Agenda — Indian Wells City Council, February 13, 2025 (part 10 of 12)

Council Agenda- February 13, 2025
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.

Policies
RM-3.1 Provision of Opportunities. Facilitate recreational opportunities for residents by providing and maintaining needed facilities throughout the City and in cooperation with adjoining jurisdictions.

RM-3.2 Parks in Residential Areas. Support the development of local -serving park and recreational facilities (public and private) in residential areas.

RM-3.3 Service Area Radius. Focus new park and recreation facilities in areas that are outside 1/4 -mile walking radius from an existing or proposed park or trail and enhance options for residents to access these facilities through safe walking and cycling routes.

RM-3.4 Golf Courses. Promote the City's municipal and private golf courses as high -quality amenities that serve residents, draw visitors, and make Indian Wells an exceptional destination.

RM-3.5 Facilities for Seniors. Cater to the City's senior population by continuing to provide recreational facilities and activities specifically tailored to meet the needs of older residents.

RM-3.6 HOA Collaboration. Collaborate with Homeowners Associations to provide local - serving recreational facilities and activities that meet the needs and preferences of all segments of the community, including families, seniors, and persons with disabilities.

RM-3.7 Safety and Compatibility. Consider public safety and compatibility with adjacent uses in park design and development including the location of buildings, activity areas, lighting, and parking.

RM-3.8 Parkland Dedication. Require new development or major redevelopment to incorporate parkland, open space, or green space to expand recreational opportunities in the community in accordance with Section 20.36.040, Park dedication requirements, of the Indian Wells Municipal Code.

RM-3.9 Maintenance. Require that parks and recreational facilities be well -maintained by the responsible agency/organization.

RM-3.10 Accessibility. Require that new park facility construction and existing facility retrofits meet accessibility standards defined by the Americans with Disabilities Act (ADA) and playground safety requirements.

Indian Wells General Plan Update
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RM-3.11
Parkland Funding. Actively pursue financing for parkland acquisition and maintenance and allocate sufficient funding to park development to support the community's recreational needs.

RM-3.12 Community Support. Collaborate with residents to ensure the City's park and recreation facilities and programs reflect evolving community preferences.

Actions
RM-3a Update the Zoning Code to list recreational facilities and support facilities as an allowable use in all residential zones.

RM-3b Require developers to dedicate 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.

RM-3c
Pursue available resources to fund recreation facilities and parkland acquisition, development, and maintenance, including but not limited to, State and federal grants, special districts, private donations, gifts, and endowments.

RM-3d Conduct regular maintenance assessments for all parks and recreation facilities.

RM-3e Conduct periodic assessments of community needs and preferences in recreation programming and services.

RM-3f Identify ways to preserve, restore, create, and maintain low impact recreational opportunities and open space experiences for resort visitors such as publishing a trails/bike path brochure for the resorts to distribute.

RM-3g Encourage schools and places of worship in the City to create and promote recreation programs and activities for residents.

Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to existing neighborhood and regional parks or other recreational facilities. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to existing parks or recreational facilities. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.15-5)
Rationale for Finding
Most of the communities within the City of Indian Wells have their own form of recreational facilities that satisfy the needs of the community. However, the GPU provides policies and actions that ensure impacts to parks and recreational facilities remain less than significant. These policies and actions are discussed subsequently.

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Council Agenda- February 13, 2025
Policy RM-3.1 aims to facilitate recreational opportunities by strategically providing and maintaining necessary facilities citywide, collaborating with neighboring jurisdictions for enhanced access. Policy RM-3.2 supports the development of local -serving parks in residential areas, encompassing both public and private initiatives. Policy RM-3.3 directs the focus of new park and recreation facilities beyond a 1/4 -mile walking radius from existing or proposed parks, promoting safe pedestrian and cycling routes for accessibility. Policy RM-3.5 underscores the importance of recreational facilities tailored to seniors, ensuring inclusivity across residential areas. Collaboration with Homeowners Associations under Policy RM-3.6 fosters tailored recreational solutions for diverse community segments, including families and individuals with disabilities. Safety and compatibility considerations under Policy RM-3.7 guide park design and development, enhancing public safety and harmony with neighboring land uses.

Policy RM-3.8 mandates new developments incorporate parkland, expanding recreational opportunities in compliance with municipal code requirements. Maintenance standards under Policy RM-3.9 ensure parks are well -kept, supported by regular assessments. Accessibility standards mandated by Policy RM-3.10 prioritize ADA (Americans with Disabilities Act) compliance and playground safety requirements, ensuring inclusivity in facility design. Policy RM-3.11 actively pursues funding for parkland acquisition and maintenance, vital for sustained community recreational needs. Policy RM-

3.12 promotes community engagement to align park and recreation offerings with evolving preferences.

