements of the General Plan, including use types and must comply with any applicable Use Permit conditions,
design guidelines, impact fees, or other development -related requirements for a particular site.

City of Indian Well IIA-20 General Plan

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text II. Community Development IIA. Land Use
General Development Policies
IIA1.10 Assist in the consolidation of contiguous smaller parcels for development purposes.

IIA1.11 The following types of development shall be
prohibited in Indian Wells:
 Linear or "Strip" Commercial Development
 Heavy Polluting Industry
 Billboards
IIA1.12 Require development to utilize low intensity
lighting and/or screening to minimize light spillover and glare.

IIA1.13 Require all new development proposals to
provide evidence of land use compatibility with current and future land uses.

IIA1.14 Require sufficient areas of open space in all new development projects.

IIA1.15 All development projects will provide sufficient off-street parking to adequately serve the projected vehicles generated by the land use.

IIA1.16 Permit the use of solar panels to maximize
energy efficiency provided the panels are screened from public view in accordance with the City's design guidelines.

IIA1.17 Require the installation of water conservation
devices in new development pursuant to the Uniform Building, Mechanical, and Electrical Codes.

IIA1.18 (1) The City will encourage green building design which could include conserving non- renewable energy and non-renewable materials. promoting water efficient
landscaping and other methods to support environmental
conservation and to assist in the concerns of global warming. (2) The City will provide public information on
Sustainable Development Practices which will assist in
acceptable levels of global resource depletion and
environmental pollution.

City of Indian Well IIA-21 General Plan

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text II. Community Development IIA. Land Use
City Image
Goal IIA2
Maintain the City of Indian Wells as a beautiful and
aesthetically pleasing community.

Public Improvement Policies
IIA2.1 Continue the Art in Public Places program, including the identification of funding sources and potential sites for public art display. The program may include, but is not limited to, City entry monumentation, streetscape treatments (including street signs), and other public area improvements.

Private Development Policies
IIA2.2 Encourage development which capitalizes on the
area’s natural environmental setting and preserves views of scenic hillside areas.

IIA2.3 Regulate building height to avoid obtrusive breaks in the natural skyline and to be responsive to surrounding settings.

IIA2.4 Implement the Hillside Management Plan (HMP)
consistent with the Coachella Valley Multiple Species Habitat Plan (CVMSHCP).

IIA2.5 Maintain and promote high quality urban design to ensure and enhance the quality image and residential
character of the City.

IIA2.6 All development in the City will comply with approved design standards, including but not limited to, architecture, landscaping, site design, and other development related regulations intended to enhance and promote the image of Indian Wells.

Orderly Growth
Goal IIA3
New development which is coordinated with the provision of infrastructure and public services.

Infrastructure and Community Services Policies
IIA3.1 Require right -of-way and other necessary
improvements to be installed by developers as each property develops.

City of Indian Well IIA-22 General Plan

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text II. Community Development IIA. Land Use
IIA3.2 Locate new development where infrastructure and
community services are available or can be expanded without adverse effects on existing uses.

IIA3.3 Encourage the provision of cost -efficient public services, such as low maintenance, water efficient public landscaping.

IIA3.4 Continue to contract with public and private entities for the provision of public services as long as these services are more economical, more accessible, and/or better serve the needs of residents than City-provided services.

IIA3.5 Coordinate the planning of future public services and facilities with adjoining cities and County service providers to ensure the efficient delivery of services.

IIA3.6 Work with other public agencies in developing multi - functional public service centers in the community.

IIA3.7 Continue to work with Riverside County to provide comprehensive planning and future fire protection services.

IIA3.8 Continue to upgrade older water mains in the City as needed to ensure adequate water pressure for fire fighting.

IIA3.9 Periodically survey residents to assess the perceived adequacy of City services and facilities.

IIA3.10 Encourage the provision of community facilities.

Economic Development
Goal IIA4
Protection of the fiscal integrity of Indian Wells.

Revenue Generating Policies
IIA4.1 Maintain significant revenue -generating land uses in the City, particularly Resort Commercial uses, to assure a balance of costs and revenues over time.

IIA4.2 Continue to promote the City of Indian Wells through regional and local business associations, tourist councils and committees, and other methods.

