Agenda, first session — Indian Wells City Council, May 16, 2024 (part 4 of 5)

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Introduction 1-4

(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Section 15164 of the State CEQA Guidelines explains when an Addendum to an EIR is appropriate.

Per this section, where some changes or additions are necessary to the previously certified EIR, but none of the conditions described in Section 15162 calling fo r the preparation of a subsequent EIR (as described above) have occurred, then the lead agency is directed to prepare an Addendum to the certified EIR (State CEQA Guidelines, § 15164). Further, the Addendum should include a “brief explanation of the decisi on not to prepare a subsequent EIR pursuant to Section 15162,” and that “explanation must be supported by substantial evidence” (State CEQA Guidelines, § 15164 [e]). The Addendum need not be circulated for public review but may simply be attached to the certified EIR (State CEQA Guidelines, § 15164 [c]).

1.3 INCORPORATION BY REFERENCE
The documents outlined below, which were utilized during preparation of this Addendum and are a matter of public record, are hereby incorporated by reference.

City of Indian Wells General Plan
The City of Indian Wells City Council adopted the 1996 Update to the City of Indian Wells General Plan (1996 General Plan) on February 1, 1996. The 1996 General Plan is a policy document that establishes a blueprint for the City's long-term development. The overall intent of the 1996 General Plan is to direct daily City actions, through policy statements, toward improving and maintaining a socially cohesive, economically viable, and physically attractive community. The General Plan contains each of the Stat e-mandated elements in accordance with California Government Code Section 65302; however, the elements are organized into functional chapters. The chapters, with the associated elements in parentheses, are Community Development (Land Use, Housing, Circulation), Resource Management (Conservation and Open Space), and Public Safety (Community Safety, Noise). Each element contains a statement of authority, a summary of existing conditions, and the goals and policies pertaining to the subject matter.

Land Use Element Table IIA-2 presents the General Plan Land Use buildout estimates.

Implementation of the General Plan is anticipated to result in a total of 5,635 dwelling units and approximately 9,992,827 square feet of non-residential land uses. The City's projected population resulting from full implementation of the General Plan is 10,802 persons. However, factoring a historical vacancy rate of approximately 48 percent to account for the seasonal nature of the City's population, the City's adjusted buildout population is approximately 5,185 persons.

A number of amendments have been made to the 1996 General Plan since adoption, as discussed in Section 1.1. These amendments are reflected in the General Plan Land Use buildout estimates.

City of Indian Wells General Plan FEIR and Addenda
The City of Indian Wells General Plan FEIR (SCH No. 94092037) as amended by the 2007 and 2013 Addendum provides a program -level analysis of the environmental impacts resulting from

Page 386 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Introduction 1-5

full implementation of the General Plan. The General Plan FEIR's analysis is based on the change between development under existing conditions (at the time of document preparation) and those projected for likely development in accordance with the General P lan by theoretical buildout in 2025. Based on General Plan FEIR Tables 4.1 -1 and 4.1 -3, the General Plan FEIR assumed and analyzed the environmental impacts resulting from the following: 2,878 additional dwelling units; approximately 4.0 additional million square feet of non-residential land uses; and approximately 5,388 additional persons. The General Plan FEIR concluded full implementation of the General Plan would result in less than significant impacts, with mitigation incorporated, for all issue areas analyzed. The General Plan FEIR’s background and policy information and environmental impact conclusions are cited throughout this Addendum.

Negative Declaration for Environmental Assessment No. 99-1: Annexation #13 Sphere of Influence Area
On April 1, 1999, the City adopted a Negative Declaration for Environmental Assessment No. 99- 1: Annexation #13 Sphere of Influence Area for the proposed annexation of an approximately 400 acre area bounded on the west by Elkhorn Trail and Miles Avenue, on the north by Fred Waring Drive, on the east by Washington Avenue, and on the south by the southern edge of the Whitewater River Storm Channel and the existing corporate boundaries of the City. The 1999 Negative Declaration concluded there was no substanti al evidence that there would be significant adverse environmental impacts associated with the proposed annexation.

Negative Declaration for Environmental Assessment No. 2002-03 On December 19, 2002, the City adopted a Negative Declaration for Environmental Assessment No. 2002-03 (2002 Negative Declaration) for a General Plan Amendment (No. 2002 -02), Zoning Map Amendment (ZMA No. 2002-02), and Zoning Text Amendment (ZTA) No. 2002-016, to change the Residential Medium High Density designation (RMHD), 7.1 to 12.0 du/ac and the Residential Low Density designation (RLD), 3.1 to 4.5 du/ac to Residential Medium Density (RMD), 4.6 to 7.0 du/ac on land east of Watern Trail (APNs 633-360-002 and 633 -360-023). 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. The 2002 Negative Declaration concluded the proposed amendments would not have a significant effect on the environment.

City of Indian Wells Municipal Code
The City of Indian Wells Municipal Code outlines the rules and regulations of the City . The City's Zoning Ordinance is codified in Title 21, Zoning Code . The purpose of the Zoning Code is to consolidate and coordinate all zoning regulations and provisions into one comprehensive zoning ordinance in order to: designate, regulate, and restrict the location and use of land, buildings, and certain other struct ures for residential, commercial, or other purposes; regulate and limit the height, number of stories and size of buildings and other structures hereafter erected or altered; regulate the size of yards and other open spaces; and regulate and limit the density of population and for the purpose of dividing the City into zones of such numbers, shapes, and areas as may be deemed best suited for the optimum uses of the property within the City. The Municipal Code specifies regulations that must be followed by every project within the City's jurisdictional area.

Page 387 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Introduction 1-6

The Municipal Code is referenced throughout this Addendum to establish the Project's baseline requirements according to the City's regulatory framework.

Page 388 of 710 ends

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

2 DESCRIPTION OF THE PROPOSED PROJECT

2.1 PROJECT LOCATION AND SETTING
The City of Indian Wells is located in the Coachella Valley region of Riverside County, approximately 14 miles southeast of Palm Springs; refer to Figure 1, Regional Location Map. The City is comprised of approximately 9,627 acres (15 square miles), all of which are located within the City’s incorporated limits; refer to Figure 2, Indian Wells Planning Area. Indian Wells does not have a planning sphere of influence or any planning authority outside of its jurisdictional boundaries.

Indian Wells is bounded by the City of Palm Desert to the north and west, by the City of La Quinta to the east, and by unincorporated areas of Riverside County to the north and south. Regional access to the City is provided by Interstate 10, a major east-west highway which provides access to Indian Wells and the Inland Empire region. State Route 74 provides access from the southwest and the San Diego metropolitan area.

2.2 PROJECT CHARACTERISTICS
The proposed RHNA Implementation Program Project (Project) involves text amendments to the General Plan Land Use Element and Zoning Code associated with a new land use designation and zoning district, and General Plan Land Use/Zoning Map amendment to implement the required rezoning program to accommodate the City’s RHNA, as described below.

2.2.1 LAND USE ELEMENT REVISIONS
The Land Use Element, including Table IIA-2. 2025 General Plan Land Use Buildout Estimate, would be revised to include a new Public Benefit (PB) land use designation and associated acreage and development potential resulting from the General Plan Land Use/ Zoning Map Amendment, described below1, to allow for implementation of the proposed rezoning program:

Public Benefit
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.

2.2.2 REZONING PROGRAM
The readopted 2021-2029 Housing Element includes Program 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, as described below.

1 The proposed General Plan Land Use/Zoning Amendment would result in revisions to Table IIa -2 to reallocate 33.98 acres and 238 units from the Medium Density Residential land use designation to the new Public Benefit designation. The total General Plan buildout acreage and residential units would not change.

Page 389 of 710 ends

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

Zoning Code Amendment
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 to include a Public Benefit zoning district, including development standards and development characteristics; t he actual designation of each area would be PB followed by a corresponding number (e.g., PB-1). The Public Benefit zoning district would provide for the development of “a limited range of uses providing public benefits, including affordable housing and supporting uses, such as public park, recreation, open space, and parking” at 8.0-24.0 dwelling units/gross acre in “Residential Area”.

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

A new Chapter 21.32, Public Benefit Zone Development Standards, would be added to Title 21 of the Indian Wells Municipal Code to provide development and land use regulations within the Public Benefit Zone for PB -1, including, but not be limited to, permitted uses, maximum “Residential Area”, general development requi rements, residential development standards, residential design standards, nonresidential development, parking, and landscaping.

General Plan Land Use/Zoning Map Amendment
The General Plan Land Use/Zoning Map (General Plan Figure IIA-3, updated December 15, 2016) would also be amended to apply the Public Benefit (PB) land use and zoning designation to APN 633360002, a vacant and undeveloped approximately 34-acre parcel located at the northeast corner of Miles Avenue and Warner Trail; refer to Figure 3, Proposed General Plan Land Use/Zoning Map.

2.3 CHARACTERISTICS OF THE PROPOSED PROJECT
The Project analyzed in this Addendum (referred to herein as the RHNA Implementation Program Project) involves the General Plan Land Use Element, Zoning Text , and General Plan Land Use/Zoning Map Amendment to develop a new Public Benefit (PB) land use and zoning designation and to update the General Plan Land Use/Zoning Map to reflect the new PB designation to parcel (APN 633360002) required to be rezoned to accommodate a portion of the City’s remaining lower income RHNA.

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’s existing Medium Density Residential land use designation would allow for development of approximately 238 dwelling units. The proposed Project would allow for the development of 238 units limited to a portion of the approximately 34- acre site. Therefore, while the Project proposes a new designation to the General Plan and Zoning Code for APN 633360002, these new designations would be consistent with the maximum density currently allowed for the 34-acre site in the General Plan and with the overall residential growth currently identified and already analyzed in the General Plan FEIR.

No changes to the maximum development potential approved for the General Plan and analyzed in the General Plan FEIR would occur pursuant to the proposed Project amendments.

Page 390 of 710 ends

TWENTYNINE
PALMS

YUCCA VALLEY

COACHELLA
INDIO

LA QUINTA
INDIAN
WELLS

PALM DESERT
RANCHO
MIRAGE

CATHEDRAL
CITY

PALM SPRINGS

DESERT HOT

SPRINGS
Clark Lake
Coyote Lake
Lake Hemet
Lake
Henshaw
Salton Sea

R I V E R S I D E C O U N T Y

S A N B E R N A R D I N O C O U N T Y

S A N D I E G O C O U N T Y
371
74 74
79 111
62 62
86 86
243
247
76 38
111
10 10
10 Map date: April 1, 2024.

Sources: California State Geoportal; ArcGIS Online World Hillshade Map Service. 0 52½
Miles
\
Figure 1. Regional Map

CITY OF INDIAN WELLS

RHNA IMPLEMENTATION PROGRAM PROJECT

ADDENDUM TO THE GENERAL PLAN FEIR
LEGEND
City of Indian Wells
Incorporated Area
County Area
Water Feature

Page 391 of 710 ends

C I T Y O F I N D I A N W E L L S

C I T Y O F L A Q U I N T A

C I T Y O F P A L M D E S E R T

CALIFORNIADR

FAIRWAY DR

FRED WARING DRWASHINGTON ST

EISENHOWER DR

DEEP CANYON RD

ELDORADO
DR

PORTOLA AVE
AVENUE 50
HWY 111

COOK ST

EL PASEO

HOVLEY LN

MAGNESIA FALLS DR

GRAPEVINE ST

HAYSTACK RD
Sources: Indian Wells GIS; Riverside County GIS. Map date: April 1, 2024.

U N I N C O R P O R AT E D

R I V E R S I D E

C O U N T Y

U N I N C O R P O R AT E D R I V E R S I D E C O U N T Y

CITY OF INDIAN WELLS

RHNA IMPLEMENTATION PROGRAM PROJECT

ADDENDUM TO THE GENERAL PLAN FEIR

LEG E ND
City of Indian Wells
Other Incorporated Area
Figure 2.Indian Wells Planning Area
0 1½
Miles
I - - - - - - - - - -.

I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
.------- .. ---------------..

I
I
I
I
I
I
I
I ,._ ..

I
---~-.... ,-- ..

I - ""
I
I r~----, 1 r
\ \ I I
I \ I I
\ \ I I
~ \ I I
- I \ I I
I \ \ I I
\., I \ I I
\ \ I I
I I
\-------------------------------~
,---, , ___ ,
1---1
1 ___ 1
-- ......................
.....

L..------,

Page 392 of 710 ends

EELDORADO
DR

CAMINO DEPACO

CALIFORNIA DR

FAIRWAY DR

FRED WARING DR

WASHINGTON ST

EISENHOWER DR

DEEP CANYON RD

ELDORADO
DR

PORTOLA AVE
HWY 111

COOK ST

EL PAS EO
AVENUE 50

WASHINGTONST
44TH AVE

RESERVE DR

VINTAGEDRE
APPIAN
W
AY

IROQUOIS DR

SPYGLASS DR

FAIRWAY DR

S COVE D
R

QUAILRUN
LN
M

ANITOUDR
HIDDEN

VALLEY TRL

AGATECT

DESERTHORIZONS DR

DESERTARROYO
TRL

VIATOSCANA

DESI DR

VINTAGE DR WQUAIL LAKES DR

CIELITODR

CLUB DR
111

ELDORADODR

MILES AVE

APACHERD
W

ELDORADO
DR

ELKHORN TRLDAKOTA TRL

VIA CORTONA VIA

ORVIETO

VIA SIENA

WARNER TRL

MANSFIELD DR

VIACHIANTI

COOK ST

VIA VOLTERRA

PALO VERDE DR

VIA FIORE

VIAUZZANO

VIA PISA

VIA SATURNIA

HOVLEY LN

VIA FIRENZE

I N D I A N W E L L S
L A

Q U I N T A

P A L M D E S E R T
Sources: Indian Wells GIS; Riverside County GIS. Map date: April 1, 2024. 0 ½¼
Miles

UNINCORPORATED

RIVERSIDE COUNTY

U N I N C O R P O R AT E D R I V E R S I D E C O U N T Y

CITY OF INDIAN WELLS

RHNA IMPLEMENTATION PROGRAM PROJECT

ADDENDUM TO THE GENERAL PLAN FEIR

LEG E ND
City of Indian Wells
Other Incorporated Area
Residential
Very Low Density Residential
Low Density Residential
Medium Density Residential
Medium-High Density Residential
Commercial
Community Commercial
Professional Office
Resort Commercial
Sports Complex
Civic
Public Facility
Public Benefit-1
Open Space
Golf and Recreation
Natural Preserve
Open Space
Public Park
Watercourse
Figure 3. Proposed General Plan Land Use/Zoning Map
I
I
I
I
I
r-----
1 I
I
I
I
,---
1 I
I
I
I
I
I
I
I
- - ■ : - 0
I
I
!..~ I
___ JI
,- . ... ,---·
r-- .._
I
------. I
I
I
I
I
I
I
I
...... _______ ;
I
I
I
I
I
I
I
I
I
I
I
I
---r
-
I
I
I
I
I
I
I
I
---- I
-------- I
---- -------- I ----- I ------ ---- -!
I
I
I
I
I
----------
...... ......
.. 1
~
I
I
~
; J
/;
......

I
I
L----

Page 393 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Description of the Proposed Project 2-6

This page intentionally left blank.

Page 394 of 710 ends

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

3 ENVIRONMENTAL ANALYSIS
This Addendum has been prepared to determine whether the proposed Project would result in any new or substantially increased significant environmental impacts in comparison to the approved project as analyzed in the previously certified General Plan FEIR. This section of the Addendum provides analysis and cites substantial evidence that support’s the City’s determination that the proposed Project does not meet the criteria for preparing a subsequent or supplemental EIR under CEQA Guidelines Section 15162.

The scope of the City’s review of the proposed Project is limited by provisions set forth in CEQA and the State CEQA Guidelines. This review is limited to evaluating the environmental effects associated with the proposed Project to the General Plan project as set forth in the FEIR , as amended by the 2007 and 2013 Addenda. This Addendum also reviews new information, if any, of substantial importance that was not known and could not have been known with the exercise of reasonable due diligence at the time the FEIR was certified. This evaluation includes a determination as to whether the changes proposed by the Project would result in any new significant impacts or a substantial increase in a previously identified significant impact.

The section is patterned after the environmental thresholds within the General Plan FEIR and provides a summary of impacts associated with the proposed actions, as described in the FEIR, as amended by the 200 7 and 201 3 Addenda, and includes an analysis of the potential impacts associated with the proposed RHNA Implementation Program Project . This comparative analysis provides the City with the factual basis for determining whether any changes in the Project, any changes in circumstances, or any new information since the General Plan FEIR was certified would require additional environmental review or preparation of a Subsequent EIR or Supplemental EIR.

Page 395 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-2

This page intentionally left blank.

Page 396 of 710 ends

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

3.1 AESTHETICS
Thresholds:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstance
Requiring
Major EIR
Revisions
Information
Showing
Greater
Significant
effects than
Previous EIR
No
Additional
Significant
Impact/
Less Than
Significant
Impact
With
Application
of
Mitigation
from FEIR
Less Than
Significant
Impact/No
Changes or
Information
Requiring
Preparation
of an MND
or EIR
No Impact
Except as provided in Public Resources Code Section 21099, would the project:
a. Have a substantial adverse effect on a
scenic vista? X
b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings
within a state scenic highway?
X
c. Substantially degrade the existing visual
character or quality of the site and its
surroundings?
X
d. Create a new source of substantial light
or glare which would adversely affect
day or nighttime views in the area?
X
General Plan FEIR Conclusions
The topic of Aesthetics is addressed in General Plan FEIR Section 4.3, Topography and Aesthetics, as amended by the 200 7 and 2013 Addenda. The General Plan FEIR concluded that full buildout under the General Plan would convert vacant land to low density residential and commercial development, potentially adversely affecting the aesthetic values of the City. Specifically, the City’s character could be negatively affected through land use policies which fail to recognize and incorporate the preservation of open space and recreational areas; maintain the City’s unique visual elements, including mountain views; or reduce the quality of life within the City. However, as discussed in the General Plan FEIR , the General Plan land use policies maintain the very -low and low-density character of the City. A dherence to the General Plan l and use goals and policies would maintain the City’s quality residential and resort character while preserving approximately 70 percent of the City in open space. As such, the General Plan FEIR determined that adherence to the General Plan Land Use and Conservation and Open Space Elements would ensure future development under the General Plan is consistent with aesthetics standards of the City .

Specifically, application of open space resource policies and park and recreation policies would ensure that poten tial significant aesthetic impacts would be mitigated to below a level of significance.

Page 397 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-4

Project Analysis
a. Would the project have a substantial adverse effect on a scenic vista? 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 Land Use Element would be revised to include a new Public Benefit (PB) land use designation and associated acreage and development potential resulting from the General Plan Land Use/Zoning Map Amendment to allow for implementation of the proposed rezon ing program. The Zoning Code would be amended to include a Public Benefit zoning district, including development and land use regulations, to implement the PB land use designation. The General Plan Land Use/Zoning Map would also be amended to apply the PB land use and zoning designation to APN 633360002, consistent with the 2021-2029 Housing Element, in order to accommodate the City’s RHNA.

The Project would apply the new PB land use and zoning designation to one 34 -acre parcel (APN 633360002) that is currently vacant and undeveloped. While the Project does not propose site - specific development , future redevelopment of the parcel with new residential uses would be accommodated by the proposed Project. The General Plan identifies the parcel as Medium Density Residential and allows for the development of up to 238 residential dwelling units within the parcel.

Therefore, the Project would not allow for greater residential development than what was analyzed in the General Plan FEIR. As with the development anticipated in the General Plan, future residential development would be reviewed at the project level for consistency with applicable provisions related to aesthetics and scenic quality in the City’s General Plan and Municipal Code .

The General Plan contains a number of policie s that would have the effect of reducing potential impacts to scenic vistas, including Land Use Element Policy IIA2.2, which encourages development that capitalizes on the area’s natural environmental setting and preserves views of scenic hillside areas; Policy IIA2.3, which directs the City to regulate building height to avoid obtrusive breaks in the natural skyline and to be responsive to surrounding settings; and PolicyIIA2.6, which requires all new development to 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. In addition, t he Project includes development and land use regulations within the proposed Public Benefit Zone, including, but not limited to, permitted uses, maximum “Residential Area”, general development requirements, residential development standards, residential d esign standards, nonresidential development, parking, and landscaping. The proposed residential development and design standards would address design features such as allowable building height and minimum setbacks to reduce building massing and reduce the visual impact of new development projects from surrounding areas. Compliance with these development and land use regulations would ensure future projects within the Public Benefit Zone would be visually similar and compatible with existing development and with the development currently anticipated by the General Plan.