Additionally, the City is committed to effectively managing and maintaining its parks and recreational facilities through a series of proactive actions. Action RM-3a involves updating the Zoning Code to allow recreational facilities and support structures in all residential zones, ensuring broad access to recreational opportunities across the City. Action RM-3b mandates that developers either dedicate land or pay fees for parkland based on a specified acreage standard per population, providing flexibility while ensuring sufficient recreational space for residents. Action RM-3c focuses on securing diverse funding sources such as State and federal grants, private donations, and endowments to support the acquisition, development, and ongoing maintenance of recreation facilities and parklands. Regular maintenance assessments under Action RM-3d ensure that all parks and recreational facilities are well - maintained, preserving their quality and safety for public use. Periodic assessments conducted through Action RM-3e allow the City to stay responsive to community preferences, adapting recreation programming and services accordingly. Action RM-3f aims to enhance recreational experiences for resort visitors by exploring and implementing strategies to preserve, create, and maintain low -impact recreational opportunities and open spaces, such as distributing trails and bike path brochures.

Additionally, Action RM-3g encourages local schools and places of worship to actively engage in promoting recreational programs and activities, fostering a community -wide commitment to wellness and leisure. By implementing these actions, the City ensures that existing and future parks and recreational facilities will be effectively managed and maintained, thereby minimizing any significant impacts from the implementation of the GPU. Less than significant impacts are anticipated.

Impact 4.15 b: The GPU would not require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment.

Development from the implementation of the GPU could increase uses of the City's recreational facilities. Any new development within the City limits would be required to pay development fees in Indian Wells General Plan Update
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Council Agenda- February 13, 2025
order to comply with the City's efforts to mitigate potential impacts to the park and recreational facilities. Section 20.36.040 of the City's Municipal Code establishes criteria for dedicating land, or payment of in lieu fees for construction of new parks or recreational facilities or rehabilitation of existing facilities. The ordinance states that residential subdivisions, containing fifty parcels or fewer, shall not be required to dedicate any land for parks and recreational purposes without consent, but shall pay a development fee in accordance with the Code. All other residential developments are required to pay a park development fee, dedicate land, or both.

According to Section 20.36.040, (f), Private Parks, when private land for park and recreational purposes is to be provided in a proposed subdivision and such park land is to be privately owned and perpetually maintained and operated by the future residents or owners of the development, such land may be credited against the requirement for dedication of land for park and recreational purposes. The eligibility of private park land for land dedication or fee credit shall be subject to approval by the Council.

The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.

Policies
RM-3.6 HOA Collaboration. Collaborate with Homeowners Associations to provide local - serving recreational facilities and activities that meet the needs and preferences of all segments of the community, including families, seniors, and persons with disabilities.

Actions
RM-3b
Require developers to dedicate 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.

Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to the construction or expansion of recreational facilities. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to the construction or expansion of recreational facilities which might have an adverse physical effect on the environment.

Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.15-7)
Indian Wells General Plan Update
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Rationale for Finding
Any new development within the City limits would be required to pay development fees in order to comply with the City's efforts to mitigate potential impacts to the park and recreational facilities.

Section 20.36.040 of the City's Municipal Code establishes criteria for dedicating land, or payment of in lieu fees for construction of new parks or recreational facilities or rehabilitation of existing facilities, which is required by Policy RM-3.8. Additionally, Action RM-3b requires developers to dedicate 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.

Because the types of parks and open spaces should be consistent with the needs of the residents, there is a limited need for public parks that include athletic fields, swimming pools, or other active recreational spaces in Indian Wells. Most of the local Homeowners Associations (HOA) provide the recreational facilities needed by the residents. The City's Policy RM-3.6 states that the City collaborates with Homeowners Associations to provide local -serving recreational facilities and activities that meet the needs and preferences of all segments of the community, including families, seniors, and persons with disabilities. Implementation of the GPU policies and actions will ensure that impacts associated with the construction or expansion of recreational facilities will remain less than significant.

12. Transportation
Impact 4.16 a: The GPU would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities.

The Draft EIR provided a qualitative analysis of whether the GPU would conflict with relevant programs, plans, ordinances, and policies related to the circulation system. A conflict could occur if the proposed GPU would preclude the ability of Indian Wells to implement its goals or policies.

Generally, a plan/project causes a significant impact to transit facilities and services if an element of it conflicts with existing or planned transit services. The evaluation of transit facilities shall consider if:
(1) a plan or project or related mitigation disrupts existing transit services or facilities; (2) a plan or project or related mitigation conflicts with an existing or planned transit facility; or (3) a plan or project or related mitigation conflicts with transit policies adopted by the City of Indian Wells for its respective facilities.