City of Indian Well IIA-23 General Plan

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text II. Community Development IIA. Land Use
IIA4.3 Assess the probability of market support for commercial projects to ensure anticipated fiscal benefits can be realized and the competitive position of the City is not jeopardized by undermining the market performance of effective existing commercial uses.

IIA4.4 Continue to utilize Redevelopment activities to improve the City's fiscal position.

Expenditure Control Policies
IIA4.5 Require that development pay its pro-rata share of the cost of public services and facility expansions required by that development.

IIA4.6 Define benefit -related areas in which appropriate development fees will be established to defray the costs necessary to provide public services to the area.

IIA4.7 Review the fiscal viability of future development projects in terms of net
effect resulting from construction and probable land use activities.

Implementation of the Land Use Element
Indian Wells is authorized by law to utilize a variety of mechanisms to implement the policies of the Land Use
Element. The following summarizes the most common
methods for implementing land use elements. Indian Wells is not limited by the ordinances, plans, and documents listed here.

Zoning Ordinance: The City will update and revise the zoning text and map to ensure State mandated consistency between the General Plan and Zoning Ordinance.

Capital Improvement Program: The City's Capital
Improvement Program is possibly the most important
implementation tool available. Because of this, it will be consistent with, and implement the General Plan.

Specific Plans: Specific plans are implementing tools for general plans and must be consistent with the General Plan, as required by State Government Code Section 65454.

City of Indian Well IIA-24 General Plan

LEGEND: Red Text = New Text | Black Text = Existing Text | Strikethrough Text = Deleted Text II. Community Development IIA. Land Use
Redevelopment Plan: The Redevelopment Plan must be
consistent with the General Plan.

Design Guidelines and Standards: Design guidelines and
standards are used to preserve and enhance the physical appearance of the City, and therefore must be consistent with the General Plan.

Public Facility and Service Plans: Although the City does not provide water, sewer, fire, police, and other public services, all outside agency plans must be consistent with the General Plan.

Hillside Management Plan: The City will revise the Hillside Management Ordinance for the area within the Santa Rosa and San Jacinto Mountains to be consistent with the
Coachella Valley
(CVMSHCP).

Multiple Habitat Conservation Plan
The Land Use Element's success is the responsibility of all City residents and staff, the development community, service agencies, and City decision-makers. All land use actions by the City should be directed towards the implementation of the policies identified in this Element.

City of Indian Well IIA-25 General Plan

Addendum to the
City of Indian Wells General Plan
Final Environmental Impact Report
RHNA Implementation Program Project
April 2024
Prepared for:

City of Indian Wells
Community Development Department
Planning Division
44-950 Eldorado Drive
Indian Wells, CA 92210
Prepared by:

De Novo Planning Group
180 E. Main Street, Suite 108
Tustin, CA 92780
D e N o v o P l a n n i n g G r o u p
A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m ATTACHMENT #7
•• •

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR

Table of Contents
1 INTRODUCTION ........................................................................................................................................... 1-1

1.1 PURPOSE AND BACKGROUND ............................................................................................................................. 1-1

1.2 CEQA REQUIREMENTS ..................................................................................................................................... 1-2

1.3 INCORPORATION BY REFERENCE ......................................................................................................................... 1-4 2 DESCRIPTION OF THE PROPOSED PROJECT .................................................................................................. 2-1

2.1 PROJECT LOCATION AND SETTING ....................................................................................................................... 2-1

2.2 PROJECT CHARACTERISTICS ................................................................................................................................ 2-1

2.3 CHARACTERISTICS OF THE PROPOSED PROJECT ...................................................................................................... 2-2 3 ENVIRONMENTAL ANALYSIS ........................................................................................................................ 3-1

3.1 AESTHETICS .................................................................................................................................................... 3-3

3.2 AGRICULTURE AND FORESTRY RESOURCES ............................................................................................................ 3-9

3.3 AIR QUALITY................................................................................................................................................. 3-11

3.4 BIOLOGICAL RESOURCES ................................................................................................................................. 3-17

3.5 CULTURAL RESOURCES ................................................................................................................................... 3-23