Following compliance with the existing and proposed General Plan policies and Municipal Code , there would be no new significant or significantly different impacts on a scenic vista as a result of the proposed Project.

Page 398 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-5

b. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no State scenic highways within the City of Indian Wells. 2 The nearest officially designated State scenic highway is a portion of State Route 74 between the western boundary of the San Bernardino National Forest and State Route 111, located approximately four miles west of the parcel proposed for amendments under the Project (APN 633360002). The approximately 34- acre parcel proposed for amendments under the Project is not located adjacent to or within view of an officially designated State scenic highway; therefore, the Project would not substantially damage scenic resources within a State scenic highway. There would be no new significant or significantly different impacts related to scenic resources within a State scenic highway as a result of the proposed Project.
c. Would the project, in non -urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the pro ject is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Public Resources Code Section 21071 defines an “Urbanized area” as:
(a) An incorporated city that meets either of the following criteria:
(1) Has a population of at least 100,000 persons.
(2) Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.

According to the California Department of Finance, the City of Indian Wells has a current (2023) population of 4,774.3 The adjacent City of Palm Desert has a population of 50,615, and La Quinta has a population of 37,979. Combined, the cities have a population of 93,368, which does not exceed 100,000 persons; thus, the City does not qualify as being within an “Urbanized Area .” A such, a significant impact would occur if the Project would substantially degrade the existing visual character or quality of public views of the site and its surroundings.

The Project proposes a new PB land use and zoning designation to accommodate a portion of the City’s remaining lower income RHNA and would apply the land use and zoning designation to one 34-acre parcel (APN 633360002) that is currently undeveloped. 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; a tennis facility (Indian Wells Tennis Garden) to the east; and

2 California Department of Transportation, California State Scenic Highway System Map. Available:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1 aacaa. Accessed: March 13, 2024.
3 California Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020 -2023. Available: https://dof.ca.gov/forecasting/demographics/estimates/e-5-population- and-housing-estimates-for-cities-counties-and-the-state-2020-2023/. Accessed: March 13, 2024.

Page 399 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-6

Miles Avenue, followed by the Whitewater River flood control channel to the south. Long-range views of the Santa Rosa mountain range to the south, the San Jacinto mountain range to the west, and the Little San Bernardino mountain range to the north are afforded from the site and surrounding areas.

While future residential development associated with the proposed Project would occur within an undeveloped parcel , the General Plan identifies the parcel as Medium Density Residential and allows for the development of up to 238 residential dwelling units within the parcel. Therefore, the Project would not allow for greater residential development than what was analyzed in the General Plan FEIR as amended by the 2007 and 2013 Addenda. Similar to the development anticipated in the General Plan, future reside ntial development would be reviewed at the project level for consistency with applicable provisions related to aesthetics and scenic quality in the City’s General Plan and Municipal Code, including, but not limited to, Goal IIA2 and related policies in the General Plan Land Use Element, which are aimed at maintaining the City of Indian Wells as a beautiful and aesthetically pleasing community; and Municipal Code Chapter 21.60, Architecture and Landscape Review, which outlines the provisions of the City’s Architecture and Landscape Review procedure and is intended to ensure that the general appearance of structures, buildings and other constructed and erected objects is compatible with the existing built and landscaped environment and to ensure harmony between the structure and landscape . In addition, t he Project includes development and land use regulations within the proposed Public Benefit Zone, including, but not limited to, permitted uses, maximum “Residential Area”, general development requirements, residential development standards, residential de sign standards, nonresidential development, parking, and landscaping. Compliance with the development standards, General Plan goals and policies, and other regulations governing visual character and public views would ensure future projects within the Public Benefit Zone would not substantially degrade the existing visual character or quality of public views of the site and its surroundings.

Following compliance with the General Plan policies and Municipal Code, there would be no new significant or significantly different impacts that would substantially degrade the existing visual character or quality of public views as a result of the proposed Project. d. Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
While future residential development associated with the proposed Project would occur within an undeveloped parcel, which could introduce new sources of light or glare, the General Plan identifies the parcel as Medium Density Residential and allows for the development of up to 238 residential dwelling units within the parcel. Therefore, the Project would not allow for greater residential development than what was analyzed in the General Plan FEIR as amended by the 2007 and 2013 Addenda. Similar to the development anticipated in the General Plan, future development projects would be reviewed at the project level for consistency with applicable provisions designed to minimize adverse effects from lighting and glare. All lighting installed as part of future residential development would be subject to conformance with applicable Municipal Code requirements , including development and design standards contained in the Zoning Code, and lighting standards contained in Chapter 22.12 , Lighting Standards, of the Municipal Code , which requires outside

Page 400 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-7

lighting to be arranged and shielded in order to prevent any glare or reflection and any nuisance or hazardous interference of any kind on adjoining streets or property.

Following compliance with the General Plan policies and Municipal Code, there would be no new significant or significantly different impacts associated with the creation of a new source of substantial light or glare as a result of the proposed Project.

Page 401 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-8

This page intentionally left blank.

Page 402 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-9

3.2 AGRICULTURE AND FORESTRY RESOURCES
Thresholds:

Project Analysis
a. Would the project c onvert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non -agricultural use?
b. Would the project c onflict with existing zoning for agricultural use, or a Williamson Act contract?

Page 403 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-10

c. Would the project c onflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
d. Would the project result in the loss of forest land or conversion of forest land to non -forest use?
e. Would the project i nvolve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non -agricultural use or conversion of forest land to non-forest use?
The Project would not modify any existing General Plan or zoning designations that allow for or protect agriculture or forestry resources. The Project would apply the new PB land use and zoning designation to one 34 -acre parcel currently designated for medium density residential uses. The parcel proposed for amendments under the Project (APN 633360002) does not contain any mapped Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program.4 The parcel is not zoned for agricultural use, nor does it contain forest land or timberland. The parcel is not currently under a Williamson Act contract and is not used for agricultural or timber production. As such, the Project would not result in new agricultural or forestry resource impacts, as these resources do not occur.

4 California Department of Conservation, California Important Farmland. Available:
https://maps.conservation.ca.gov/agriculture/DataViewer/index.html. Accessed: March 8, 2024.

Page 404 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-11

3.3 AIR QUALITY
Thresholds:

The General Plan FEIR, as amended by the 2007 and 2013 Addenda, concluded that construction activities associated with General Plan implementation would temporarily increase PM 10 (fugitive dust), reactive organic compounds ( ROC), nitrogen oxides ( NOx), and carbon monoxide ( CO) emissions in the City. Emissions generated from future construction activities would probably cause temporary increases in pollutant concentrations which could lead to violations of the Federal and State maximum concentration standards . The frequency and conce ntrations of such violations would depend on a number of variables, and it is not possible to make an accurate quantitative estimation of pollutant concentrations that could occur under the life of the General Plan. However, based on “worst case” estimates, emissions associated with short-term construction activities could potentially exceed South Coast Air Quality Management District (SCAQMD) significance thresholds for project operations. The General Plan FEIR determined that this is a short -term signific ant impact that is mitigable with implementation of SCAQMD’s rules and regulations.

The General Plan FEIR concluded that t raffic generated by new development allowed under the General Plan would not cause intersections in the City to exceed SCAQMD standards for localized one-hour and eight -hour CO concentrations . Moreover, w ith implementation of transportation improvements recommended by the Circulation Element, all intersections w ould operate at acceptable levels upon buildout of the General Plan. Thus, the General Plan FEIR determined that

Page 405 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-12

all potential long-term air quality impacts for carbon monoxide concentrations at intersections will be below a level of significance.

The General Plan FEIR concluded that implementation of the General Plan would cause operational increases in pollutant emissions due to increases in vehicular traffic and increases in pollutant emissions due to increases in vehicular traffic and increases in energy consumption. The General Plan FEIR estimates that emissions for all pollutants would exceed the significance thresholds established by the SCAQMD; however, this is a worst case estimate and does not account for implementation of the General Plan policies that would reduce vehicle miles traveled (VMT) and energy conservation measures, or potential benefits associated with improvements in technology.

Projects occurring in the City would be evaluated on a project-specific level to ensure that operation emissions remain below project-significance levels.

The General Plan FEIR determined that short-term air quality impacts would be mitigated through implementation of SCAQMD’s measures (e.g., well-maintained equipment and efficiently managed scheduling of construction operations) as individual construction projects occur. In addition, while growth within the City would contribute to incremental increases in air pollution in the City, the General Plan includes a comprehensive set of policies intended to reduce air pollution and provide for compliance with the Air Quality Management Plan, Goods Movement Plan , Congestion Management Plan, and State Implementation Plan. These include the following: encourage local efforts to improve air quality, including consideration of a comprehensive ridesharing program, dust control measures, and coordinate with the South Coast Air Basin in implementing strategies proposed in the Air Quality Management Plan to improve regional air quality; and encourage the use of non -motorized circulation in the City by maintaining a system of bicycle routes and pedestrian walkways. The General Plan FEIR determined that with implementation of air quality policies in the General Plan Conservation and Open Space Element , long-term impacts on air quality are considered less than significant.

Project Analysis
a. Would the project c onflict with or obstruct implementation of the applicable air quality plan?
b. Would the project r esult in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard?
The City of Indian Wells is located within the Riverside County portion of the Salton Sea Air Basin, under jurisdiction the SCAQMD. SCAQMD, in coordination with the Southern California Association of Governments (SCAG), is responsible for developing and implementing the Air Quality Management Plan (AQMP) for the basin in order to identify, develop, and implement strategies and control measures to achieve National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) . The most recent update to the AQMP (2022 AQMP) was adopted in 2022.

The SCAQMD recommends that, when determining whether a project is consistent with the relevant AQMPs, the lead agency should assess whether the project would directly obstruct

Page 406 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-13

implementation of the plans by impeding SCAQMD’s efforts to achieve attainment with respect to any criteria air pollutant for which it is currently not in attainment of the NAAQS and CAAQS and whether it is consistent with the demographic and economic assu mptions (typically land use related, such as employment and population/residential units) upon which the plan is based. The most currently adopted AQMP (2022 AQMP) incorporates demographics forecasts from SCAG’s Connect SoCal 2020-2045 Regional Transportat ion Plan/Sustainability Communities Strategy (2020–2045 RTP/SCS) and growth assumptions from the City’s General Plan.

Criteria for determining consistency with the AQMP are defined by the following indicators:
• Criterion 1: A proposed project would not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of the AQMP’s air quality standards or the interim emissions reductions. • Criterion 2: A proposed project would not exceed the AQMP’s assumptions or increments based on the years of the project build-out phase.

Criterion 1 : While t he Project does not propose site -specific development , the Project would accommodate future residential development within one 34 -acre parcel (APN 633360002) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34-acre site; as such, the Project would not allow for greater residential development than what is currently permitted . Therefore, the proposed Project would not result in an increase in the frequency or severity of existing air quality violations.

While the Project does not propose site-specific development, new development and construction activities accommodated by the Project have the potential to result in project and cumulative air quality impacts. Construction of future residential development associated with implementation of the Project has the potential to temporarily emit criteria air pollutant emissions through the use of heavy-duty construction equipment, and through vehicle trips generated by workers and haul trucks. In addition, fugitive dust emissions would result from demolition and various soil-handling activities. Operation of future residential development would generate criteria air pollutant emissions from project-generated vehicle trips traveling within the City, energy sources such as natural gas combustion, and area sources such as landscaping equipment and consumer products usage.

Similar to the development anticipated in the General Plan, potential future construction and operational activities associated with implementation of the proposed Project would result in pollutants emissions. However, the proposed amendments to the General Plan Land Use Element, Zoning Code, and General Plan Land Use/Zoning Map would not allow for greater development than what was analyzed in the General Plan FEIR. The General Plan FEIR determined that short - term construction impacts would be mitigable with implementation of SCAQMD’s rules and regulations. Additionally, any development would be r equired to comply with the General Plan

Page 407 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-14

policies established to reduce potential air quality impacts associated with future development consistent with the General Plan, including, but not limited to, Conservation and Open Space Element Policy IIIA.6.1, which encourages local efforts to improve air quality and implementation of AQMP strategies to improve regional air quality; and Community Safety Element Policy IVA1.2, which requires construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards. While the exact level of construction emissions from future development of the site cannot be quantified without full detail of the development projects f uture development consistent with the proposed Project would be required to comply with the Air Quality Management Plan, State Implementation Plan , California Air Resources Board , South Coast Air Quality Management District regulations, California Code of Regulations Title 24 energy efficiency standards, and implement the General Plan policies, which would reduce emissions.

Criterion 2: Criterion 2 refers to whether the Project would exceed the AQMP’s assumptions or increments based on the years of the project build-out phase. A project is consistent with the 2022 AQMP in part if it is consistent with the population, housing, and employment assumptions that were used in the development of the 2022 AQMP. The emissions inventory for SCAB is formed, in part, by existing city and co unty General Plans. The AQMP is based on population, employment, and VMT forecasts by SCAG. A project might be in conflict with the AQMP if the development is greater than that anticipated in the local general plans and SCAG’s growth projections. As previously described, the Project would not allow for greater development than is currently permitted under the General Plan, which was used as part of SCAG’s regional population, housing, and employment assumptions. As such, the Project would be consistent with the projections.

Conclusion: The Project would not result in new air quality impacts beyond those identified in the General Plan FEIR. The proposed amendments to the General Plan Land Use Element, Zoning Code, and General Plan Land Use/Zoning Map would be consistent with the residential growth anticipated by the General Plan FEIR. Further, any future residential development within the 34-acre site would be required to comply with the General Plan policies established to reduce potential air quality impacts associated with f uture development consistent with the General Plan , including, but not limited to, Conservation and Open Space Element Policy IIIA.6.1, which encourages local efforts to improve air quality and implementation of AQMP strategies to improve regional air quality; and Community Safety Element Policy IVA1.2, which requires construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards. Following compliance with the General Plan policies and General Plan FEIR mitigation measures, which include implementation of existing SCAQMD rules to minimize pollutant emissions (e.g., watering for dust control, tuning of equipment, limiting truck traffic to non -peak hours) , there would be no new significant or significantly different impacts resulting from conflicts with or obstructing implementation of the AQMP or exceedance of criteria pollutant thresholds as a result of the proposed Project. c. Would the project expose sensitive receptors to substantial pollutant concentrations? While the Project does not propose site-specific development, new development and construction activities accommodated by the Project have the potential to expose sensitive receptors to substantial pollutant concentrations. Construction activities associated with future development projects under the Project would be localized within the immediate vicinit y. Compliance with regulatory requirements would be required, including, but not limited to, SCAQMD rules and

Page 408 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-15

regulations, which would greatly reduce pollution concentrations generated during construction activities. Additionally, the Project would not allow for greater residential development than what is currently permitted under the General Plan , and would not result in increased operational emissions. Following compliance with the General Plan policies and General Plan FEIR mitigation measures, which include implementation of existing SCAQMD rules to minimize pollutant emissions (e.g., watering for dust control, tuning of equipment, limiting truck traffic to non -peak hours), there would be no new significant or significantly different impacts resulting from the exposure of sensitive receptors to substantial pollutant concentrations as a result of the proposed Project. d. Would the project r esult in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
While the Project does not propose site -specific development, the Project would accommodate future residential development within one 34-acre parcel (APN 633360002). This parcel is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would allow for the development of up to 238 units within the 34-acre site; as such, the Project would not allow for greater residential development than what is currently permitted.

The proposed Project would not generate objectionable odors that would adversely affect substantial numbers of people. People in the immediate vicinity of construction activities may be subject to temporary odors typically associated with construction activities (diesel exhaust, hot asphalt, etc.). However, any odors generated by construction activities would be minor and would be temporary in duration. Residential uses, such as those that would be allowed within the PB designation, are typically not associated with other emissions such as odor sources. Therefore, the proposed Project would not create objectionable odors. Following compliance with the General Plan policies and General Plan FEIR mitigation measures , which include implementation of existing SCAQMD rules to minimize pollutant emissions (e.g., watering for dust control, tuning of equipment, limiting truck traffic to non -peak hours) , there would be no new significant or significantly different impacts related to other emissions such as odors as a result of the proposed Project.

Page 409 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-16

This page intentionally left blank.

Page 410 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-17

3.4 BIOLOGICAL R ESOURCES
Thresholds:

Fish and Wildlife Service?
X
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?
X
c. Have a substantial adverse effect on
federally protected wetlands as defined
by Section 404 of the Clean Water Act
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
X
d. Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites?
X
e. Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
X
f. Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
or other approved local, regional, or
state habitat conservation plan?
X

Page 411 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-18

General Plan FEIR Conclusions
The topic of Biological Resources is addressed in General Plan FEIR Section 4. 5, Biological Resources. The General Plan FEIR , as amended by the 2007 and 2013 Addenda, concluded that implementation of development under the General Plan could result in significant impacts to:
sensitive vegetation types and sensitive plant or animal species ; and local migratory routes of resident wildlife species . This is considered a significant but mitigable impact. The General Plan FEIR includes a mitigation measure that would require a complete biological survey to be conducted by a qualified biologist prior to development of future individual projects. The General Plan FEIR concluded that a current biological survey would ensure that any potential significant impacts to sensitive vegetation types or sensitive plant or animal species can be avoided or reduced to a level less than significant. Ultimately, the General Plan FEIR determined that following implementation of the General Plan FEIR mitigation measure and implementation of policies from the General Plan Conservation and Open Space Element, future development under the General Plan will have an impact below the level of significance on biological resources.

Project Analysis
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S.

Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34 -acre site; as such, the Project would not allow for greater residential development than what is currently permitted.

The parcel is generally bounded by roadways and development; however, the Whitewater River flood control channel runs in an easterly direction south of the parcel . The Fish and Wildlife Service’s National Wetlands Inventory identifie s the Whitewater River as containing riverine

Page 412 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-19

habitat.5 Future development within the undeveloped parcel has the potential to adversely impact special status species, riparian habitat , or sensitive natural communities, including federally protected wetlands. However, the Project would not result in new impacts to biological resources beyond those identified in the General Plan FEIR . Similar to the development anticipated in the General Plan, future residential development would be reviewed at the project level for consistency with applicable provisions related to biological resources in the City’s General Plan and Municipal Code. Future residential d evelopment would be subject to conformance with applicable federal, State, and local laws and regulations and would be guided by relevant General Plan policies, including, but not limited to, Conservation and Open Space Element Policy IIIA4.1, which directs development away from areas of sensitive biological habitat, unless effective mitigation measures can be implemented, and requires the preparation of a biological study for development proposals in areas of “high ecological sensitivity”; and Policy IIIA4.2, which requires development proposals to identify significant biological resources and provide mitigation including the use of adequate buffering, selective preservation, the provision of replacement habitats, the use of sensitive site planning techniques and other appropriate measures. Following compliance with the General Plan policies and General Plan FEIR mitigation measures , which include requirements for a biological survey to be conducted by a qualified biologist prior to development of future individual projects , there would be no new significant or significantly different impacts to candidate, sensitive, or special status species, riparian habitat, or wetlands as a result of the proposed Project. d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
The parcel proposed to receive the new PB designation is currently undeveloped and designated for medium density residential use . The parcel is generally bounded by roadways and development; however, as previously noted, the Whitewater River flood control channel runs in an easterly direction south of the parcel. Due to the developed nature of the area, future development within the undeveloped parcel is not likely to interfere with the movement of any native resident or migratory fish or wildlife species o r with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. The Project would not remove existing open space or allow for development within the Whitewater River flood control channel, located south of Miles Avenue. Similar to the development anticipated in the General Plan, future residential development would be reviewed at the project level for consistency with applicable provisions related to biological resources in the City’s General Plan and Municipal Code. Futu re residential development would be subject to conformance with applicable federal, State, and local laws and regulations and would be guided by relevant General Plan policies , including, but not limited to, Conservation and Open Space Element Policy IIIA4.1, which directs development away from areas of sensitive biological habitat , unless effective mitigation measures can be implemented, and requires the preparation of a biological study for development proposals in areas of “high ecological sensitivity”; and Policy IIIA4.2, which req uires development proposals to

5 U.S. Fish and Wildlife Service, National Wetlands Inventory. Available:
https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. Accessed: March 15, 2024.

Page 413 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-20

identify significant biological resources and provide mitigation including the use of adequate buffering, selective preservation, the provision of replacement habitats, the use of sensitive site planning techniques and other appropriate measures. Following compliance with the General Plan policies and General Plan FEIR mitigation measures , which include requirements for a biological survey to be conducted by a qualified biologist prior to development of future individual projects , there would be no new significant or significantly different impacts related to the movement of any fish or wildlife species or with wildlife corridors, or nursery sites, as a result of the proposed Project. e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
The Project does not propose site-specific development. Similar to the development anticipated in the General Plan, future residential development associated with the Project would be reviewed at the project level for consistency with applicable provisions related to biological resources in the City’s General Plan and Municipal Code, including, but not limited to, Conservation and Open Space Element Policy IIIA4.1, which directs development away from areas of sensitive biological habitat, unless effective m itigation measures can be implemented, and requires the preparation of a biological study for development proposals in areas of “high ecological sensitivity”; Policy IIIA4.2, which requires development proposals to identify significant biological resources and provide mitigation including the use of adequate buffering, selective preservation, the provision of replacement habitats, the use of sensitive site planning techniques and other appropriate measures; and Policy IIIA1.3, which encourages the use of indigenous palm trees in development projects and the preservation of existing trees where feasible to do so . Future residential development would be subject to conformance with applicable federal, State, and local laws and regulations and would be guided by relevant General Plan policies. Following compliance with the General Plan policies and General Plan FEIR mitigation measures, which include requirements for a biological survey to be conducted by a qualified biologist prior to development of future individual projects, there would be no new significant or significantly different impacts related to conflicts with any local policie s or ordinances protecting biological resources as a result of the proposed Project.
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? The City of Indian Wells is a permittee under the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and is located within the CVMSHCP area .6 The parcel proposed to receive the PB designation is not located in a Conservation Area designated by the CVMSHCP.

Implementation of the Project is not expected to conflict with the provisions of the CVMSHCP. The Project would not remove existing open space or allow for new or greater residential development than what was analyzed in the General Plan FEIR . Similar to the development anticipated in the General Plan, future residential development would be reviewed at the project level for consistency with applicable provisions related to biological resources in the City’s General Plan and Municipal

6 Coachella Valley Conservation Commission, Coachella Valley Multiple Species Habitat Conservation Plan. Available: https://cvmshcp.org/plan-documents/. Accessed: March 13, 2024.

Page 414 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-21

Code and other regional regulations, including the CVMSHCP. Applicable policies in the General Plan include, but are not limited to, Conservation and Open Space Element Policy IIIA4.4, which directs the City to continue to be a participant in the CVMSHCP. Following compliance with the General Plan policies and General Plan FEIR mitigation measures, which include requirements for a biological survey to be conducted by a qualified biologist prior to development of future individual projects, the Project would not conflict with the provisions of the CVMSHCP or any other habitat conservation plan or natural community conservation plan . There would be no new significant or significantly different impacts related to this topic as a result of the proposed Project.

Page 415 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-22

This page intentionally left blank.

Page 416 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-23

3.5 CULTURAL RESOURCES
Thresholds:

As discussed in the General Plan FEIR, as amended by the 2007 and 2013 Addenda, the City contains several areas of sensitivity with regard to cultural resource isolates, features, and sites of both the historic and prehistoric eras . The General Plan FEIR concluded th at excavation and grading from implementation of future development projects under the General Plan could damage or destroy significant cultural resources. This is considered a significant, but mitigable impact. The General Plan FEIR lists sever al mitigation measures to reduce potential impacts to cultural resources. Mitigation measures include the City’s Archaeological Resource Policy , which includes policy requirements identified in the CEQA Guidelines and established a process for the early identification and preservation of cultural resources within the Cit y. The General Plan FEIR also includes a project-level mitigation measure stating that a qualified archaeological monitor should be present during demolition and preliminary grading in the a reas of the project where building construction either pre -dates 1940 or have the potential to contain sensitive archaeological isolates, features, or sites . The General Plan FEIR determined that with implementation of the General Plan FEIR mitigation measures listed above and implementation of policies IIIA3.1 and IIIA3.2 from the General Plan Conservation and Open Space Element, potential impacts to archaeological resources would be reduced to less than a significant level.

Project Analysis
a. Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5?
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?

Page 417 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-24

c. Disturb any human remains, including those interred outside of dedicated cemeteries? 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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34-acre site; as such, the Project would not allow for new or greater residential development than what is currently permitted and analyzed in the General Plan FEIR.

As part of previous activities associated with the 34 -acre parcel, a Historical/Archaeological Resources Survey Report (Phase I) and Phase II Archaeological Testing have been prepared specific to the site.7,8 During the preliminary research conducted for the Phase I, researchers found that two archaeological sites were previously recorded as lying within or partially within the site (Recorded Sites). Due to the possibility of buried cultural remains, further investigations, including test excavations were recommended to assess the archaeological data potential and the historic significance of the Recorded Sites. Phase II archaeological testing was conducted in June 2022 and identified significant cultural resources on the Recorded Sites.

These steps were taken consistent with the General Plan FEIR, which includes mitigation to reduce potential significant impacts to cultural resources by requiring that sites proposed for future development be evaluated for archaeological resources either t hrough a literature search or by a certified archaeologist in accordance with CEQA (General Plan Policy IIIA3.2) . To the extent the General Plan FEIR recommends avoiding potential impacts to cultural resources by requiring sites proposed for future develop ment be evaluated for archaeological resources in accordance with CEQA, this mitigation measure (General Plan Policy IIIA3.2) has been complied with through preparation of these studies. The specific location for future development of affordable housing within the site would be determined based on the results of ongoing discussions with consulting Native American tribes regarding the final disposition of cultural resources. Thus, there would be no new significant or significantly different impacts to historic and archaeological resources or human remains as a result of the proposed Project.

7 CRM TECH, Historical/Archeological Resources Survey Report, Accessor’s Parcel Number 663-360-002, City of Indian Wells, Riverside County, California, December 2021. 8 CRM TECH, Phase II Archaeological Testing of Site 33-003007 and a Portion of Site 33-000064 Within Assessor’s Parcel Number 633-360-002, City of Indian Wells, Riverside County, California, July 2022.

Page 418 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-25

3.6 ENERGY
Thresholds:

4.10, Public Services/Utilities. As discussed in the General Plan FEIR, gas and electric agencies have indicated that gas and electrical loads anticipated for buildout of the General Plan are within the parameters of the overall projected load growth in the area. The General Plan FEIR concluded that dev elopment allowed under the General Plan would not significantly impact the service companies now providing natural gas and electricity in their ability to provide these services to meet projected demand. Additionally, the General Plan Conservation and Open Space Element contains policies pertaining to natural gas and electricity which must be adhered to , including encouraging the use of site planning techniques, building orientation, and building design that reduce energy use; encourag ing energy conservation by incorporating into City codes planning and building standards which minimize consumption of non -renewable resources; and working with Southern California Edison and the Imperial Irrigation District to develop and imp lement programs to reduce electrical demand in residential and commercial developments. The General Plan FEIR determined that no mitigation is necessary provided the General Plan Conservation and Open Space Element goals and policies are adhered to.

Page 419 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-26

Project Analysis
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? The Project would not result in new energy impacts beyond those identified in the General Plan FEIR. The proposed amendments to the General Plan Land Use Element, Zoning Code, and General Plan Land Use/Zoning Map would be consistent with the residential growth anticipated by the General Plan FEIR and would not allow for new or greater residential development than what was analyzed in the General Plan FEIR. Similar to the development anticipated in the General Plan, future residential development would be reviewed at the project level for consistency with existing regulations related to energy efficiency standards . As such, the Project would not be expected to cause an inefficient, wasteful, or unnecessary use of energy resources nor conflict with or obstruct a state or local plan for renewable energy or energy efficiency . The General Plan includes goals and policies to reduce potential impacts to energy resources , including , but not limited to, Conservation and Open Space Element Policy IIIA7.2, which directs the City to incorporate planning and building standards which minimize consumption of non -renewable resources, such as natural gas and fossil fuels, into City codes; Policy IIIA7.3, which directs the City to encourage a Green Building program that awards incentives for projects that install energy conservation measures; and Policy IIIA7.9, which directs the City to encourage the use of site planning techniques, building orientation , and building designs that reduce energy use . Any f uture development would be reviewed for consistency with State energy efficiency standards, including the California Energy Code and California Green Building Standards Code, as adopted by the City of Indian Wells, as well as General Plan policies aimed to reduce potential impacts to energy resources. Following compliance with the General Plan policies and existing regulations , there would be no new significant or significantly different impacts related to energy as a result of the proposed Project.

Page 420 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-27

3.7 GEOLOGY AND SOILS
Thresholds:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstance
Requiring
Major EIR
Revisions
Information
Showing
Greater
Significant
effects than
Previous EIR
No
Additional
Significant
Impact/
Less Than
Significant
Impact
With
Application
of
Mitigation
from FEIR
Less Than
Significant
Impact/No
Changes or
Information
Requiring
Preparation
of an MND
or EIR
No Impact
Would the project:
a. Directly or indirectly cause potential
substantial adverse effects, including
the risk of loss, injury, or death
involving:
• Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or
based on other substantial
evidence of a known fault? Refer
to Division of Mines and Geology
Special Publication 42.
• Strong seismic ground shaking?
• Seismic-related ground failure,
including liquefaction?
• Landslides?
X
b. Result in substantial soil erosion or the
loss of topsoil? X
c. Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on or off -site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
X
d. Be located on expansive soil, as defined
in Table 18 -1-B of the Uniform Building
Code (1994), creating substantial direct
or indirect risks to life or property?
X
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not available
for the disposal of waste water?
X
f. Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
X
General Plan FEIR Conclusions
The topic of Geology and Soils is addressed in General Plan FEIR Section 4.8, Geology, Soils, and Seismicity. Paleontological resources are addressed in General Plan FEIR Section 4.13, Paleontology. The General Plan FEIR, as amended by the 2007 and 2013 Addenda, concluded that

Page 421 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-28

vacant or recently graded land located within the alluvial fan areas of the City have slight to moderate soil blowing and erosion hazards. Soils within the floodplain and valley floor areas of the City have high blowsand hazards. These lands may be subject to high wind erosion and water erosion potential when disturbed by construction grading operations and severe weather conditions. Additionally, due to the proximity of major active fault zones to the City and sphere of influence area, the potential exists for significant groundshaking to occur throughout the City and landslide/rockfall hazards to occur in the mountains and foothills within the City. The General Plan FEIR determined that implementation of the General Plan Conservation and Open Space and Community Safety Element goals and policies , including policies IVA1.1, IVA1.2, IVA2.1, IVA2.2, IVA2.3, IVA2.4, IVA2.5, and IIIA5.4, would mitigate significant seismic and erosion/blowsand hazard impacts to a level that is less than significant.

The General Plan FEIR concluded that excavation and grading from implementation of future development projects under the General Plan may impact geologic formations that are designated with potential paleontological sensitivity. This is considered a signif icant, but mitigatable impact.

The General Plan FEIR includes mitigation measures to reduce potential impacts, including requiring sites proposed for future development to be evaluated for paleontological resources either through a literature search or by a certified paleontologist in accordance with CEQA. The mitigation measure requires that a ll public and private development projects in areas of high potential for paleontological resources be reviewed and strict adherence to CEQA guidelines for environmental documentation and mitigation measures shall be required. The General Plan FEIR determined that with implementation of the mitigation measures and General Plan Conservation and Open Space Element goals and policies , including policies IIIA3.2 and IIIA3. 1, potentially significant impacts to paleontological resources would be reduced to a level that is less than significant.

Project Analysis
a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
• Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Spec ial Publication 42.
• Strong seismic ground shaking?
• Seismic-related ground failure, including liquefaction? • Landslides?
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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density

Page 422 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-29

Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34-acre site; as such, the Project would not allow for new or greater residential development than what is currently permitted and analyzed in the General Plan FEIR.

Rupture of Known Fault on the Alquist-Priolo Map. The City of Indian Wells is not located within a designated Alquist-Priolo fault zone;9 therefore, the proposed Project would not expose people or structures to potentially substantial adverse effects involving rupture of a known earthquake fault.

Seismic Ground Shaking, Seismic -related Ground Failure (i.e., liquefaction), and Landslides .

Similar to the development anticipated in the General Plan, the potential for residential development accommodated through implementation of the Project would occur in a seismically active region and could expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. According to the California Geological Survey, the City is not located within a designated liquefaction or landslide zone.10 The Indian Wells General Plan further states that there are no areas of potential liquefaction in the City and landslides are not likely to occur in the City.11 Future residential development would be subject to conformance with applicable federal, State, and local laws and regulations, including seismic design standards in the California Building Standards Code (CBSC), as adopted and amended by Title 16, Buildings and Construction, of the Indian Wells Municipal Code. Additionally, the Indian Wells General Plan includes goals and policies related to seismic hazards, including, but not limited to, Community Safety Element Policy IVA2.1, which directs the City to adopt and maintain high standards for seismic performance of buildings through prompt adoption and careful enforcement of the most current seismic standards of the Uniform Building Code ; and Policy IVA2.3, which requires geological and soils engineering studies for developments in or adjacent to hillsides to assure safety from potential landslides and/or rockfalls . Following c ompliance with existing regulations and relevant General Plan goals and policies, there would be no new significant or significantly different impacts associated with potential substantial adverse effects involving rupture of a known earthquake fault, strong seismic ground shaking, seismic -related ground failure, and landslides as a result of the proposed Project. b. Result in substantial soil erosion or the loss of topsoil? Similar to the development anticipated in the General Plan, c onstruction activities for future residential development accommodated through implementation of the Project would displace soils and temporarily increase the potential for soils to be subject to wind and water erosion.

Construction-related impacts to soils would be short -term and would cease upon completion of construction. In addition, all new development projects would be required to comply with National

9 California Department of Conservation, California Geological Survey, Earthquake Zones of Required Investigation. Available: https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed: March 14, 2024.
10 California Department of Conservation, California Geological Survey, Earthquake Zones of Required Investigation. Available: https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed: March 14, 2024.
11 City of Indian Wells, City of Indian Wells 1996 General Plan, February 1996 (amended 2016).

Page 423 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-30

Pollution Discharge Elimination System ( NPDES) standards . Compliance with NPDES permit regulations would ensure that best management practices (BMPs ) are implemented to control accelerated erosion and sedimentation pollution associated with land development projects. In addition, future grading activities associated with new development would be required to be performed according to a grading plan approved by the City, as required by Title 18 , Excavations and Land Fills, of the Municipal Code. Following compliance with existing regulations and relevant General Plan goals and policies, including Community Safety Element Policy IVA1.1, which requires conformance with the City’s PM 10 Ordinance and directs the City to evaluate the need for permanent control devices in particularly windy areas to be installed prior to project grading, there would be no new significant or significantly different impacts associated with substantial soil erosion or the loss of topsoil as a result of the proposed Project. c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on - or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18 -1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Similar to the development anticipated in the General Plan, future residential development accommodated through implementation of the Project could occur in areas located on a geologic unit or soil that is unstable, and/or expansive soils. As stated above, the City is not located within a designated liquefaction or landslide zone. 12 Additionally, according to the Indian Wells General Plan, there are no areas of potential liquefaction or subsidence in the City and landslides are not likely to occur in the City .13 Due to the low potential for liquefaction, the potential for lateral spreading to occur would also be considered low. Future residential development would be reviewed at the project level for consistency with the General Plan and Municipal Code. The General Plan Community Safety Element includes Policy IVA2.1, which directs the City to adopt and maintain high standards for seismic performance of buildings through prompt adoption and careful enforcement of the most current seismic standards of the Uniform Building Code; and Policy IVA2.3, which requires geological and soils engineering studies for developments in or adjacent to hillsides to assure safety from potential landslides and/or rockfalls . Prior to excavation or grading activities, future new development would be required to obtain a permit as required by Title 18 , Excavations and Land Fills, of the Municipal Code and provide a grading report, soils report, and, when required by the building director, a geologist ’s report. Following compliance with existing regulations and relevant General Plan goals and policies, there would be no new significant or significantly different impacts associated with unstable geologic units or hazards due to expansive soil as a result of the proposed Project.

12 California Department of Conservation, California Geological Survey, Earthquake Zones of Required Investigation. Available: https://maps.conservation.ca.gov/cgs/EQZApp/app/. Accessed: March 14, 2024.
13 City of Indian Wells, City of Indian Wells 1996 General Plan, February 1996 (amended 2016).

Page 424 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-31

e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Future residential development accommodated through implementation of the Project would be required to connect to the public sewer system, as required by Title 14, Water and Sewers, of the Municipal Code. There would be no new significant or significantly different impacts associated with the use of septic tanks or alternative waste water disposal systems as a result of the proposed Project.
f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
As previously stated, the Project does not propose site -specific development. Similar to the development anticipated in the General Plan, future residential development accommodated through implementation of the Project could occur in areas that contain previously undiscovered paleontological resources or unique geologic features. Future residential development would be reviewed at the project level for consistency with the General Plan and Municipal Code. As demonstrated in the General Plan FEIR, the General Plan contains goals and policies that address paleontological resources, including Conservation and Open Space Element Policy IIIA3.1, which directs the City to review all public and private development projects in areas of high potential for archaeological/paleontological resources and require strict adherence to CEQA guidel ines for environmental documentation and mitigation measures; and Policy IIIA3.2, which requires sites proposed for future development to be evaluated for archaeological and paleontological resources either through a literature search or survey by a certified archaeologist or paleontologist in accordance with CEQA. In addition, the General Plan FEIR includes mitigation measures (General Plan Policy IIIA3.2 and Policy IIIA3.1) to reduce potential impacts to paleontological resources , including requiring sites proposed for future development to be evaluated for paleontological resources either through a literature search or by a certified paleontologist in accordance with CEQA. The mitigation measure (General Plan Policy IIIA3.1) requires that all public and private development projects in areas of high potential for paleontological resources be reviewed and strict adherence to CEQA guidelines for environmental documentation and mitigation measures shall be required. Following compliance with the General Plan policies and General Plan FEIR mitigation measures, including requiring sites proposed for future development to be eva luated for paleontological resources either through a literature search or by a certified paleontologist in accordance with CEQA, there would be no new significant or significantly different impacts to paleontological resources as a result of the proposed Project.

Page 425 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-32

This page intentionally left blank.

Page 426 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-33

3.8 GREENHOUSE GAS EMISSIONS
Thresholds:

Project Analysis
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34-acre site; as such, the Project would not allow for new or greater residential development than what is currently permitted and analyzed in the General Plan FEIR. Therefore, the Project would also be consistent with the growth projections and development antici pated by SCAG’s 2020–2045 RTP/SCS, as the growth projections are, in part, based on the land uses and growth anticipated by city general plans . At the regional level, SCAG’s 2020-2045 RTP/SCS is adopted for the purpose of reducing GHGs resulting from vehicular emissions by passenger vehicles and light duty trucks. Generally, projects are considered consistent with the provisions and general

Page 427 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-34

policies of applicable City and regional land use plans and regulations, such as the 2020-2045 RTP/SCS, if they are compatible with the general intent of the plans and would not preclude the attainment of their primary goals. The Project would be consistent with the General Plan and would not conflict with plans, policies, or regulations adopted for the purpose of reducing GHG emissions.

Future development would be required to be reviewed at the project level for consistency with the existing regulatory env ironment, including policies that address GHG emissions and other applicable GHG plans, policies, and regulations.

Page 428 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-35

3.9 HAZARDS AND HAZARDOUS MATERIALS
Thresholds:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstance
Requiring
Major EIR
Revisions
Information
Showing
Greater
Significant
effects than
Previous EIR
No
Additional
Significant
Impact/
Less Than
Significant
Impact
With
Application
of
Mitigation
from FEIR
Less Than
Significant
Impact/No
Changes or
Information
Requiring
Preparation
of an MND
or EIR
No Impact
Would the project:
a. Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
X
b. Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment?
X
c. Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
X
d. Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public
or the environment?
X
e. For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
would the project result in a safety
hazard or excessive noise for people
residing or working in the project area?
X
f. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
X
g. Expose people or structures, either
directly or indirectly, to a significant risk
of loss, injury or death involving
wildland fires?
X
General Plan FEIR Conclusions
The topic of Hazards and Hazardous Materials is addressed in General Plan FEIR Section 4.11, Public Safety/Hazardous Materials . The General Plan FEIR , as amended by the 2007 and 2013 Addenda, concluded that development under the General Plan has the potential to subject the public to significant impacts due to inadequate protection from fire hazards. However, the County of Riverside does not identify any areas within Indian Wells subject to wildland fires. Urban fires

Page 429 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-36

also pose little threat to the citizens of the community. As such, the General Plan FEIR determined that no mitigation measures would be required other than adherence to adopted City goals and policies regarding fire hazards.