3.6 ENERGY ....................................................................................................................................................... 3-25

3.7 GEOLOGY AND SOILS ...................................................................................................................................... 3-27

3.8 GREENHOUSE GAS EMISSIONS ......................................................................................................................... 3-33

3.9 HAZARDS AND HAZARDOUS MATERIALS ............................................................................................................. 3-35

3.10 HYDROLOGY AND WATER QUALITY ............................................................................................................... 3-41

3.11 LAND USE AND PLANNING ........................................................................................................................... 3-49

3.12 MINERAL RESOURCES ................................................................................................................................. 3-51

3.13 NOISE ...................................................................................................................................................... 3-53

3.14 POPULATION AND HOUSING ........................................................................................................................ 3-57

3.15 PUBLIC SERVICES ....................................................................................................................................... 3-59

3.16 RECREATION ............................................................................................................................................. 3-63

3.17 TRANSPORTATION ...................................................................................................................................... 3-65

3.18 TRIBAL CULTURAL RESOURCES ...................................................................................................................... 3-69

3.19 UTILITIES AND SERVICE SYSTEMS ................................................................................................................... 3-71

3.20 WILDFIRE ................................................................................................................................................. 3-75 4 ADDENDUM FINDING .................................................................................................................................. 4-1 Tables and Figures
Figure 1: Regional Location Map ............................................................................................................................... 2-3 Figure 2: Indian Wells Planning Area ......................................................................................................................... 2-4 Figure 3: Proposed General Plan Land Use/Zoning Map ........................................................................................... 2-5

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR

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City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Introduction 1-1

1 INTRODUCTION

1.1 PURPOSE AND BACKGROUND
The City of Indian Wells is the Lead Agency for this Project under the California Environmental Quality Act (CEQA). On February 1, 1996, the City of Indian Wells City Council adopted the 1996 Update to the City of Indian Wells General Plan (1996 General Plan). At the same time, the City Council certified by Resolution No. 96-9 the City of Indian Wells General Plan Final Environmental Impact Report (SCH No. 94092037) (General Plan FEIR) in compliance with the California Environmental Quality Act (CEQA) and C EQA Guidelines. The General Plan FEIR concluded that, although implementation of development under the 1996 General Plan could result in significant impacts, these potential adverse impacts are able to be mitigated to below a level of significance with the exception of impacts related to short - and long -term air quality, even after the implementation of General Plan policies as mitigation.

In 1999, the City adopted a Negative Declaration and initiated proceedings to annex the City’s sphere of influence (approximately 400 acres) consistent with the City’s 1996 General Plan and General Plan land use designations (1996 General Plan Figure IIA -5, Land Use Policy Map – designating the subject site as Residential, Medium High Density and Residential, Low Density).

The annexation area included the area bounded on the west by Elkhorn Trail and Miles Avenue, on the north by Fred Waring Drive, on the e ast by Washington Avenue and on the south by the southern edge of the Whitewater Rivers Storm Channel and existing corporate boundaries of the City at that time. The Negative Declaration concluded there was no substantial evidence that there would be significant adverse environmental impacts associated with the proposed annexation. On January 27, 2000, the Local Agency Formation Commission of the County of Riverside, adopted Resolution No. 03 -00 approving the reorganization and on March 16, 2000 the City ad opted Resolution No. 2000-12 approving the annexation.

On December 19, 2002, the City adopted a Negative Declaration and approved a General Plan Amendment, Zoning Map Amendment, and Zoning Text Amendment to change the Residential, Medium High Density and Residential, Low Density designations to Residential, Medium Density on land east of Warner Trail. The 2002 Negative Declaration determined the General Plan Amendment, Zoning Map Amendment, and Zoning Text Amendment would not have a significant effect on the environment.

In 2007 the City approved the General Plan Land Use Element Update and adopted an Addendum to the General Plan FEIR (2007 Addendum to FEIR). The Land Use Element Update consisted of minor revisions to language, exhibits, and maps to reflect existing condit ions and changes that had been made since the adoption of the General Plan in 1996, including the 2000 annexation and 2002 General Plan Amendment, Zoning Map Amendment, and Zoning Text Amendment. The 2007 Addendum to FEIR determined that the Land Use Eleme nt Update would not cause substantial changes to the analysis or conclusions in the General Plan FEIR, and that the Update resulted in reduced impacts on air quality, traffic, and noise due to reductions in land use intensities and buildout population and housing estimates.