The General Plan FEIR concluded that development under the General Plan has the potential to pose a public health and safety hazard due to inadequate preparation for flooding hazards.

However, 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. City development permits are required for all new construction and improvements within areas of special flood hazard. The General Plan FEIR determined that this potential adverse impact is not significant; no mitigation is required other than adherence to the City’s flood ordinances and construction permit standards, as well as the General Plan Community Safety Element.

As discussed in the General Plan FEIR, generators of hazardous wastes in the City include golf course operators, dry cleaners, and photograph developers. Underground storage tanks are located at the Coachella Valley Water District Lift Station, the Indian Wells Fire Station, and some of the country clubs within the City. These users and generators must comply with all applicable State and Federal regulations, which are enforced locally by the Riverside County Hazardous Materials Management Division. No mitigation is required. The General Plan FEIR determined that the risk of accidental release of emissions or upset of hazardous materials associated with the development under the General Plan is a potentially adverse but not significant impact, as legislation and regulations provide for reductions in the quantity of hazardous waste produced, safer disposal methods, and safer handling methods, and no mitigation is required.

As discussed in the General Plan FEIR, in the event of an emergency situation, the City has a local multifunction hazard plan to detail the City's planned response to extraordinary emergency situations associated with natural or human -caused disasters. The Multifunction Hazard Plan also provides guidance on law enforcement, traffic control operations, and movement and rescue operations during an emergency. If evacuation of the City becomes necessary, the general evacuation routes are Highway 111, Washington Street, Fred Waring Drive, and Cook Street. The General Plan determined that no mitigation for emergency response impacts is necessary other than implementation of General Plan goals and policies in the Community Safety Element regarding emergency procedures , including policies IVA3.1, IVA3.2, IVA3.3, IVA3.4, and IVA3.5 . These include requiring emergency preparedness to be the combined responsibility of the City, in conjunction with the County, Coachella Valley Association of Governments, and the State as well as City residents and the business community, and encouraging emergency response planning for interested citizens in existing and future development as well as the business community through the programs established by the Indian Wells In Neighborhoods Commission.

Page 430 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-37

Project Analysis
a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34-acre site; as such, the Project would not allow for new or greater residential development than what is currently permitted and analyzed in the General Plan FEIR.

Gerald R. Ford Elementary school is located within one -quarter mile of the parcel proposed for amendments under the Project. However, residential development does not typically involve the routine transport, use, or disposal of hazardous materials at a level that would result in a potentially significant impact. Future c onstruction activities associated with residential development on the parcel could result in accidental release of hazardous materials into the environment, potentially exposing construction workers and the public. However, any transport, storage, use or disposal of hazardous materials would be subject to applicable State and federal laws, minimizing the potential for upset and accident conditions to occur within the site.

The parcel proposed for amendments under the Project is not included on any of the data resources identified as meeting the Cortese List requirements.14, 15, 16 All future development would be subject to applicable federal, State, and local laws and regulations, and any development that involves

14 Department of Toxic Substances Control, EnviroStor Database. Available:
https://www.envirostor.dtsc.ca.gov/public/map/?global_id=38330005. Accessed: March 14, 2024. 15 California Environmental Protection Agency, Sites Identified with Waste Constituents Above Hazardous Waste Levels Outside the Waste Management Unit. Available: https://calepa.ca.gov/wp- content/uploads/sites/6/2016/10/SiteCleanup-CorteseList-CurrentList.pdf. Accessed: March 14, 2024. 16 California Environmental Protection Agency, Cortese List Data Resources. Available:
https://calepa.ca.gov/sitecleanup/corteselist/. Accessed: March 14, 2024.

Page 431 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-38

contaminated property, such as those properties listed on the Cortese List, would involve the cleanup and/or remediation of the property prior to construction . All new development projects would be required to meet existing regulations, including permitting requirements and disclosure laws.

Following compliance with the General Plan goals and policies and existing regulations, including but not limited to Community Safety Element Policy IVA1.7, which directs the City to enforce existing Federal, State, and local ordinances regulating the use, manufacture, sale, transport, storage, and disposal of hazardous substances, and to continue to implement the Riverside County Hazardous Waste Management Plan, there would be no new significant or significantly different impacts associated with hazardous materials as a result of the proposed Project. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? The Project 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. While the Project does not propose site -specific development, the Project would accommodate future residential development within one 34 -acre parcel (APN 633360002) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. However, the parcel is not located within two miles of an airport.

The closest airport is the Bermuda Dunes Airport, approximately 2.5 miles northeast of the parcel.

Therefore, there would be no new significant or significantly different impacts associated with airports as a result of the proposed Project.
f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
As previously stated, 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 .

While the Project does not propose site -specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed dev elopment potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34-acre site; as such, the Project would not allow for new or greater residential development than what is currently permitted and analyzed in the General Plan FEIR. Future development would be required to be reviewed at the project level for consistency with the existing regulatory environment, including General Plan policies that address emergency response and evacuation , including, but not limited to, Community Safety Element Policy IVA3.1, which encourages emergency preparedness to be the combined responsibility of the City, County, Coachella Valley Association of Governments, and the State as well as City residents and the business community; and IVA3.5, which directs the City to maintain at least two east - west and two north-south primary (or major) arterials to ensure adequate emergency evacuation.

Any future development woul d be subject to conformance with applicable municipal code

Page 432 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-39

requirements, including, but not limited to, Municipal Code Chapter 11.44, Temporary Street Closure, which requires a pproval of street closure permit before closing any portion of a public street or alley for storing construction materials or equipment, and would be reviewed to ensure adequate emergency access is provided and that proposed development would not interfere with an emergency response plan. There would be no new significant or significantly different impacts associated with emergency plans as a result of the proposed Project. g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
According to the General Plan and General Plan FEIR, there are no identified areas within Indian Wells that are subject to wildland fires. Further, according to the California Department of Forestry and Fire Protection (CAL FIRE) Fire Hazard Severity Zone Map, the parcel proposed for amendments is not located within or next to a Very High Fire Hazard Severity Zone within a Local Responsibility Area or State Responsibility Area.17 The Project would not involve expansion of urban uses onto lands located within or adjacent to wildland fire hazards areas. Future r esidential development would be reviewed at the project level for compliance with the existing regulatory environment, including the California Fire Code, as adopted and amended by Title 16, Buildings and Construction, of the Indian Wells Municipal Code. Following compliance with the General Plan goals and policies, including, but not limited to, Community Safety Element Policy IVA1.5 which requires new development to pay its pro -rata share of costs for fire services, and existing regulations, there would be no new significant or significantly different impacts related to wildland fires as a result of the proposed Project.

17 California Department of Forestry and Fire Protection, Fire Hazard Severity Zones in State Responsibility Area. Available: https://calfire-
forestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597ab693d008.

Accessed: March 14, 2024.

Page 433 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-40

This page intentionally left blank.

Page 434 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-41

3.10 HYDROLOGY AND WATER QUALITY
Thresholds:

Page 435 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-42

General Plan FEIR Conclusions
The topic of Hydrology and Water Quality is addressed in General Plan FEIR Section 4.4, Hydrology and Water Quality. The General Plan FEIR, as amended by the 2007 and 2013 Addenda, concluded that buildout of the General Plan would result in the conversion of vacant land and date groves into developed uses, which would increase impervious surfaces and result in a corresponding increase in surface runoff compared to existing land uses . However, the General Plan FEIR concluded that this increase is not considered a significant adverse impact because it is a relatively small portion of the City area.

As discussed in the General Plan FEIR, development from a natural land use to an urban land use results in changes in the volume and type of contaminants contained in the surface water runoff.

Urban development will generally cause an increase in the load and runoff concentration of organic and inorganic constituents. These constituents are expected to degrade overall local water quality.

However, surface water quality is protected through implementation of the Federal Clean Water Act which requires all com munities to conform to standards regulating the quality of water discharged into streams, including stormwater runoff. The General Plan FEIR determined that this requirement would reduce potential significant adverse water quality impacts to below a level of significance.

The General Plan FEIR concluded that t he only developments within the Federal Emergency Management Agency (FEMA) 100-year floodplain zone are golf courses in the Deep Canyon drainage. There are residential areas located within FEMA 500-year floodplain zones. The City’s Floodplain 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. City development permits are required for all new construction and improvements within areas of special flood hazard. The General Plan FEIR determined that this requirement reduces potential significant adverse flooding impacts to below a level of significance.

Several General Plan Conservation and Open Space Element policies ensure that urban runoff from future new development pursuant to the General Plan is minimized and that water quality is maintained, including policies IIIA5.4, IIIA5.5, and IIIA5.6. The General Plan FEIR determined that with implementation of General Plan Conservation and Open Space Element policies as individual projects are processed, potential significant impacts to the rate, amount, and quality of surface water flow would be mitigated to below a level of significance.

The General Plan FEIR concluded that t he estimated demand for potable water at buildout of the General Plan would be increased by 11.6 million gallons per day (mgd) for domestic purposes. To reserve as much of the groundwater as necessary for potable demands, alternative water conservation measures will need to accommodate demands from other uses, such as outdoor recreation and exterior landscaping use. Several General Plan Conservation and Open Space Element policies ensure that the City’s use of groundwater for future new development under the General Plan is minimized , including policies IIIA5.1, III5.2, and IIIA5.3 . The General Plan FEIR determined that implementation of these measures should reduce the amount of water required for domestic uses and would reduce potential significant impacts to the consumption of groundwater to below a level of significance.

Page 436 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-43

The General Plan FEIR concluded that development activities related to buildout have the potential to adversely impact surface and groundwater quality. However, the General Plan FEIR determined that adherence to Federal Clean Water Act standards for discha rge of stormwater and reclaimed water would reduce potential adverse impacts to groundwater quality to below a level of significance.

The General Plan FEIR concluded that i mplementation of water resource policies described in the General Plan regarding surface and groundwater hydrology, water quality, and water consumption as individual projects are processed will assure that potential significant impacts related to hydrology and water quality are mitigated. These policies include instituting floodplain management techniques, such as linear parks, golf courses, and/or open space preservation in lieu of channelization; active participation in regional activities to assure the effective management of water resources (Policy IIA3.5); and conservation of water resources in the City through use of native and water-efficient landscaping (Policy IIIA5.1).

Project Analysis
a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34-acre site; as such, the Project would not allow for new or greater residential development than what is currently permitted and analyzed in the General Plan FEIR.

Future residential development accommodated through implementation of the Project could contribute to water quality degradation in the City during project construction and operation.

Future site -specific development projects would be required to meet stormwater quality requirements through implementation of BMPs during construction and operational activities in accordance with NPDES permit regulations . In addition, future grading activities associated with new development would be required to be performed according to a grading plan approved by the City, as required by Title 18 , Excavations and Land Fills , of the Municipal Code . Similar to the development anticipated in the General Plan and analyzed in the General Plan FEIR, future residential development projects would be subject to conformance with applicable federal, State, and local laws and regulations, including the Clean Water Act, and be guided by relevant General Plan policies related to water quality, including, but not limited to, Conservation and Open Space Element Policy IIIA5.5, which directs the City to actively participate in regional activities to assure the effective management of water resources, and the development of water policies at the County, State and Federal level that are favorable to the Coachella Valley. Following compliance with the General Plan goals and policies and existing regulations, there would be no new significant or significantly different impacts associated with water quality as a result of the proposed Project.

Page 437 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-44

b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
The City of Indian Wells is located within the water service area of the Coachella Valley Water District (CVWD).18 Water delivered to customers in the City is a combination of groundwater from the Coachella Valley Groundwater Basin, recycled water, and imported water from the Colorado River through the Coachella Channel and through an exchange agreement with the Metropolitan Water District of Southern California . The City of Indian Wells overlies the Indio Subbasin of the Coachella Valley Groundwater Basin.

As indicated in the 2020 Coachella Valley Regional Urban Water Management Plan (RUWMP), the West Valley, which includes Indian Wells, generally relies on groundwater as its principal water source.19 In the West Valley portion of the Indio Subbasin, underlying sediment profiles consist of coarse sand and gravel with minor amounts of clay. The aquifer in this area is unconfined, allowing water that is applied on the ground surface to percolate directly into the underlying aquifer system, making recharge simple and efficient. In addition, CVWD operates and maintains groundwater recharge facilities at three locations in the Coachella Valley : Whitewater River Groundwater Replenishment Facility, the Thomas E. Levy Groundwater Replenishment Facility, and the Palm Desert Groundwater Replenishment Facility.

As previously stated, 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 .

As analyzed in the General Plan FEIR, f uture development with impervious surfaces has the potential to reduce groundwater recharge to the Coachella Valley Groundwater Basin . However, the parcel proposed for amendments under the Project does not contain designated groundwater recharge facilities and is not identified by the 2020 RUWMP as being a significant source of groundwater recharge. Future residential development would be subject to conformance with applicable federal, State, and local laws and regulat ions and be guided by relevant General Plan

18 Water Systems Consulting, Inc., 2020 Coachella Valley Regional Urban Water Management Plan. June 2021. Available: https://www.cvwd.org/DocumentCenter/View/5482/Coachella-Valley-RUWMP.

Accessed: March 14, 2024.
19 Water Systems Consulting, Inc., 2020 Coachella Valley Regional Urban Water Management Plan. June 2021. Available: https://www.cvwd.org/DocumentCenter/View/5482/Coachella-Valley-RUWMP.

Accessed: March 14, 2024.

Page 438 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-45

policies related to groundwater , including, but not limited to, Conservation and Open Space Element Policy IIIA5.5, which directs the City to actively participate in regional activities to assure the effective management of water resources, and the development of water policies at the County, State and Federal level that are favorable to the Coachella Valley; and Policy IIIA5.7, which directs the City to coordinate with the CVWD to monitor citywide water usage on an annual basis and make recommendations to modify or expand water conservation measures to ensure their effectiveness. Following compliance with the General Plan goals and policies and existing regulations, there would be no new significant or significantly different impacts associated with groundwater as a result of the proposed Project.
c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
• result in substantial erosion or siltation on- or off-site; • substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
• create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
• impede or redirect flood flows?
As previously stated, 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 633360002) is undeveloped and does not contain existing onsite stormwater infrastructure. However, the parcel is located within an area that is generally developed and bounded by Miles Avenue and Warner Trail, which connect to the City’s stormwater system. Future residential development accommodated through implementation of the Project would be required to comply with NPDES permit regulations and would implement BMPs to address water quality and stormwater discharge volumes. Future grading activities associated with new development on the parcel proposed for amendment s would be required to be performed according to a grading plan approved by the City, as required by Title 18, Excavations and Land Fills, of the Municipal Code, which would reduce erosion and siltation potential. Similar to the development anticipated in the General Plan and analyzed in the General Plan F EIR, future

Page 439 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-46

residential development would be subject to conformance with applicable federal, State, and local laws and regulations and be guided by relevant General Plan policies related to stormwater, including, but not limited to, Conservation and Open Space Element Policy IIIA5.5, which directs the City to actively participate in regional activities to assure the effective management of water resources, and the development of water policies at the C ounty, State and Federal level that are favorable to the Coachella Valley; and Community Safety Element Policy IVA1.3, which directs the City to encourage and cooperate with the CVWD to maintain adequate flood flow capacity in the Whitewater and Deep Canyon flood control channels to prevent area flooding from anticipated maximum flood flows. Following compliance with the General Plan goals and policies and existing regulations, there would be no new significant or significantly different impacts to existing drainage patterns which would result in substantial erosion or silt ation, result in flooding, exceed capacity of existing or planned stormwater drainage systems, provide additional sources of polluted runoff, or impede or redirect flood flows as a result of the proposed Project. d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
According to the Federal Emergency Management Agency, the parcel proposed for amendments is not located within a special flood hazard area .20 According to the General Plan, dam failures, tsunamis, and seiches are not an issue in Indian Wells. There would be no new significant or significantly different impacts associated with flood hazards or inundation as a result of the proposed Project.
e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34-acre site; as such, the Project would not allow for new or greater residential development than what is currently permitted and analyzed in the General Plan FEIR.

As analyzed in the General Plan FEIR, future development accommodated through implementation of the Project would be required to comply with NPDES permit regulations and would implement BMPs during construction and operational activities to meet stormwater quality requirements , consistent with the Water Quality Control Plan for the Colorado River Basin Region . In addition, future grading activities associated with new development would be required to be performed

20 Federal Emergency Management Agency, FEMA Flood Map Service Center: Search By Address.

Available: https://msc.fema.gov/portal/search. Accessed: March 14, 2024.

Page 440 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-47

according to a grading plan approved by the City, as required by Title 18, Excavations and Land Fills, of the Municipal Code.

The Project would not allow for new or greater development than what is currently permitted and analyzed in the General Plan FEI R. As such, the Project would not increase water demand within the City beyond what has already been accounted for in the 2020 RUWMP projections. Further, the parcel proposed for amendments under the Project does not contain designated groundwater recharge facilities and is not identified by the 2020 RUWMP as being a significant source of groundwater recharge. Similar to the development anticipated in the General Plan and analyzed in the General Plan FEIR, future residential development projects would be subject to conformance with applicable federal, State, and local laws and regulations and be guided by relevant General Plan policies related to hydrology and water quality, including, but not limited to, Conservation and Open Space Element Policy IIIA5.5, which directs the City to actively participate in regional activities to assure the effective management of water resources, and the development of water policies at the Cou nty, State and Federal level that are favorable to the Coachella Valley; Policy IIIA5.7, which directs the City to coordinate with the CVWD to monitor citywide water usage on an annual basis and make recommendations to modify or expand water conservation measures to ensure their effectiveness; and Community Safety Element Policy IVA1.3, which directs the City to encourage and cooperate with the CVWD to maintain adequate flood flow capacity in the Whitewater and Deep Canyon flood control channels to prevent area flooding from anticipated maximum flood flows. Following compliance with the General Plan goals and policies and existing regulations, there would be no new significant or significantly different impacts associated with implementation of a water quality control plan or sustainable groundwater management plan as a result of the proposed Project.

Page 441 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-48

This page intentionally left blank.

Page 442 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-49

3.11 LAND USE AND PLANNING
Thresholds:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstance
Requiring
Major EIR
Revisions
Information
Showing
Greater
Significant
effects than
Previous EIR
No
Additional
Significant
Impact/
Less Than
Significant
Impact
With
Application
of
Mitigation
from FEIR
Less Than
Significant
Impact/No
Changes or
Information
Requiring
Preparation
of an MND
or EIR
No Impact
Would the project:
a. Physically divide an established
community? X
b. Cause a significant environmental
impact due to a conflict with any land use
plan, policy, or regulation adopted for
the purpose of avoiding or mitigating an
environmental effect?
X
General Plan FEIR Conclusions
The topic of Land Use is addressed in General Plan FEIR Section 4.1, Land Use. The General Plan FEIR, as amended by the 2007 an d 2013 Addenda, concluded that the General Plan provides policies and guidelines under which future development would be considered. Under the General Plan Land Use Plan, the City is expected to have a population of 12,463 residents. This represents an increase of approximately 80 percent over the 1994 population of 6,900. The 6,247 potential buildout units for the City and the sphere of influence would be dominated by very low density single-family detached units. The predominantly residential character of the City will continue to be supported by resort commercial uses. Open space within the City will consist of public parks, public and private golf courses and tennis facilities, private and public open space, storm channels (Deep Canyon and Whitewater River channels), and natural preserve areas (private lands with only limited residential potential as permitted by the Hillside Management Ordinance). The General Plan FEIR determined that the resulting total open space of 6,867.5 acres (including streets), dominated by the 4,619 acres of private and public open space within the Santa Rosa Mountains, would continue to preserve the aesthetic character of the City of Indian Wells, and not represent an adverse land use impact. The General Plan FEIR ultimately determined that several policies in the General Plan Land Use Element, Noise Element, Circulation Element, and the Conservation and Open Space Element ensure that adverse direct land use compatibility impacts would be avoided as new development proceeds under the General Plan.

Project Analysis
a. Physically divide an established community?
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 Land Use Element would be

Page 443 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-50

revised to include a new PB land use designation and associated acreage and development potential resulting from the General Plan Land Use/Zoning Map Amendment to allow for implementation of the proposed rezoning program. The Zoning Code would be amended to include a Public Benefit zoning district, including development and land use regulations, to implement the PB land use designation. The General Plan Land Use/Zoning Map would also be amended to apply the PB land use and zoning designation to APN 633360002, consistent with the 2021-2029 Housing Element, in order to accommodate the City’s RHNA.

The parcel proposed for amendments under the Project (APN 633360002) is designated Medium Density Residential, allowing for the development of up to 238 residential dwelling units. Similarly, the Project’s proposed PB 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; a tennis facility (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. 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. Following compliance with the General Plan goals and policies, there would be no new significant or significantly different impacts related to the physical division of an establishe d community as a result of the proposed Project.
b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? The proposed amendments to the General Plan Land Use Element, Zoning Code, and General Plan Land Use/Zoning Map would provide consistency between the General Plan and zoning and would not conflict with City plans, policies, or regulations adopted for environmental protection. The General Plan includes goals and policies to reduce potential impacts resulting from new development and intensification of existing land uses. The Project would not allow for new or greater residential development than what is already allowed in the General Plan and analyzed in the General Plan FEIR. Future development, consistent with the General Plan and zoning, would be reviewed for consistency with policies adopted for the purposes of avoiding or mitigat ing an environmental effect and implement mitigation measures, as appropriate. The Project would not result in new land use and planning impacts beyond those identified in the General Plan FEIR .

Following compliance with the General Plan goals and policies and existing regulations, there would be no new significant or significantly different impacts to land use and planning as a result of the proposed Project.

Page 444 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-51

3.12 MINERAL RESOURCES
Thresholds:

Thus, the General Plan FEIR determined that the potential to impa ct significant mineral deposits during implementation of the General Plan is not significant, and no mitigation would be required.

Project Analysis
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 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. As stated in the General Plan FEIR, the City includes areas classified by the Division of Mines and Geology as MRZ -1 (i.e., zone where adequate information indicates there are no significant mineral deposits present or where it is judged that there is little lik elihood for their presence) and MRZ -3 (i.e., area that contains

Page 445 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-52

mineral deposits, but their significance cannot be determined based on available data). However, the MRZ-3 designated area within the City comprises the steep terrain of the Santa Rosa Mountains in the southern part of the City and the western portion of the City, which is already predominantly developed. Similar to the development anticipated in the General Plan, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002) currently designated for Medium Density Re sidential uses. This parcel is vacant and does not contain a locally -important mineral resource recovery site . The Project would not result in new mineral resources impacts beyond those identified in the General Plan FEIR, as there would be no new significant or significantly different impacts to mineral resources as a result of the proposed Project.

Page 446 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-53

3.13 NOISE
Thresholds:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstance
Requiring
Major EIR
Revisions
Information
Showing
Greater
Significant
effects than
Previous EIR
No
Additional
Significant
Impact/
Less Than
Significant
Impact
With
Application
of
Mitigation
from FEIR
Less Than
Significant
Impact/No
Changes or
Information
Requiring
Preparation
of an MND
or EIR
No Impact
Would the project result in:
a. Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
X
b. Generation of excessive groundborne
vibration or groundborne noise levels? X
c. For a project located within the vicinity
of a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or
working in the project area to excessive
noise levels?
X
General Plan FEIR Conclusions
The topic of Noise is addressed in General Plan FEIR Section 4.6, Noise. The General Plan FEIR concluded that implementation of the General Plan land uses could expose receivers to noise levels in excess of City standards for commercial and residential uses, respectively. The projected noise levels from buildout vehicular traffic volumes represent potentially significant but mitigable impacts. Mitigation measures included in the General Plan FEIR , as amended by the 2007 an d 2013 Addenda, include, in areas potentially exposed to noise levels in excess of 70 dBA CNEL, a detailed noise analysis should be completed demonstrating that noise levels for sensitive interior uses and usable outdoor areas can be lessened to comply with City standards. For residential uses, a detailed noise analysis should be completed for any project proposed in areas exposed to noise levels in excess of 60 decibels. When single- or multi-family residential uses are proposed, an acoustical study should be conducted to confirm that measures achieve the City's noise standards.

In addition, the General Plan Noise Element contains noise policies which would ensure that noise levels from traffic generation and other noise generating activities are minimized. These policies include discouraging through traffic in residential neighborhoods, implementation of the Highway 111 Specific Plan, encouraging transportation demand management programs to reduce vehicular traffic, and enforcement of the City's noise ordinance. The General Plan FEIR determined that following implementation of the mitigation measures and General Plan policies, future development under the General Plan would be exposed to noise impacts below the level of significance.

Page 447 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-54

Project Analysis
a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 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 633360002) is designated Medium Density Residential, allowing for the development of up to 238 residential dwelling units. Similarly, the Project’s proposed PB designation would allow for the development of up to 238 units. Therefore, the Project would not allow for greater residential development than what was analyzed in the General Plan FEIR.

Construction activities associated with future residential development would result in short-term noise impacts within the vicinity of the parcel proposed for amendments under the Project .

Construction activities would be required to comply with the acceptable noise levels established in the City’s Noise Ordinance ( Municipal Code Chapter 9.06, Noise) and would be required to occur only within permissible hours as permitted by Section 9.06.047 , Construction or Landscape Maintenance Noise, of the Municipal Code.

Long-term operational noise associated with future residential development would also be expected to result in new stationary and non-stationary sources of noise. Since no specific development is proposed as part of the Project, it is unknown if these sources of noise would exceed ambient noise level standards. However, the Project would not allow for greater residential development than what was analyzed in the General Plan FEIR. Future residential development would be reviewed at the project level for consistency with the City’s General Plan , including the Land Use Compatibility For Community Noise Environments ( Figure IVB-1) and Municipal Code, including the Noise Ordinance. The General Plan also contains goals and policies to reduce potential noise impacts, including, but not limited to, Noise Element Policy IVB1.1, which requires all new or expansion of existing residential development or other noise -sensitive land uses in areas exceeding 65 dB CNEL to incorporate mitigation measures to reduce noise levels to 65 dB CNEL or less in outdoor activity areas and 45 dB CNEL or less in interior living spaces, and requires an acoustical study as part of residential development and transportation corridor projects which sets forth mitigating measures to attain these standards; and IVB2.1, which requires mitigation at the property line if new or an expansion of existing noise -generating land uses results in noise levels that exceed 65 dB(A) CNEL in areas containing residential or other noise -sensitive land uses.

Following compliance with the General Plan goals and pol icies, existing regulations, and General Plan FEIR mitigation measures, including requirements related to preparation of a noise/acoustical study demonstrating compliance with City standards , there would be no new significant or significantly different impacts related to noise as a result of the proposed Project. b. Generation of excessive groundborne vibration or groundborne noise levels? Similar to the development anticipated in the General Plan, the Project would accommodate future residential development within one 34-acre parcel (APN 633360002) that is currently undeveloped.

Page 448 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-55

The main sources of vibration associated with future potential development of the parcel proposed for amendments would be related to vehicles and construction. Typical roadway traffic, including heavy trucks, rarely generates vibration amplitudes high enough to cause structural or cosmetic damage. However, there have been cases in which heavy trucks traveling over p otholes or other discontinuities in the pavement have caused vibration high enough to result in complaints from nearby residents. These types of issues typically can be resolved by smoothing the roadway surface. Future construction activities associated with implementation of the Project could generate groundborne vibration at existing sensitive uses that are located adjacent to or within the vicinity of the parcel, including residential uses to the west and the Gerald R. Ford Elementary School to the north. These uses are separated from the parcel by roadways are not expected to be adversely impacted by vibration from construction activities. Future residential development would be reviewed at the project level for consistency with the City’s General Plan g oals and policies and Municipal Code, including, but not limited to Noise Element Policy IVB1.2, which requires that automobile and truck access to commercial properties located adjacent to residential parcels be located at the maximum practical distance from the residential parcel . Following compliance with the General Plan goals and policies, existing regulations, and General Plan FEIR mitigation measures, there would be no new significant or significantly different impacts related to groundborne vibration and noise as a result of the proposed Project. c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in th e project area to excessive noise levels?
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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34-acre parcel (APN 633360002). The parcel is not located within two miles of an airport or private airstrip. The closest airport to the project is the Bermuda Dunes Airport, approximately

2.5 miles northeast of the parcel. Therefore, no impacts related to this issue are expected as a result of Project implementation. There would be no new significant or significantly different impacts associated with airport noise as a result of the proposed Project.

Page 449 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-56

This page intentionally left blank.

Page 450 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-57

3.14 POPULATION AND HOUSING
Thresholds:

Upon buildout of the General Plan, the population in the plan area would increase by about 5,563 persons. This represents an approximately 80 percent increase over the current population over the next 20 years, and would represent only an incremental increase from that anticipated by the currently adopted General Plan (11,445 persons). Displacement of residents to accomplish buildout of the General Plan would not be anticipated. As such, the General Plan FEIR determined that this is not considered a significant impact and not mitigation is required.

Project Analysis
a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?

Page 451 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-58

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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34 -acre site; as such, the Project would not allow for greater residential development than what is currently permitted. Therefore, implementation of the Project would not induce unplanned population growth beyond those disclosed and analyzed throughout the General Plan FEIR. Additionally, implementation of the Project would not displace substantial numbers of existing people or housing.

The Project would not result in new impacts to population and housing beyond those identified in the General Plan FEIR. Future development, consistent with the General Plan and zoning, would be reviewed for consistency with policies aimed to reduce potential impacts associated with population and housing. Following compliance with the General Plan goals and policies and existing regulations, there would be no new significant or significantly different impacts related to population and housing as a result of the proposed Project.

Page 452 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-59

3.15 PUBLIC SERVICES
Thresholds:

The General Plan FEIR concluded that development allowed under the General Plan would not significantly impact the ability of the Fire Department service agency to provide adequate fire protection and paramedic services to meet future needs. As development occurs, the adequacy of fire protection services will co ntinue to be analyzed on a site -specific basis in accordance with CEQA. The City would review all development proposals to ensure they comply with the appropriate fire codes. Additionally, the General Plan Land Use and Community Safety Elements include policies related to fire protection.

Page 453 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-60

The General Plan FEIR concluded that development allowed under the General Plan would generate an incremental increase in student population for the area . This is considered a significant but mitigable impact. The General Plan FEIR includes a mitigation measure wherein projects will be assessed a development fee, consistent with Assembly Bill (AB) 2926 and AB 1600, to offset the public educational costs associated with the proposed development. The General Plan FEIR determined that significant impacts to th e public education can be mitigated to a level less than significant through implementation of the listed mitigation measure.

The General Plan FEIR concluded that development allowed under the General Plan would create additional demand for public park land. This is considered a significant, but mitigable impact. The General Plan FEIR determined that with implementation of General Plan Conservation and Open Space Element policies IIIA2.1, IIIA2.2, IIIA2.3, and IIIA2.4 , potential significant impacts to the adequate provision of park land would be mitigated to a level less than significant.

The General Plan FEIR concluded that development allowed under the General Plan would increase the demand for library services. This is considered a significant but mitigable impact. The General Plan FEIR determined that continued payment by citizens of Indian Wells and non -resident members of the Riverside County Free Library system will mitigate the increased demand for library services as projected for buildout conditions of the General Plan.

Ultimately, the General Plan FEIR determined that following implementation of mitigation measures, which include the General Plan Policies referenced above, the General Plan would have less than significant impacts on the provision of public services.

Project Analysis
a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause signif icant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
• Fire protection?
• Police protection?
• Schools?
• Other public facilities?
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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to

Page 454 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-61

238 units within the 34 -acre site; as such, the Project would not allow for greater residential development than what is currently permitted.

Therefore, demand for public services on a project and cumulative project level would not exceed what has been anticipated by the General Plan and analyzed in the General Plan FEIR . While the parcel proposed for amendments is located in an area that is generally developed and served by existing public services, future development could incrementally increase the demand for public services. However, the proposed Project does not propose site -specific development and would not allow for new or greater residential development than is currently allowed under the General Plan. The General Plan includes goals and policies to reduce potential impacts to public services as a result of new development and intensification of land uses. Any development would be required to comply with the General Plan policies established to reduce potential impacts to public services, including, but not limited to, Land Use Element Policy IIA4.5, which requires that development pay its pro -rata share of the cost of public services and facility expansions required by that development; and Community Safety Element Policy IVA1.5, which directs the City to develop a comprehensive fire plan which forecasts future personnel and equipment needs and require new development to pay its pro -rata share of costs for fire services . Following compliance with the General Plan goals and policies, existing regulations, and General Plan FEIR mitigation measures, including the payment of applicable development fees , there would b e no new significant or significantly different impacts related to public services as a result of the proposed Project. b. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause signif icant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
• Parks?
The Project does not propose site-specific development, nor does it include recreational facilities; 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. As stated, the Project would not allow for new or greater residential development than is currently allowed under the General Plan. Therefore, demand for parks and recreational facilities on a project and cumulative p roject level would not exceed what has been anticipated by the General Plan and analyzed in the General Plan FEIR.

As the parcel proposed for amendments is currently undeveloped, future development could incrementally increase the demand for and use of parks and recreation in the City . The General Plan includes goals and policies to support the development of new parks and recreation facilities and maintenance and improvement of existing parks and recreation facilities. Additionally, General Plan policies require new development to provide parkland dedication or payment of in-lieu fees to ensure adequate park space and facilities are provided within the City and new development. Any future residential development would be required to comply with the General Plan policies established to reduce potential impacts to parks and recreation facilities, including, but not limited to, Open Space and Conservation Element Policy IIIA2.1, which requires developers to dedicate

Page 455 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-62

land based upon the park acreage standard of up to five acres per one thousand population or, at the City Council's discretion, the payment of fees in -lieu of the dedication of land in accordance with the Municipal Code . Following compliance with the General Plan goals and policies, existing regulations, and General Plan FEIR mitigation measures, including the payment of applicable development fees, there would be no new significant or significantly different impacts related to parks and recreation as a result of the proposed Project.

Page 456 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-63

3.16 RECREATION
Thresholds:

For purposes of this Addendum, the topic of Recreation is discussed in Section 3.15, Public Services, consistent with the organization of the General Plan FEIR.

Project Analysis
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Refer to Section 3.15, Public Services.

Page 457 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-64

This page intentionally left blank.

Page 458 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-65

3.17 TRANSPORTATION
Thresholds:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstance
Requiring
Major EIR
Revisions
Information
Showing
Greater
Significant
effects than
Previous EIR
No
Additional
Significant
Impact/
Less Than
Significant
Impact
With
Application
of
Mitigation
from FEIR
Less Than
Significant
Impact/No
Changes or
Information
Requiring
Preparation
of an MND
or EIR
No Impact
Would the project:
a. Conflict with a program, plan, ordinance
or policy addressing the circulation
system, including transit, roadway,
bicycle and pedestrian facilities?
X
b. Would the project conflict or be
inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)?
X
c. Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
X
d. Result in inadequate emergency
access? X
General Plan FEIR Conclusions
The topic of Transportation is addressed in General Plan FEIR Section 4.2, Transportation/Circulation. The General Plan FEIR , as amended by the 2007 and 2013 Addenda, concluded that development under the General Plan could result in an inadequate traffic system without the appropriate transportation improvements. At buildout, the General Plan is estimated to generate 163,336 total trip ends, compared to 52,382 trip ends for the existing land uses. The General Plan Circulation Plan represents the preferred transportation system to provide adequate capacity to accommodate the buildout traffic demands of the Land Use Element. Based upon buildout of the General Plan land uses, the Circulation Element network generally serves projected traffic volumes within ultimate capacities, with the exception of segments of Cook Street and Highway 111. Adequate intersection performance during peak traffic hours can be insured with intersection geometrics which satisfy turning movement and through traffic capacity demands. As development within the City occurs, the improvement of the areawide roadway system must occur concurrently to provide an adequate level of service. To ensure funds from developers and/or areawide fee programs are appropriately targeted to ongoing circulation needs, the City's development monitoring process should be continued. The General Plan FEIR determined that adherence to the roadway improvement policies as set forth in the Circulation Element of the General Plan would mitigate potentially significant impacts. These policies include provide and maintain a street system which maintains a minimum. level of service D at roadway intersections, street improvements, require all new development to prepare a site-specific traffic study, and

Page 459 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-66

coordinate with other government entities in implementation of the City's Circulation Plan and Coachella Valley-wide circulation improvements.

Project Analysis
a. Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? 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. While the Project does not propose site-specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002 ) that is currently designated Medium Density Residential with an allowed development potential of up to 238 residential dwelling units. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units within the 34 -acre site; as such, the Project would not allow for greater residential development than what is currently permitted and analyzed in the General Plan FEIR.

Future residential development associated with implementation of the Project would be required to be designed and constructed in accordance with the City’s design standards and specifications applicable to circulation such as access and parking regulations , loading standards, drive aisles, ingress and egress drives, and on -site circulation, and would be reviewed at the project level to ensure consistency with existing or planned bicycle and pedestrian facilities. Therefore, new residential development assoc iated with implementation of the Project would not conflict with adopted policies, plans, or programs related to public transit, bicycle, or pedestrian facilities.

Following compliance with the General Plan goals and policies and existing regulations, there would be no new significant or significantly different impacts related to transit, roadway, bicycle, and pedestrian facilities as a result of the proposed Project. b. Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? The General Plan FEIR did not address potential impacts to vehicle miles traveled (VMT) because at the time of preparation of the General Plan FEIR, VMT was not the primary metric used as the basis for determining the significance of transportation impacts under CEQA. However, the Project does not include site-specific development and would not allow for greater development than what was considered in the General Plan FEIR. Thus, the proposed Project would result in the same VMT as would occur under the existing General Plan.
c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d. Result in inadequate emergency access?
While the Project does not propose site -specific development, the Project would accommodate future residential development within one 34 -acre parcel ( APN 633360002) . Future residential development associated with implementation of the Project would be required to be designed and constructed in accordance with the City’s design standards and specifications applicable to circulation, which would ensure the provision of adequate access and circulation to and within the

Page 460 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-67

development. Access to future residential development at the parcel proposed for amendments would be reviewed by the City and Fire Department to ensure that inadequate design features or incompatible uses do not occur. Therefore, the Project would not result in significant impacts involving inadequate design features or incompatible uses.

During any future construction activities there is the potential that traffic lanes located immediately adjacent to the parcel may be temporarily closed or controlled by construction personnel. However, any road closures would be temporary and emergency access to the future residential development and surrounding area would be required to be maintained. Access to future residential development associated with implementation of the Project would be required to comply with all applicable City design standards and would be reviewed by the City and Fire Department to ensure adequate emergency access. The City and Fire Department would review future development to ensure that structures are designed to meet adopted standards and that adequate emergency access is provided. Therefore, the Project would not result in significant impacts involving emergency access.

Following compliance with the General Plan goals and policies and existing regulations, there would be no new significant or significantly different impacts associated with hazards due to a geometric design feature or incompatible use or inadequate emergency access as a result of the proposed Project.

Page 461 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-68

This page intentionally left blank.

Page 462 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-69

3.18 TRIBAL CULTURAL RESOURCES
Thresholds:

X
General Plan FEIR Conclusions
Since certification of the General Plan FEIR, the CEQA Guidelines Appendix G Checklist has been revised to include a new category for Tribal Cultural Resources impacts. This topical area is addressed in General Plan FEIR Section 4.12, Cultural Resources. For purposes of this Addendum, the topic of Tribal Cultural Resources is discussed in Section 3.5, Cultural Resources, consistent with the organization of the General Plan FEIR.

Project Analysis
a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the si ze and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
• Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or

Page 463 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-70

• A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Refer to Section 3.5, Cultural Resources.