In 2013, the City updated the Housing Element for the 2014-2021 planning period (5th cycle) and adopted an Addendum to the General Plan FEIR (2013 Addendum to FEIR). The 2013 Addendum

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Introduction 1-2

to FEIR determined all potentially significant effects resulting from the residential development anticipated by the Housing Element had been adequately analyzed in the General Plan FEIR and could be avoided and/or mitigated pursuant to compliance with the mitigation measures contained in the General Plan FEIR.

In June 2022, the City approved General Plan Amendment No. 2022-01 for the adoption of the 6th Cycle 2021-2029 Housing Element and Finding the action to be 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 .

Subsequent to the June 2022 adoption of the 2021 -2029 Housing Element, the City prepared revisions to the Housing Element to address comments provided by the California Department of Housing and Community Development (HCD) to comply with State Housing Element Law. On July 6, 2023, the City approved General Plan Amendment No. 2023-01 for readoption of the 6 th Cycle 2021-2029 Housing Element and Finding the action to be exempt from CEQA. Subsequent to the July 2023 readoption of the 2021 -2029 Housing Element, the City prepared revisions to the Housing Element to address comments provided by HCD specific to Affirmatively Furthering Fair Housing (AFFH) and Reducing/Removing Governmental Constraints. In December 2023, HCD issued a Findings Letter (Pre -Certification Letter) that the revised Housing Element meets the statutory requirements of State Housing Element Law and that the City must readopt the Housing Element and complete any necessary rezoning to accommodate the City’s Regional Housing Needs Allocation (RHNA) prior to receiving HCD’s official certification of the Housing Element. In February 2024, the City approved General Plan Amendment No. 2024 -01 for readoption of the 6 th Cycle 2021-2029 Housing Element and Finding the action to be exempt from CEQA.

The City is initiating the required rezoning program to accommodate its RHNA consistent with the programs outlined in the February 2024 adopted 2021 -2029 Housing Element, including amendments to the zoning text, General Plan Land Use Element, and General Plan Land Use/Zoning map, as described further in Section 2.

Following preliminary review of the proposed Project, the City of Indian Wells, as Lead Agency, has determined that the proposed Project is subject to CEQA (Public Resources Code [PRC] Sections 21000-21177). The purpose of this document is to analyze whether the Project meets the conditions warranting preparation of a Subsequent or Supplemental EIR to the General Plan FEIR, as amended by the 2007 and 2013 Addenda to FEIR, pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162.

1.2 CEQA REQUIREMENTS
The purpose of this Addendum is to analyze any potential differences between the impacts identified in the General Plan FEIR and those that would be associated with the proposed Project.

Pursuant to provisions of CEQA and State CEQA Guidelines, the City is the Lead Agency charged with the responsibility of deciding whether to approve the Project. As part of its decision -making process, the City is required to review and consider whether the proposed Project would create

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Introduction 1-3

new significant impacts or significant impacts that would be substantially more severe than those disclosed in the General Plan FEIR.

Additional CEQA review beyond this Addendum would only be triggered if the Project created new significant impacts or impacts that are more severe than those disclosed in the General Plan FEIR used to approve the Indian Wells General Plan. To use an Addend um as the appropriate CEQA document for the proposed Project, the City must find that major revisions to the General Plan FEIR are not necessary and that none of the conditions described in State CEQA Guidelines Section 15162 calling for the preparation of additional CEQA documentation has occurred.

In accordance with the State CEQA Guidelines, prior to approving further discretionary action and depending upon the situation, the lead agency must generally either: (1) prepare a Subsequent EIR; (2) prepare a Supplemental EIR; (3) prepare a Subsequent Negative Declaration; (4) prepare an Addendum to the EIR or Negative Declaration; or (5) prepare no further documentation. (See State CEQA Guidelines, §§ 15162 – 15164.) State CEQA Guidelines Section 15162 states:

When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a subst antial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or