Page 464 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-71

3.19 UTILITIES AND SERVICE SYSTEMS
Thresholds:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstance
Requiring
Major EIR
Revisions
Information
Showing
Greater
Significant
effects than
Previous EIR
No
Additional
Significant
Impact/
Less Than
Significant
Impact
With
Application
of
Mitigation
from FEIR
Less Than
Significant
Impact/No
Changes or
Information
Requiring
Preparation
of an MND
or EIR
No Impact
Would the project:
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which
could cause significant environmental
effects?
X
b. Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
X
c. Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project’s projected demand in addition
to the provider’s existing commitments?
X
d. Generate solid waste in excess of State
or local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?
X
e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
X
General Plan FEIR Conclusions
The topic of Public Services is addressed in General Plan FEIR Section 4.10, Public Services and Utilities. The General Plan FEIR , as amended in the 2007 and 2013 Addenda, concluded that development under the General Plan would not significantly impact the ability of the service agency to provide adequate water to meet future demand levels. The future extension and/or upsizing of existing distribution lines to meet future water needs shoul d be addressed at a project -specific level. The General Plan FEIR determined that no mitigation is necessary following implementation of the policies in the General Plan Conservation and Open Space and Community Services Elements, including policies IIIA5.1, IIIA5.2, IIIA5.3, IIIA5.6, IIA3.8, IIA1.23, IIA3.2, IIA3.4, IIA3.5, IIA3.6, IIA4.5, and IIA4.6.

The General Plan FEIR concluded that development allowed under the General Plan would not significantly impact the service companies providing natural gas and electricity in their ability to

Page 465 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-72

provide services to meet projected demand. The General Plan FEIR determined that no mitigation is necessary following implementation of the policies in the General Plan Conservation and Open Space and Community Services Elements.

The General Plan FEIR concluded that development allowed under the General Plan would increase demand for wastewater treatment and require upgrades of the existing wastewater system. This is considered a significant but mitigable impact. As development occurs, the need for infrastructure improvements will need to be analyzed on a site -specific basis in accordance with CEQA. In addition, implementation of the policies in the General Plan Conservation and Open Space and Community Services Elements would also apply.

The General Plan FEIR concluded that proposed development under the General Plan would result in an increase in the generation and disposal of solid waste. This is considered a significant but mitigable impact. The General Plan FEIR determined that potential impacts as a result of solid waste generation and disposal can be mitigated to a less than significant level following implementation of the policies in the General Plan Conservation and Open Space Element.

Ultimately, the General Plan FEIR determined that following implementation of mitigation measures, the General Plan would have less than significant impacts on the provision of utilities.

Project Analysis
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
d. Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
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 Project proposes to apply the new PB land use and zoning designation to one 34 -acre parcel (APN 633360002) that is currently undeveloped. The General Plan identifies the parcel as Medium Density Residential and allows the development of up to 238 residential dwelling units within the parcel. The proposed Project’s PB land use/zoning designation would also allow for the development of up to 238 units

Page 466 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-73

within the 34 -acre site. Therefore, demand for utilities and service systems on a project and cumulative project level would not exceed what has been anticipated by the General Plan and analyzed in the General Plan FEIR.

While the parcel proposed for amendments is located in an area that is generally developed and served by existing infrastructure, future residential development could incrementally increase the demand for water, wastewater, stormwater, and dry utilities facilities and waste management services. However, the proposed Project would not allow for new or greater residential development than is currently allowed under the General Plan . As the Project is not increasing residential development capacity beyond what has already accounted for in the General Plan, demand would be consistent for water, wastewater, stormwater, and dry utilities facilities and waste management services. Future development associated with implementation of the Project would be required to demonstrate adequate facilities and supplies are available and/or to pay a share of infrastructure improvements to reduce potential impacts related to utilities and ser vice systems. In addition, the General Plan includes goals and policies to reduce potent ial impacts to utilities and service systems as a result of new development and intensification of land uses , including, but not limited to, Land Use Element Policy IIA4.5, which requires that development pay its pro -rata share of the cost of public services and facility expansions required by that development; Conservation and Open Space Element Policy IIIA5.5, which directs the City to actively participate in regional activities to assure the effective management of water resources, and the development of water policies at the County, State and Federal level that are favorable to the Coachella Valley; Policy IIIA10.5, which directs the City to continue to reduce per capita waste generation; and Policy IIIA10.7, which directs the City to maintain and improve the City of Indian Wells waste diversion rate as mandated by the State . Future development, consistent with the General Plan and zoning, would be reviewed for consistency with General Plan policies and programs to ensure adequate utility infrastructure and services are available to serve the proposed development. Following compliance with the General Plan goals and policies, existing regulations, and General Plan FEIR mitigation measures , there would be no new significant or significantly different impacts related to utilities and service systems as a result of the proposed Project.

Page 467 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-74

This page intentionally left blank.

Page 468 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-75

3.20 WILDFIRE
Thresholds:

Project Analysis

If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a. Substantially impair an adopted emergency response plan or emergency evacuation plan?
b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?

Page 469 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Environmental Analysis 3-76

c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? As previously stated, 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 .

Similar to the development anticipated in the General Plan, the Project would accommodate future residential development (up to 238 units) within one 34 -acre parcel ( APN 633360002 ) that is currently undeveloped.

As discussed in Section 3.9, Hazards and Hazardous Materials, according to the California Department of Forestry and Fire Protection (CAL FIRE) Fire Hazard Severity Zone Map, the parcel proposed for amendments is not located within or next to a Very High Fire Hazard Severity Zone within a Local Responsibility Area or State Responsibility Area. 21 The Project would not involve expansion of urban uses onto lands located within or adjacent to fire hazards areas. Future residential development would be reviewed at the project level for compliance with the existing regulatory environment, including the California Fire Code, as adopted and amended by Title 16, Buildings and Construction, of the Indian Wells Municipal Code. There would be no new significant or significantly different impacts related to wildfire in or near state responsibility areas or lands classified as very high fire hazard severity zones as a result of the proposed Project.

21 California Department of Forestry and Fire Protection, Fire Hazard Severity Zones in State Responsibility Area. Available: https://calfire-
forestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597ab693d008.

Accessed: March 14, 2024.

Page 470 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Addendum Finding 4-1

4 ADDENDUM FINDING
As detailed herein, on the basis of substantial evidence in the light of the whole record, a Subsequent or Supplemental EIR is not appropriate for the proposed Project because none of the criteria permitting such a document under State CEQA Guidelines section 15162 are met.

The RHNA Implementation Program Project would result in no new significant impacts that were not analyzed in the General Plan FEIR, nor would the proposed Project cause a substantial increase in the severity of any previously identified environmental impacts. The potential impacts associated with the proposed Project would either be the same or less than those described in the General Plan FEIR. In addition, there are no substantial changes to the circumstances under which the proposed Project would be unde rtaken that would result in new or more severe environmental impacts than previously addressed in the General Plan FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, this Addendum to the previously certified General Plan FEIR is the appropriate environmental documentation for the proposed Project. In taking action on any of the approvals, the decision -making body must consider the whole of the data presented in the General Plan FEIR.

Page 471 of 710 ends

City of Indian Wells | RHNA Implementation Program Project Addendum to the General Plan FEIR
Addendum Finding 4-2

This page intentionally left blank.

Page 472 of 710 ends

INDIAN WELLS CITY COUNCIL
May 16, 2024
To: City Council
From: City Manager Department
Prepared by: Kristen Nelson, Senior Management Analyst
Subject: Adoption of County Ordinance Number 987 Regarding Unlawful Possession of Catalytic Converters and Finds
Action to be Exempt from California Environmental Quality Act (CEQA)
RECOMMENDED ACTIONS:

Council INTRODUCES Ordinance to be read by title only and further reading waived, amending Title 9 of the City of Indian Wells Municipal code, adding Chapter 9. 07, adopting by reference Riverside County Ordinance No. 987; and FINDS Action to be Exempt from CEQA guidelines section 15061.

DISCUSSION:

The Board of Supervisors of Riverside County finds that the theft of catalytic converters has been an increasing problem in Riverside County in recent years. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves.

Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community.

Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the County a means to protect the public, deter this criminal activity and promote a more productive use of Riverside County resources. The ordinance makes it a misdemeanor to possess a catalytic converter without valid proof of ownership of the converter.

Page 473 of 710 ends

Catalytic converter theft is an increasing problem within Riverside County and causes significant financial damage to the victims. The purpose and intent of this ordinance is to curb the theft of catalytic converters througho ut the County and to provide the County with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.

Adoption of this Ordinance by reference will enable Riverside County the ability to enforce their Ordinance in the City of Indian Wells.

City Council Strategic Goal:

This action supports Council’s goal of monitoring various public safety initiatives for improved public safety.

Committee Recommendations:

The Public Safety Committee received a briefing from staff and Lt. Dave Wright at its special meeting held on Monday, April 29, 2024. At the conclusion of the discussion, the Public Safety Committee recommended the Council consider adopting this ordinance at its May 16th City Council meeting.

OPTIONS:

The City Council may choose to:

1. Introduce and conduct the first reading of the proposed Ordinance adopting by reference Riverside County Ordinance No. 987, pursuant to California Government Code 50022.2, and schedule a public hearing to receive public input regarding adoption of proposed ordinance as outlined in this report and consider adoption of said ordinance; or

2. Not introduce, nor pursue, the adoption of the proposed Ordinance adopting by reference Riverside County Ordinance No. 987 as outlined in this report; or

3. Provide alternative direction.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The action is exempt from the requirements of the California Environmental Quality Act ("CEQA") under the State CEQA Guidelines because there is no possibility that this ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).)

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of the proposed Ordinance.

Page 474 of 710 ends

ATTACHMENTS:

1. Ordinance

2. RivCo Ordinance No. 987

Page 475 of 710 ends

26529.00000\42263195.4
1 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ADDING CHAPTER 9.07 (“UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER”) TO TITLE 9 (“PEACE, MORALS, AND SAFETY”)

OF THE INDIAN WELLS MUNICIPAL CODE, ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE NO. 987, “AN ORDINANCE OF THE

COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER”; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTION 15061.

WHEREAS, the City of Indian Wells , California (“City”) is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2022, the Governor signed into law Senate Bill 1087, amending section 21610 of the California Business and Professions Code and section 10852.5 of the California Vehicle Code, prohibiting any person from purchasing a used catalytic converter from anybody other than certain specified sellers; prohibit ing recyclers from purchasing a catalytic converter from anybody other than specified sellers; and making a violation of the provisions to be an infraction, punishable by a fine; and
WHEREAS, the County of Riverside (“County”) adopted Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic Converter,” (“Ordinance 987”), to curb the theft of catalytic converters throughout the County and to provide the County with reasonable means to address the impact on the community and the victims posed by increasingly common catalytic-converter thefts; and WHEREAS, City staff recommends that the City adopt and incorporate by reference Ordinance 987 into Title 9 (“Peace, Morals, and Safety”) of the Indian Wells Municipal Code, as set forth herein, to protect the public and deter certain criminal activity.

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

SECTION 1. RECITALS. That the above recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. CEQA. Adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") under the State CEQA Guidelines because there is no possibility that this ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of ATTACHMENT #1

Page 476 of 710 ends

26529.00000\42263195.4

City of Indian Wells
Ordinance No. ___

Page 2 ends

Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 3. AMENDMENT. Chapter 9.07 of the Indian Wells Municipal Code is hereby added to Title 9 to read in its entirety as follows:
“Chapter 9.07 UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER.
§ 9.07.010 County Ordinance; Incorporation.

Riverside County Ordinance No. 987, an “Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic Converter,” (“Ordinance No. 987”) as may be amended in the future, is adopted and made a part of this chapter by reference. § 9.07.020 Definitions.

All words and terms used herein without definition have the meanings assigned to them in Ordinance No. 987.
§ 9.07.030 Violations and enforcement
A. Misdemeanor Penalty. Any person who violates a provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000.00, or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000.00 and by imprisonment in the County jail for one year.

B. State Penalties Apply. Nothing in this ordinance is intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, or receipt of catalytic converters.

C. Administrative Civil Penalty. In addition to any other penalty provided by law, whenever an Enforcement Officer determines that a violation of this ordinance has occurred, the Enforcement Officer has authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation.

1. Amount. Any administrative civil penalty shall be : $1,000.00 for the first offense; $2,000.00 for a second offense within 36 months of the first; and $5,000.00 for each subsequent offense within 36 months of the first . An

Page 477 of 710 ends

26529.00000\42263195.4

City of Indian Wells
Ordinance No. ___

Page 3 ends

offense occurring more than 36 months from the last one is treated as a first offense.

2. Information.
a. The administrative citation shall contain the following information:
i. The d ate, location and approximate time the violation was observed;
ii. The a mount of the administrative civil penalty imposed for the violation;
iii. Instructions for the payment of the administrative civil penalty, the time period by which it shall be paid, and the consequences of failure to pay the administrative civil penalty within this time; iv. Instructions on how to appeal the administrative citation; and v. The signature of the Enforcement Officer.
b. The failure of the administrative citation to set forth all required contents does not affect the validity of the administrative citation or any proceedings to enforce said citation.
c. The administrative civil penalty may be imposed via the administrative process set forth in this ordinance or it may be imposed by the court if the violation is enforced by a court without an administrative process.

D. Separate Offenses.

1. A person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof.

2. Likewise, a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person’s possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter.

E. Non-Exclusive Remedies and Penalties. All remedies and penalties for violations of the prohibitions in this ordinance are cumulative and not exclusive.

1. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the

Page 478 of 710 ends

26529.00000\42263195.4

City of Indian Wells
Ordinance No. ___

Page 4 ends

use of additional citations or other remedies as authorized by other ordinance or law.

2. Punishment of or enforcement against any person hereunder does not relieve such person from the responsibility of restitution for correcting or abating a violation, nor does it prevent the enforced correction or abatement thereof.

SECTION 4. EFFECTIVE DATE . This Ordinance takes effect 30 days following its adoption.

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. ENFORCEMENT AUTHORITY . The City Council hereby delegates the authority to the County to administer and enforce the provisions of Ordinance No. 987, as adopted and incorporated herein, within the jurisdictional boundaries of the City, which shall not preclude the City from taking any enforcement action as it deems necessary at any time in accordance with applicable law.

SECTION 7. 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 which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council and the people of the City of Indian Wells hereby declare that they 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 8. AMENDMENT OF CONFLICTING PROVISIONS. All the provisions of the Indian Wells Municipal Code as heretofore adopted by the City of Indian Wells that are against the provisions of this ordinance are hereby amended.

SECTION 9. PUBLICATION; EFFECTIVE DATE . The City Clerk shall certify 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.

SECTION 10. AMENDING BAIL SCHEDULE. The City Attorney is hereby directed to

Page 479 of 710 ends

26529.00000\42263195.4

City of Indian Wells
Ordinance No. ___

Page 5 ends

determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

SECTION 11. CERTIFICATION. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published according to law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on this ___ day of ___, 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 a regular meeting of May 16, 2024 was again introduced, the reading in full thereafter unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on ________, 2024 and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES:

NOES:

ATTEST: APPROVED AS TO FORM:

______________________________ ____________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER LLP

CITY ATTORNEY

Page 480 of 710 ends

Ord. 987 P
age 1 of 9
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ORDINANCE NO. 987

AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO

THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
The B
oard of Supervisors of the County of Riverside ordains as follows:

Section 1. FIND INGS. The Board of Supervisors of Riverside County finds that the theft of catalytic converters has been an increasing problem in Riverside County in recent years. In the County, there were at least 200 reports of catalytic converter thefts in 2022 and, as of July 1, 2023, there were at least 316 reports by victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit , while victims of these thefts suffer the conse quences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occu r and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability t o successfully prosecute individuals for the thefts. This ordinance is necessary to provide the County a means to protect the public, deter this criminal activity and promote a more productive use of Riverside County resources.

Section 2. PURPO SE. Catalytic converter theft is an increasing problem within Riverside County and causes significant financial damage to the victims. The purpose and intent of this ordinance is to curb the theft of catalytic converters throughout the County and to provide the County with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.

Section 3. AUT
HORITY. In accordance with the California Constitution, Article XI, Section 7, a county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

ATTACHMENT #2

Page 481 of 710 ends

Ord. 987 Page 2 of 9

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

Section 4. DEFINITIONS. As used in this ordinance, the following terms shall have the following meanings:

A. B oard . The County of Riverside Board of Supervisors.

B. County. The County of Riverside.

C. Catalytic converter. Any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.

D. Documentation or other proof. Written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:

1. Bill of sale from the original owner with photographs.

2. Verifiable documentation from an auto -body shop proving the owner relinquished the catalytic converter to the auto-body shop.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated.

5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner.

E. Lawful Possession. This term includes: (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner's verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is an Unlawful Possession.

F. E nforcement Officer . T he Sheriff, the Transportation and Land Management Agency Director, Building Official, Code Enforcement Official, County Counsel, or District Attorney, and their designees.

Page 482 of 710 ends

Ord. 987 Page 3 of 9

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

Section 5. UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER. Barring any provision of state law permitting the same, it is unla wful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has a verifiable valid proof of ownership of the catalytic converter.

A. This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time.

B. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership.

C. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.

Section 6. VIOLATIONS AND ENFORCEMENT.

A. Misdemeanor Penalty. Any person who violates any provision of this ordinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars ($1,000) and by imprisonment in the County jail for one year.

B. State Penalties Apply. Nothing in this ordinance shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.

Page 483 of 710 ends

Ord. 987 Page 4 of 9

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

C. Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an Enforcement Officer determines a violation of this ordinance has occurred, the Enforcement Officer shall have the authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation. Any administrative civil penalty shall be one thousand dollars ($1,000) for the first offense, two thousand dollars ($2,000) for the second offense within thirty-six (36) months, and five thousand dollars ($5,000) for each subsequent offense within thirty-six (36) months. The administrative citation shall contain the following information: (1) date, location and approximate time the violation was observed; (2) the amount of the administrative civil penalty imposed for the violation; (3) instructions for the payment of the administrative civil penalty, the time period by which it shall be paid, and the conseque nces of failure to pay the administrative civil penalty within this time; (4) instructions on how to appeal the administrative citation; and (5) the signature of the Enforcement Officer. The failure of the administrative citation to set forth all require d contents shall not affect the validity of the administrative citation or any proceedings to enforce said c itation.

The administrative civil penalty may be imposed via the administrative process set forth in this ordinance or may be imposed by the court if the violation requires court enforcement without an administrative process.

D. Separate Offenses. Acts, omissions, or conditions in violation of this ordinance that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this ordinance. A person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof. Likewise, a person shall be

Page 484 of 710 ends

Ord. 987 Page 5 of 9

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

deemed guilty of a separate offense for each and every catalytic converter in the person’s possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter.

Section 7. APPEAL OF ADMINISTRATIVE CIVIL PENALTIES.

A. Notice of Appeal. The recipient of an administrative citation may appeal its validity by filing a written notice of appeal with the County department that issued the administrative citation. The written notice of appeal must be filed within twenty (20) calendar days of service of the administrative citation. The notice of appeal shall be accompanied by either an advance deposit of the administrative civil penalty imposed in the administrative citation or a request for advance deposit hardship waiver as set forth below . Failure to properly file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on a form provided by the County department that issued the administrative citation and shall contain the following information: (1 ) a brief statement setting forth the appellant’s interest in the proceedings; (2) a brief statement of the material facts which the appellant claims support a contention that no violation exists and that no administrative civil penalty should be imposed or that an administrative civil penalty of a different amount is warranted; (3) an address at which the appellant agrees that notice of any additional proceeding or an order relating to the imposition of the administrative civil penalty may be received by mail; and (4) the notice of appeal must be signed by the appellant under penalty of perjury.

B. Advance Deposit Hardship Waiver. Any person filing a notice of appeal to contest an administrative citation and who is financially unable to make the advance deposit of the administrative civil penalty as required may submit a request for advance deposit hardship waiver with the notice of appeal. The request for advance deposit hardship waiver shall be filed with the County department that issued the

Page 485 of 710 ends

Ord. 987 Page 6 of 9

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

administrative citation on a form provided by the same County department. The request shall be documented by a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Enforcement Officer the person’s actual financial inability to deposit the full amount of the administrative civil penalty in advance of the hearing. The requirement of depositing the full amount of the administrative civil penalty shall be stayed for ten (10) calendar days pending a determination by the Enforcement Officer of the approval or denial of the request for advance deposit hardship waiver. The Enforcement Officer shall issue a written determination stating the approval or listing the reasons for the denial of the request for advance depos it hardship waiver. The written determination shall be mailed to the appellant at the address provided in the request. If the Enforcement Officer denies a request for advance deposit hardship waiver, the appellant shall remit the deposit to the County within fifteen (15) calendar days of the date of mailing notice of the denial. The written determination of the Enforcement Officer on this matter shall be final.

C. Hearing on Appeal of Administrative Citation. Upon receipt of a timely filed notice of appeal of an administrative citation with an administrative civil penalty, an appeal hearing to consider the issuance of the administrative civil penalty shall be held before the County Hearing Officer, appointed by the Board of Supervisors pursuant to Ordinance No. 643 and Government Code section 27720. At the time fixed in the notice of hearing, the County Hearing Officer sha ll receive evidence from the Enforcement Officer and the appellant regarding the violation of prohibitions contained in Section 5 of this ordinance, as well as any facts the appellant claims support a contention that no violation exists and that no adminis trative civil penalty should be imposed or that an administrative civil penalty of a different amount is warranted. In conducting the hearing, the County Hearing Officer shall not be

Page 486 of 710 ends

Ord. 987 Page 7 of 9

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

limited by the technical rules of evidence. Failure of the appellant to appear shall not affect the validity of the proceedings or order issued thereon.

D. County Hearing Officer’s Decision. The County Hearing Officer shall issue a written decision following the appeal hearing, which shall be issued to the appellant at the ap pellant’s address set forth in the notice of appeal. If the administrative citation is determined to have been valid at the time of its issuance, the County Hearing Officer shall affirm the administrative civil penalty amount pursuant to subsection C. of Section 6 of this ordinance, and order said penalty to be paid within fifteen (15) calendar days of issuance of the County Hearing Officer’s decision. The County Hearing Officer’s decision shall contain instructions for obtaining judicial review of the decision as set forth below.

E. Judicial Review of County Hearing Officer’s Decision on Administrative Civil Penalty. Within twenty (20) calendar days of the date of issuance of the final decision of the County Hearing Officer, the appellant may contest the County Hearing Officer’s decision by filing an appeal in the Riverside County Superior Court pursuant to Government Code section 53069.4. The fee for filing the appeal is specified in Government Code section 70615 ($25.00 as of the effective date of this ordinance) and shall be paid to the Clerk of the Court. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal , and the County Hearing Officer’s decision shall be deemed final and confirmed. A copy of the notice of appeal of the County Hearing Officer’s Decision filed in the Riverside Cou nty Superior Court shall be served in person or by first class mail upon the County Department that issued the administrative citation by the appellant. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the Presiding Judge of the Riverside County Superior Court. The appeal shall be heard de novo, and the contents of the file of the County

Page 487 of 710 ends

Ord. 987 Page 8 of 9

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

Department that issued the administrative citation shall be received into evidence. A copy of the administrative citation and the Hearing Officer’s Decision shall be admitted into evidence as prima facie evidence of the facts stated therein. The Court shall request that the County Department’s file be forwarded to the Court, to be received within fifteen (15) calendar days of the request. The Court shall retain the fee for filing the appeal regardless of the outcome of the appeal. If the Court finds in favor of the appellant, the amount of the fee shall be reimbursed to the appellant by the County in accordance with the judgment of the Court. If the penalty has not been deposited and the decision of the Court is against the appellant, the County Department that issued the administrative civil penalty may proceed to collect the penalty using all means available under the law.

Section 8. NON-EXCLUSIVE REMEDIES AND PENALTIES. All remedies and penalties for violations of the prohibitions in this ordinance shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law.

Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing or abating a violation, nor prevent the enforced correction, removal or abatement thereof.

Section 9. S
EVERABILITY. The provisions of this ordinance are separate and severable. If any provision of this ordinance is for any reason held by a court to be unconstitutional or invalid, the Board declares that it wo uld have passed this ordinance irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this ordinance, or the validity of its application to other persons or circumstances. / / /
/ / /
/ / /

Page 488 of 710 ends

Ord. 987 Page 9 of 9

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

Section 10. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days from the date of adoption.

Adopted: 987 Item 3.5 of 09/12/2023(Eff: 10/12/2023)

Page 489 of 710 ends

INDIAN WELLS CITY COUNCIL
May 16, 2024
To: City Council
From: City Manager Department
Prepared by: Angelica Avila, City Clerk
Subject: Ordinance Amending Section 2.12.030 of the Indian Wells Municipal Code Regarding Planning Commission
Membership Terms
RECOMMENDED ACTIONS:

Council INTRODUCES Ordinance No. __ to be read by title only and further reading waived, approving Municipal Code Amending Section 2.12.030 the Indian Wells Municipal Code regarding Planning Commission Membership Term; and AUTHORIZES staff to implement administrative changes as outlined in the staff report.

BACKGROUND:

The Council at the February 16, 2023, meeting authorized the creation of a Council Ad Hoc composed of Council Member Griffith and Mayor Pro Tem Whitman to conduct a comprehensive review of the City Committees. The Council Ad Hoc was asked to examine the structure, efficiency, and make recommendations to revamp duties and processes.

At the April 4 Council meeting, staff were authorized to draft an Ordinance to amend the Planning Commission appointment schedule from Fiscal Year (July 1) to Calendar Year (December 1). The changes permit Commissioners to attend the League of California Cities Planning Commission Academy that is scheduled for early in the year from January to March. Additionally, the current Planning Commissioners terms would be extended to December 31 as opposed to June 30.

Staff is requesting the Council to Authorize the additional administrative modifications as follows:
 Mandatory agenda preparation meetings between City staff and Planning Commissioners for the first year of service. Voluntary thereafter.  A Joint Study Session between the Council and Planning Commissioners will be established after the City's Annual Strategic Planning Session. Planning Commissioners will have the opportunity to work with the City Council and City

Page 490 of 710 ends

Staff to examine and discuss upcoming projects that will be under the jurisdiction of the Planning Commission.
 Update the Planning Commission bylaws to reflect changes to the updated Municipal code as it relates to the establishment of the Design Review Committee (“DRC”).
 Add a DRC reporting section on the agenda for Commissioners to provide a report relating to meetings conducted.
 Develop an opt-in document for Planning Commissioner to request DRC meeting minutes.
 Establish a process for the City Manager to provide an update on various projects during Planning Commission meetings.
 Update the staff report template to include options.

FISCAL IMPACT:

There is no financial impact.

ATTACHMENTS:

1. Ordinance

2. Redline Changes

Page 491 of 710 ends

26529.00000\42227918.4
ORDINANCE NO.___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, AMENDING SECTION 2.12.030 OF THE MUNICIPAL CODE

RELATING TO MEMBERSHIP OF THE PLANNING COMMISSION AND

FINDING THE ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City of Indian Wells is a California charter city, with authority to regulate its municipal affairs; and
WHEREAS, the membership and term of service of the Planning Commission is a municipal affair; and
WHEREAS, members of the City’s Planning Commission have begun and ended their terms of service at the end of June; and
WHEREAS, the City Council desires to change the start and end date of Planning Commissioner service to be at the end of December, as set forth below; and WHEREAS, adoption of this ordinance does not constitute a “project” as defined by CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) section 15378, and, in the alternative, adoption of this ordinance is subject to the common -sense exemption in CEQA Guideline s section 15061(b)(3).

The City Council of the City of Indian Wells, California, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. CEQA. Adoption of this ordinance does not constitute a “project” as defined by CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) section 15378, and, in the alternative, adoption of this ordinance is subject to the common-sense exemption in CEQA Guidelines section 15061(b)(3).

SECTION 2. Amendment. Section 2.12.030 of the Indian Wells Municipal Code is amended to read as follows:
§ 2.12.030 Membership of the Planning Commission.
(a) Appointment and Term.
(1) Generally. The Planning Commission shall consist of five members who shall be registered voters within
the City and who shall be appointed by the City
Council. The term of office for members of the
Commission shall be a staggered term of office
with terms of two years overlapping and
commencing on December 1 of the applicable year
and continuing until the second December 30 that
follows. The members shall serve for said term,
and until their successors have been appointed. All
appointments to the Commission shall be by three
affirmative votes of the City Council and any
appointment to fill a vacancy shall be for the
ATTACHMENT #1

Page 492 of 710 ends

26529.00000\42227918.4

City of Indian Wells
Ordinance No. ___

Page 2 ends

unexpired term of the member being replaced.
(2) Each term of service on the Commission that was
due to expire on June 30, 2024, is extended
through December 31, 2024.
(b) Term Limits. Appointees are limited to two consecutive two-year terms of membership on the Planning
Commission, including a partial term. An appointee may
not be reappointed to the Planning Commission after
completion of two consecutive terms, including a partial term. After serving a maximum of two consecutive two -
year terms (including a partial term), an appointee shall not be reappointed to the Planning Commission unless at least one year has elapsed between the expired term limit and the effective date of commencement of the new term.

Notwithstanding any provision to the contrary, an
appointee shall not be precluded at any time following
completion of service on the Planning Commission from
being appointed to another commission, board or
committee without the lapse of time between
appointments. Term limits will be applied prospectively, commencing with appointments made on or after January
1, 2009.
(c) Attendance Requirements and Conditions of Removal. Any member of the Commission may be removed during the
term of office by the affirmative vote of three members of the City Council. Attendance at all Commission meetings is an obligation of each member of the Commission. If a
member of the Commission is absent without Commission
permission from all regular Commission meetings for 95
days consecutively from the last regular meeting that the member of the Commission attended, that member's seat
shall be deemed vacant, and the City Council shall appoint a new member for that seat. The Commission in its by -
laws shall adopt a procedure for a member to obtain
Commission permission to be absent. (Ord. 296 § 1, 1992; Ord. 382 § 1, 1996; Ord. 624 § 1, 2009; Ord. 727 § 1,
2020)

Page 493 of 710 ends

26529.00000\42227918.4

City of Indian Wells
Ordinance No. ___

Page 3 ends

SECTION 3. The City Clerk is directed to publish this ordinance in the manner and in the time required by law and shall take effect 30 days after its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at a regular meeting held on the ____ day of ______, 2024.

___________________________________

GREG SANDERS
MAYOR

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF INDIAN WELLS )

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:

AYES:

NOES:

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

ATTEST: APPROVED AS TO FORM:

______________________________________ ____________________________________

ANGELICA AVILA TODD LEISHMAN FOR

CITY CLERK BEST BEST & KRIEGER LLP

CITY ATTORNEY

Page 494 of 710 ends

26529.00000\42227918.2
DRAFT
Proposed changes:
§ 2.12.030 Membership of the Planning Commission.
(a) Appointment and Term.
(1) Generally. The Planning Commission shall consist of five members who shall be registered voters within the City and who shall be appointed by the City Council. The term of the office for members of the Commission shall be a staggered term of office with te rms of two years overlapping and commencing on July 1stDecember 1 of the applicable year and continuing until the second June December 31sth that follows. The members shall serve for said term, and until their successors have been appointed. All appointments to the Commission shall be by three affirmative votes of the City Council and any appointment to fill a vacancy shall be for the unexpired term of the member being replaced.
(2) Each term of service on the Commission that was due to expire on June 30, 2024, is extended through December 3 1, 2024From and after the effective date of the ordinance adding this paragraph, and lasting until no later than June 30 December 30 , 202 41, the Planning Commission shall extend terms expiring on June 30, 2024 consist of eight members, due to the change of the commencing date of appointment s addition of two Architecture and Landscape Committee (ALC) members and one additional member, whose terms will each expire on June 30, 2021. The Planning Commission shall return to consisting of five members through the expiration of those three members' terms on June 30, 2021, or before that date through any vacation of their offices, whichever comes first.. (b) Term Limits. Appointees are limited to two consecutive two year terms of membership on the Planning Commission, including a partial term. An appointee may not be reappointed to the Planning Commission after completion of two consecutive terms, including a partial term.

After serving a maximum of two consecutive two year terms (including a partial term), an appointee shall not be reappointed to the Planning Commission unless at least one year has elapsed between the expired term limit and the effective d ate of commencement of the new term. Notwithstanding any provision to the contrary, an appointee shall not be precluded at any time following completion of service on the Planning Commission from being appointed to another commission, board or committee without the lapse of time between appointments.

Term limits will be applied prospectively, commencing with appointments made on or after January 1, 2009.
(c) Attendance Requirements and Conditions of Removal. Any member of the Commission may be removed during the term of office by the affirmative vote of three members of the City Council. Attendance at all Commission meetings is an obligation of each member of the Commission. If a member of the Commission is absent without Commission permission from all regular Commission meetings for 95 days consecutively from the last regular meeting that the member of the Commission attended, that member's seat shall be deemed vacant and the City Council shall appoint a new member for that seat. The Commission in its by -laws shall adopt a procedure for a member to obtain Commission permission to be absent. (Ord. 296 § 1, 1992; Ord. 382 § 1, 1996; Ord. 624 § 1, 2009; Ord. 727 § 1, 2020) ATTACHMENT #2

Page 495 of 710 ends

INDIAN WELLS CITY COUNCIL
May 16, 2024
To: City Council
From: City Manager Department
Prepared by: Chris Freeland , City Manager Department
Subject: Resolution Approving Clarifying Edits to Sections 2.03.030,

2.03.080, 2.04.020, 2.04.040, 3.01.030, and 3.05.050 of the Indian Wells City Council Policy Manual
RECOMMENDED ACTIONS:

Council REVIEWS and ADOPTS the Resolution approving the Governance Ad hoc Committee recommend ed clarifying edits to Sections 2.03.030, 2.03.080, 2.04.020,

2.04.040, 3.01.030, and 3.05.050 of the Indian Wells City Council Policy Manual of the City Council Policy Manual; and
FINDS the action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).) DISCUSSION:

At the April 6, 2023, City Council Meeting, then Councilmember Bruce Whitman requested a staff report on Governance be added to the May 18, 2023, City Council agenda. During the Council discussion, it was determined to form a Governance Ad hoc Committee on Governance to review the Indian Wells City Council Policy Manual (“Manual”) and provide recommendations to improve the Manual from a governance perspective. The City Council approved then Mayor Dana Reed and Councilmember Bruce Whitman to serve on the Committee (“Committee”). Then Mayor Dana Reed stepped down and Mayor Greg Sanders was filled in as the replacement.

The City of Indian Wells is subject to several governing and operational documents, including:
 California State Constitution and various State codes

Page 496 of 710 ends

 Indian Wells Charter
 Municipal Code
 Indian Wells City Council Policy Manual
 Other various contracts (e.g., City Manager, City Attorney, Troon Golf, Riverside County Sheriff's Department, CalFire, etc.).

From time to time, it is appropriate for the City Council as the governing body of the City to review its governing documents. As such, the Committee reviewed the Manual, with the intention to clarify existing language, memorialize informal practices and norms of the Council and staff, improve governance policies of the City, and educate residents on the importance of this Manual.

Below is a summary of the attached revisions to the Manual.

 Section 2.03.030-Council Goals
o Language added recommending that City Council goals be reviewed more than once a year (e.g., quarterly) to ensure goals are being achieved, remain relevant, and that appropriate resources are being applied.

 Section 2.03.080-Roles and Information Flow
o Language added to reinforce and clarify that all requests for information by Council Members are to flow through the City Manager and City Attorney.

In addition, Council Members are to expect that all information requests and responses to those information requests will be shared with the Council as a whole.
o Only routine administrative requests for assistance (e.g., copies of documents, scheduling, setup of remote meetings, etc.) may be directed directly to the affected staff member.
o Language added to provide clarity on those occasions where the Mayor may utilize staff time beyond the standard 2-hour rule.
o Language added to address information requests by individual Council Members of the City Attorney.

 Section 2.04.020-Expectations of Newly Elected Council Members o Historically the City Manager, City Attorney, and staff have provided new Council Members with a comprehensive on -boarding process to educate newly elected Council Members in their new role, role of the City Manager, City Attorney, and City staff, operations of the City, and much more. This language addition memorializes this current practice.

 Section 2.04.040-Council Leadership Expectations
o Language added to formalize that the Mayor Pro Tem is authorized to fulfill the duties and responsibilit ies of the Mayor in their absence, and that the Mayor and Mayor Pro Tem serve in a leadership role of the Council.

Page 497 of 710 ends

 Section 3.01.030-Placing Items on the Agenda
o Language added clarifying the process for a Council Member to request an item to be considered on a future agenda.

 Section 3.05.050-Report of Standing and Ad Hoc Committees o Language added to having Ad hoc Committee members be responsible to provide regular updates on Ad hoc Committee discussions to the Council and public during City Council meetings following Ad hoc Committee meetings.

The Ad hoc Committee on Governance recommends the City Council review the proposed edits to the Manual , discuss any further edits, and adopt the attached Resolution amending various sections of the Manual.

ATTACHMENTS:

1. Resolution

2. May 16th,2024 Revision to the Council Policy Manual

Page 498 of 710 ends

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, APPROVING CLARIFYING EDITS TO SECTION S 2.03.030,

2.03.080, 2.04.020, 2.04.040, 3.01.030, AND 3.05.050 OF THE INDIAN WELLS CITY COUNCIL POLICY MANUAL; AND FINDING THE ACTION TO

BE EXEMPT FROM CEQA
WHEREAS, the City Council may amend the Indian Wells City Council Policy Manual by resolution; and
WHEREAS, after due consideration of the accompanying staff report and all evidence in the record, the Council desires to make clarifying edits to Sections 2.03.030, 2.03.080,

2.04.010, 2.04.040, 3.01.030, and 3.05.050 of the Manual; and WHEREAS, the action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly; and that the action is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (14 CCR 15061(b)(3).)

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

SECTION 1. The recitals above are adopted hereby as findings.

SECTION 2. Sections 2.03.030, 2.03.080, 2.04.020, 2.04.040, 3.01.030, and 3.05.050 of the Indian Wells City Council Policy Manual is hereby amended to read in its entirety as found in the attached revised Indian Wells City Council Policy Manual (Revised May 16, 2024).

SECTION 3. This Resolution is effective immediately upon its adoption.

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
ATTACHMENT #1

Page 499 of 710 ends

26529.00000\40724001.1

City of Indian Wells
Resolution No. 2024-___

Page 2 ends

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 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 LLP

CITY ATTORNEY

Page 500 of 710 ends

Revised May 16, 2024
Formatted: Right

INDIAN WELLS CITY COUNCIL

POLICY MANUAL
ATTACHMENT #2

Page 501 of 710 ends

Page | 2

TABLE OF CONTENTS

TITLE 1 INFORMATION
CHAPTER 1.01 MISSION, VISION AND VALUE STATEMENTS ................................ ................. 6

1.01.010 Mission Statement ...................................................................................... 6

1.01.020 Vision Statement ........................................................................................ 6

1.01.030 Value Statement ......................................................................................... 7

TITLE 2 ADMINISTRATIVE
CHAPTER 2.01 POLICY MANUAL PURPOSE ................................ ................................ ............ 9

2.01.010 Policy Manual Purpose ............................................................................... 9

2.01.020 Indian Wells Interchangeable Agencies ................................................... 10

CHAPTER 2.02 FORM OF GOVERNMENT ................................ ................................ ............... 11

2.02.010 Overview .................................................................................................. 11

CHAPTER 2.03 COUNCIL FUNCTIONS ................................ ................................ .................... 12

2.03.010 Introduction............................................................................................... 12

2.03.020 City Council Functions .............................................................................. 12

2.03.030 City Council Goals .................................................................................... 13

2.03.040 Council Attendance Policy........................................................................ 14

2.03.050 City Representation .................................................................................. 14

2.03.060 Council Non-Participation Administration ................................................. 14

2.03.070 Roles in Disaster ...................................................................................... 14

2.03.080 Roles in Information Flow ......................................................................... 14

2.03.090 Magnitude of Information Request ........................................................... 17

CHAPTER 2.04 ROLES AND RESPONSIBILITIES OF COUNCIL MEMEBERS ....................... 18

2.04.010 Overview .................................................................................................. 18

2.04.020 Expectation of Mayor ................................................................................ 18

CHAPTER 2.05 COUNCIL COMMUNICATION................................ ................................ .......... 20

2.05.010 Overview .................................................................................................. 20

2.05.020 Email ........................................................................................................ 20

2.05.030 Ex Parte Communication.......................................................................... 21

2.05.040 Election Communications ......................................................................... 21

CHAPTER 2.06 USE OF PERSONNEL, EQUIPMENT OR RESOURCES ................................ . 23

2.06.010 Overview .................................................................................................. 23

2.06.020 Non-City Business .................................................................................... 23

2.06.030 City Manager Authorization ...................................................................... 23

Page 502 of 710 ends

Page | 3

2.06.040 Individual Council Member's Request ...................................................... 23

2.06.050 Council Business ...................................................................................... 24

CHAPTER 2.07 CODE OF ETHICS AND CONFLICT OF INTEREST ................................ ......... 25

2.07.010 AB1234 Ethics Training ............................................................................ 25

2.07.020 Political Reofrm Act:Conflict of Interest .................................................... 25

2.07.030 Identifying Conflicts ................................................................................. 26

2.07.040 Nepotism. ................................................................................................. 26

CHAPTER 2.08 PRESS RELATIONS ................................ ................................ ........................... 28

2.08.010 Official Position of the City ....................................................................... 28

2.08.020 Press Releases ........................................................................................ 28

2.08.030 Dealing with the Media ............................................................................. 28

2.08.040 Council Members Speaking on Their Own Behalf .................................... 28

CHAPTER 2.09 CIVILITY GUIDELINES ................................ ................................ ....................... 29

2.09.010 Overview .................................................................................................. 29

2.09.020 Commitment to Civil Behavior .................................................................. 29

2.09.030 Pledge of Civility ....................................................................................... 29

2.09.040 Council Conduct and Relationship with Electors………………………. ..... 30

2.09.050 Council Member Conflicts…………………………………………………..... 30

CHAPTER 2.10 ATTORNEY-CLIENT PRIVILEGED INFORMATION ................................ ........... 32

2.10.010 Release of Attorney-Client Privileged Information .................................. 32

CHAPTER 2.11 COUNCIL FINANCIAL MATTERS ................................ ................................ ...... 33

2.11.010 Budget Expenditures............................................................................... 33 TITLE 3 LEGISLATIVE
CHAPTER 3.01 MEETING SCHEDULE ................................ ................................ ...................... 35

3.01.010 Meeting Schedule ..................................................................................... 35

3.01.020 Criteria for Matters Covered ..................................................................... 36

3.01.030 Placing Items on Agenda ......................................................................... 36

3.01.040 Removal of Agenda Items ........................................................................ 37

3.01.050 Continuing of Agenda Items ..................................................................... 37

3.01.060 Communications Received After Agenda Distribution .............................. 37

CHAPTER 3.02 RULES OF DECORUM FOR MEMBERS OF THE PUBLIC AT MEETINGS …………………………………………………………………………………… 38

3.02.010 Purpose .................................................................................................... 38

3.02.020 Public Meeting Decorum .......................................................................... 38

3.02.030 Addressing the Council............................................................................. 38

3.02.040 Values of Respect .................................................................................... 39

3.02.050 Enforcement of Order ............................................................................... 39

Page 503 of 710 ends

Page | 4

CHAPTER 3.03 COMMISSIONS, COMMITTEES AND BOARDS ................................ .............. 40

3.03.010 Introduction............................................................................................... 40

3.03.020 Council Relationship with Commissions, Committees and Boards .......... 40

3.03.030 Role of Ex-Officio Member ....................................................................... 41

3.03.040 Work Plan................................................................................................. 41

3.03.050 Appointment of Resident Members .......................................................... 41

3.03.060 Membership of Current Commissions, Committees and Boards .............. 42

3.03.070 Policy for Selection and Appointment of Resident Members .................... 42

3.03.080 Simultaneous Service Prohibition ............................................................. 45

3.03.090 Annual Review of Commission, Committee and Board Relevance .......... 45

CHAPTER 3.04 OUTSIDE ORGANIZATIONS, REGIONAL AUTHORITIES AND CITY COMMITTEES ................................ ................................ .................. 46

3.04.010 Outside Organizations, Regional Authorities and City Committees .......... 46

3.04.020 Procedure for Council Member Assignments ........................................... 46

3.04.030 Reporting Responsibilities of Appointees ................................................. 47

3.04.040 Representational Responsibilities of Appointees ...................................... 47

3.04.050 Current Appointments .............................................................................. 48

CHAPTER 3.05 COUNCIL STANDING AND AD HOC COMMITTEES ................................ ....... 49

3.05.010 Establishment of Council Standing and Ad Hoc Committees ................... 49

3.05.020 Procedure for Council Ad Hoc Assignments ............................................ 49

3.05.030 Notice of Standing Committee Meetings .................................................. 49

3.05.040 Ad Hoc Committee Meetings .................................................................... 50

3.05.050 Report of Standing and Ad Hoc Committees............................................ 50

3.05.060 Annual Review of Standing and Ad Hoc Committees Necessity .............. 50

Page 504 of 710 ends

Page | 5

TITLE 1

INFORMATION

Page 505 of 710 ends

Page | 6

TITLE 1 INFORMATION
Chapters:

1.01 Mission, Vision, and Value Statements

CHAPTER 1.01

MISSION, VISION, AND VALUE STATEMENTS

Sections:

1.01.010 Mission Statement.

1.01.020 Vision Statement.

1.01.030 Value Statement.

1.01.010 MISSION STATEMENT.

Create an unsurpassed quality of life for our residents and guests by providing superior public safety, exceptional service and outstanding amenities that will further enhance our image as a prestigious community and international resort destination.

1.01.020 VISION STATEMENT.

Indian Wells is a globally distinguished residential and resort community offering an extraordinary environment, activities and events and is known for its alluring and distinctive hotels, restaurants, golf, tennis, and natural amenities.

Indian Wells is known and respected as a forward thinking, innovative and well managed community that supports the interest of the community and its neighboring communities meeting public needs without undue intrusion into individual lives.

Indian Wells supports a unique and friendly atmosphere for its residents, guests and neighbors and recognizes its responsibility to support appropriate human services.

Indian Wells is dedicated to its economic and environmental sustainability. Indian Wells accomplishes the widest range of opportunity for its residents and guests through working with others to achieve outstanding cultural, recreational, and commercial activities.

Page 506 of 710 ends

Page | 7

1.01.030 VALUE STATEMENT.

The City of Indian Wells is dedicated to:

1. Fiscal accountability and responsibility.

2. Open and inclusive government.

3. Highest professional standards and ethics.

4. Exceptional customer service.

5. Effective and efficient operations without undue bureaucracy.

6. Continuous improvement in the organization and staff.

7. Teamwork and individual development to foster success.

8. Attraction and retention of outstanding talent in its staff and appointed officials.

Page 507 of 710 ends

Page | 8

TITLE 2

ADMINISTRATIVE

Page 508 of 710 ends

Page | 9

TITLE 2 ADMINISTRATIVE

Chapters:

2.01 Policy Manual Purpose

2.02 Form of Government

2.03 City Council Functions

2.04 Roles and Responsibilities of Council Members

2.05 Council Communication

2.06 Use of City Personnel, Equipment or Resources

2.07 Code of Ethics and Conflict of Interest

2.08 Distribution of City Controlled Tickets to City officials

2.09 Press Relations

2.10 Civility Guidelines

2.11 Attorney-Client Privileged Information

2.12 Council Financial Matters

CHAPTER 2.01

POLICY MANUAL PURPOSE

Sections:

2.01.010 Policy Manual Purpose.

2.01.020 Indian Wells Interchangeable Agencies.

2.01.010 PURPOSE.

The City Council (hereafter referred to as the “Council”) shall adopt a City Council Policy Manual by resolution detailing the rules of order, policies, and procedures by which the Council shall conduct Council business and activities . The policies and procedures contained herein are established so that expectations and practices can be clearly articulated to guide Council Members in their actions. All elected officials are obligated to follow the policies and procedures contained in this policy and procedure manual.

In the event of any conflict between these policies and procedures and any ordinances, resolutions, agreements or contracts, ordinances, resolutions, agreements, or contracts prevail.

Page 509 of 710 ends

Page | 10

(a) Amending and Updating the Policy Manual.

The Council shall determine its own policies and procedures and amend them from time to time and/or adopt new ones by resolution. Substantive amendments and updates shall be adopted and incorporated by resolution.

(b) Corrections Not Requiring a Resolution

The City Clerk shall update the Table of Contents and information sections, nouns, or personal pronouns, not changing the substantive matters, on an as needed basis, and shall not require a resolution or action of the Council and shall be considered an administrative act.

2.01.020 INDIAN WELLS INTERCHANGEABLE AGENCIES.

The City Council Policy Manual shall apply to the Indian Wells Housing Authority, Finance Authority, Successor Agency and for purposes of this document, the terms City, Council, Housing Authority Board, Finance Authority, Successor Agency shall be considered interchangeable. The City Manager shall serve as the Board’s Executive Director, City Clerk shall serve as the Board’s Secretary and the City Attorney shall serve as the Authority's Legal Counsel.

Page 510 of 710 ends

Page | 11

CHAPTER 2.02

FORM OF GOVERNMENT

Sections:

2.02.010 Overview.

2.02.010 OVERVIEW.

The Council acts as a body. Policies are established by a majority vote of the Council, with all Members having an equal vote. All Council Members, including the Mayor, have equal powers.

While an individual member may disagree with a decision of the majority, the decision of the majority does bind the Council to a course of action. In turn, it is the City Manager’s responsibility to ensure that the policy and direction of the Council, as determined by the Council majori ty, is upheld. Staff’s implementation of Council -majority direction does not reflect any bias against a Council Member who held a minority opinion on an issue.

Page 511 of 710 ends

Page | 12

CHAPTER 2.03

CITY COUNCIL FUNCTIONS

Sections:

2.03.010 Introduction

2.03.020 City Council Functions

2.03.030 City Council Goals

2.03.040 Attendance Policy

2.03.050 City Representation

2.03.060 Council Non-Participation in Administration

2.03.070 Role in Disaster

2.03.080 Roles in Information Flow

2.03.090 Magnitude of Information

2.03.010 INTRODUCTION.

In theory, the distinction between policy and administration has been that policy is the process of determining what is to be done, while administration is the process of determining how to do it. A policy is what the Council defines it to be. However, the day -to-day operation of the various departments is administration. A fine line exists between policy and administration; any issue that is perceived as important or controversial can become a “policy” matter.

The Council has the final say in major decisions such as adoption of the budget or selling a bond issue. While it has a dominant role in policy matters, the City Manager, staff, and citizens play a prominent role in the development of policies. The Council, City Manager, and staff analyze City needs, identify available resources, and suggest courses of action, but the Council has the final say on matters that affect services.

2.03.020 COUNCIL'S FUNCTIONS.

The Council is the legislative authority that creates and enacts the policies and ordinances under which the City operates. The Council acts on all legislative matters of the City, considering, approving, or adopting all ordinances, resolutions, contracts, and matters requiring policy decisions. Ultimately, the Council provides leadership through policy development and establishes the current practices and future direction of the City. The Council also sets priorities for the City and determines the type and level of programs and services provided by the City.

The Council plays the primary role in defining the forces of change that are shaping the community; this direction is set through policies expressed in the adopted plans for the community, such as the General Plan, through ordinances, like Zoning and Subdi vision codes, as well as, through approvals of the budget, the five-year capital improvements program and the staff’s annual work program.

Page 512 of 710 ends

Page | 13

2.03.030 COUNCIL GOALS.

Council Members are local leaders. The electorate expects the Council to set the tone and direction for municipal operations. To provide effective management of resources, the Council utilizes a Strategic Plan and Goals to carry out and execute the Mission, Vision, and Values of the City. Strategic planning and goal setting are the tools that enable a Council to define their vision and determine methods for accomplishing their goals. Council Members are elected to provide leadership in setting goals and in formulating policies. The Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs. Successful goal setting and policy formulation largely depend on a good working relationship amongst the C ouncil and between the Council and the administrative staff. Under the City Manager’s direction, staff can aid in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.

The Council should establish City -wide goals that address short - and long-range needs of the community. Goal setting requires time, commitment, and a well-defined process. Every year, the Council meets with the City Manager and the various department direc tors in a goal setting/priority projects session to review progress on goals previously set and define new goals and objectives for the City. The advantages of engaging in the goal setting process are:

(a) Goal setting gives the Council a basic framework for action. By setting goals and then deciding those that are most important, the Council is defining what it wants to achieve over a given period. Otherwise, the Council may find itself floating from issue to issue, crisis to crisis.

(b) Goal setting helps the Council spend its time more efficiently. When goals to be accomplished are clearly defined, the Council can allocate time and resources efficiently.

(c) Goal setting allows every Council member a chance to share their individual goals and priorities and for the Council to work out any differences. The Council then has a list of goals to which everyone is committed.

(d) Goal setting gives the City Manager clear guidelines to get the job done. Goals give the City Manager clear direction for what the Council is trying to accomplish as a group.

Without clearly defined goals, the City Manager may get conflicting signals from the Council and not meet the Council goals.

(e) Goal setting gives the Council and staff important budget guidelines. Knowing which programs and issues are the highest priorities will enable staff to allocate funding when preparing the budget for Council approval.

Page 513 of 710 ends

Page | 14

(f) Goal setting gives the Council an evaluation tool. When goals and priorities are set, the Council has valuable data to determine how well the Council and the City Manager did in achieving the agreed upon goals and priorities.

(g) Goals should be reviewed more than once (e.g., quarterly) a year to ensure that goals are being achieved, remain relevant, and that the appropriate resources are being applied.

2.03.040 COUNCIL ATTENDANCE POLICY.

Any Council member who has called the Ma yor or the City Manager prior to the meeting to advise of their absence, may request to be excused by the Council.

Council Members are expected to always provide their contact information.

2.03.050 CITY REPRESENTATION.

Council Members are always viewed as representatives of the City. The conduct of Council Members is a direct reflection on the City and should conduct themselves accordingly. Except where specifically authorized by Council action or for purely ceremonial purposes, no Council Member should make any statement or appearance or indicate in any way that he or she is officially representing the City.

2.03.060 COUNCIL NON-PARTICIPATION IN ADMINISTRATION.

To uphold the integrity of the Council-Manager form of government and to provide proper checks and balances, Members of the Council shall refrain from becoming directly involved in the administrative affairs of the City, which includes the Indian Wells Golf Resort, unless directed by a majority of the Council to participate in a specific policy or project.

2.03.070 ROLE IN DISASTER.

The Council should refer to the City’s Disaster Preparedness Plan for specifics, but generally the Council has some special, extraordinary powers in the case of a disaster. Some meeting restrictions and expenditure controls are eased in such extreme situat ions. In critical situations the Council may be directed by the City Manager or Emergency Services Director to assemble in the City’s Emergency Operations Center (EOC), located within the Police sub -station, to provide policy guidance and to receive information in an emergency. Should the Council not be available during an emergency, State law specifies a hierarchy of others who may serve in place of the Council.

2.03.080 ROLES AND INFORMATION FLOW.

It is the intent to ensure all Council Members have free and easy access to information from the City and ensure that such information is communicated completely, with candor and without bias.

Formatted: Indent: Left: 0.5", No bullets or numbering

Page 514 of 710 ends

Page | 15

Individual Council Members may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, or executing department priorities without the prior knowledge and approval of the Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Council Members, and to allow staff to execute the priorities given by management and the Council without fear of reprisal.

The whole Council retains the power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, service levels, workloads and schedules, departmental priorities, and the performance of City business. If a Council member wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, the Council member must prevail upon the Council to do so as a matter of Council policy.

Should Council Members become dissatisfied with a department, they should address it with the City Manager, not the department head. Concerns about a department or any staff must be taken only to the City Manager; but if not addressed adequately by the City Manager, then the City Council should review the issue in an appropriate performance review process of the City Manager.

(a) Access to Information.

Individual Council Members, as well as the Council, shall receive the full cooperation and candor of staff in being provided with any requested information. The City Manager or designee will inform the Council when a critical or unusual event occurs about which the public would be concerned.

To ensure proper responsiveness, Council Members are asked to “cc” both the department head and the City Manager on all correspondence with staff. There are limited restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to Members of the Council. Certain aspects of police affairs (access to restricted or confidential information related to crimes) may not be available to Council Members.

Council Members have a responsibility for this information flow as well. Council Members should come to meetings well prepared – having read staff reports and attachments and requesting in advance any necessary and available information from staff. If a Council Member has questions on any agenda item, that member should preferably contact the City Manager prior to the meeting in order to allow staff time to research a response for the meeting.

(b) Interactions with Staff.

The Council recognizes the primary functions of staff as serving the community, executing Council policy and actions, and in keeping the Council informed. Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management supervisors. Staff

Page 515 of 710 ends

Page | 16

is directed to report to the City Manager any communication with a Council member, other than social communication. Staff is also directed to report to the City Manager any attempts by individual Council Members to unduly direct or otherwise pressure them into making, changing, or otherwise influencing recommendations.

Council Members shall direct all requests for information, research, and analytical work or give direction only to the City Manager or the City Attorney. The City Manager will delegate the Council Member request to the appropriate department(s) for response. , requests for general information not involving significant staff time that can be verbally provided or copied, may be requested from City Department Heads. City staff will make every effort to respond in a timely and professional manner, as directed by the City Manager, to all requests made by individual Council Members for information or assistance; provided that, the request is not of a magnitude, either in terms of workload, or more than two (2) hours total staff time, or policy, which would require that it would be more appropriately assigned to staff through the direction of the whole Council. If a request by an individual Council member is determined to take over two hours or more of staf f time to complete, that request will be included on a Council agenda for Council discussion and direction.

The City Manager will also disseminate Council Member requests and responses for the benefit of all Council Members. Thus, the reasoning that reques ts go through the City Manager for assignment.

Council members may work directly with staff if authorized by the City Manage r. Routine administrative requests for assistance (e.g., copies of documents, scheduling, setup of remote meetings, etc. ) may be directed directly to the affected staff member.

The Mayor receives an exception for additional use of staff time beyond the standard 2-hour rule only for the following:
• State of the City
• Town Hall meetings
• Welcome speeches at events
• Mayor’s Email Blast (Mayor’s Minute/Mayor’s Corner) 1 • Preparation for media interviews
• Promotional or official Mayoral correspondence
• Advertorials (e.g.,Palm Springs Life, etc.)
• Crisis communications

Any requests by the Mayor, outside of those listed above, require City Council approval or an amendment of this City Council Policy Manual.

1 Mayor’s Email blasts are to provide information to the community on various city projects, programs, priorities, or events. Content must be City related, not reflect the opinion of the incumbent Mayor, be contrary to previous City Council direction, or be a platform for the Mayor to advocate a certain position.

Formatted: Font: Bold, Underline
Formatted: Font: (Default) Tahoma
Formatted: Font: (Default) Tahoma
Formatted: Font: (Default) Tahoma

Page 516 of 710 ends

Page | 17

City officials recognize that Council work cannot be fully conducted at Council Meetings. The responsibility of the City Manager is to conduct the day-to-day affairs of the City consistent with established Council policy and does not permit Council Members to direct the activities of Golf Resort staff, and City partners . Requests which involve Council policy, expenditure of funds, research or analytical work, or use of more than two hours of total time shall be submitted to the full Council. To avoid misdir ection of requests and inefficient use of Golf Resort staff, and City partners time, Council Members shall submit all their requests to the City Manager. In the absence of the City Manager, requests should be made to the City Manager designee.

Specific Council requests made requiring more than two hours total shall require direction to the City Manager given only by a majority of the Council, at a City Council meeting. Requests for information will not burden staff and will be primarily shared with the City Manager at regular meetings between the Council Members and the City Manager.

(d) Interactions with City Attorney.

The City Attorney is the legal advisor for the Council, City Manager and departments. It is important to note that the City Attorney does not represent individual Council Members or staff, but the City’s interest. Accordingly, except for conflict -of-interest inquiries, in questions involving pending or upcoming matters, or protocol and procedure, the City Attorney’s services are engaged and directed through the majority of the Council.

It should be expected that any requests to the City Attorney for services or advice by an individual Council Member will be shared with the City Manager who shall share the request with the Council.

Requests that exceed more than two hours of total time shall be submitted to the full Council for approval at a regular or special meeting of the Council. Extraordinary requests for immediate services by an individual Council Member utilizing more than two hours of the City Attorney time may be authorized by the City Attorney.

2.03.090 MAGNITUDE OF INFORMATION REQUEST.

Any information, service-related request, or revised policy position perceived as necessary by an individual Council Member, and that cannot be fulfilled based on the above guidelines, should be submitted by the individual Council Member in writing to the whole Council. When raised at a Council meeting, the full Council can decide whether and when to agendize the request for further consideration. The City Manager will seek necessary clarification as to whether the Council desires staff research or a report prepared; and, if so, the relative priority that should be given to such a request considering other priorities and potential workload impacts.

Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight

Page 517 of 710 ends

Indian Wells City CouncilMay 16, 2024

Indian Wells City Council
May 16, 2024