The City's Mobility Element describes the related policies necessary to ensure that pedestrian and bicycle facilities are safe and effective for Indian Wells residents, employees and visitors. Using the Mobility Element as a guide, significant impacts to these facilities would occur when a plan or project:
(1) creates a hazardous condition that currently does not exist for pedestrians and bicyclists, or otherwise interferes with pedestrian accessibility; or (2) conflicts with an existing or planned pedestrian or bicycle facility; or (3) conflicts with policies related to bicycle and pedestrian facilities as adopted by the City of Indian Wells for its respective facilities.

Indian Wells General Plan Update
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According to the Department of Finance Population and Housing Estimates, the City of Indian Wells had a population of 4,797 in 2024. The expected population from GPU buildout conditions would be 5,405. GPU TA evaluated the buildout of the proposed General Plan that would result in 5,455 single family units and 816 multifamily units, for a total of 6,271 residential units (consistent with the Current General Plan); 5,159,667 square feet of nonresidential space (27,563 more square feet than the Current General Plan); and 6,310 jobs (93 more jobs than the Current General Plan). As the population of Indian Wells increases through the GPU horizon, there would be an associated increase in the demand for transit facilities and service that would result in additional traffic congestion.

Level of Service (Consistency with the General Plan)
Future Traffic Conditions without Improvements
The potential operational effects on the transportation system were evaluated under the Year 2045 GPU conditions for non-CEQA local transportation analysis purposes. The automobile turning movement counts for the 2045 Proposed GPU were developed based on outputs from the RIVCOM travel demand model.

No specific development projects are proposed as part of the Indian Wells GPU. While widening of Highway 111 within Indian Wells is included under the Riverside County Transportation Commission's Long Range Transportation Study (ROTC LRTS), there is no committed funding for the widening.

For the analysis prepared in the Draft EIR, the roadway and intersection configurations are kept consistent from the existing scenario, including Highway 111 with 2 lanes in each direction and all study intersections with the same lane configurations and signal phasing.

The Level of Service (LOS) at seven intersections for year 2045 GPU conditions was analyzed (see Table 4.16-7 in the Draft EIR). The Indian Wells Lane and Highway 111 intersection will have a LOS F during the weekday AM and PM hours. The Eldorado Drive and Highway 111 intersection will also have a LOS F during weekday PM hours, and the Cook Street and Highway 111 intersection will have a LOS E during weekday AM hours.

Roadway Segments
The roadway segment analysis was performed for average daily traffic volumes (ADT). According to this analysis, Highway 111 from Cook Street to Rancho Palmeras Drive and Highway 111 from Miles Avenue to Washington Street will have a LOS F (see Table 4.16-8 in the Draft EIR).

Future Traffic Conditions with Highway 111 Improvements Several intersections and roadway segments on Highway 111 would operate at a LOS below the City's LOD "D" target and would not meet the CMT LOS "E" target. Widening of Highway 111 from 4 to 6 lanes within City limits was identified in the RCTS LRTS. The following provides a summary of the anticipated traffic operations with widening of Highway 111 and study intersections along the corridor.

With the addition of a third lane in each direction of Highway 111, the following intersection improvements were assumed at the study intersections:
• Cook Street at Highway 111
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o Eastbound: Convert right -turn only lane to through -right turn lane o Westbound: Convert right -turn only lane to through -right turn lane • Eldorado Drive at Highway 111
o Eastbound: Convert right -turn only lane to through -right turn lane o Westbound: Convert right -turn only lane to through -right turn lane • Indian Wells Lane at Highway 111
o Eastbound: Add additional through -lane
o Westbound: Add additional through lane
• Miles Avenue at Highway 111
o Eastbound: Convert right -turn only lane to through -right turn lane o Westbound: Add additional through lane
The improvements would result in all study intersections operating at LOS D or better (see Table 4.16- 9 in the Draft EIR).

Bicycle and Pedestrian
Growth associated with the implementation of the GPU would increase the population of Indian Wells, thus presumably increasing the demand for bicycle and pedestrian facilities as well as resulting in an increase in vehicular traffic. However, the Mobility Element includes a long list of policies and actions that would enhance the bicycle and pedestrian network to fulfill Goal M-2 which strives to provide a variety of travel modes to residents, workers, and visitors. See the policies and actions listed below. The implementation of all the GPU Mobility goals, policies, and actions would result in a more integrated and complete network of bicycle and pedestrian facilities as compared to existing conditions.

The GPU would not conflict with a program, plan, ordinance, or policy addressing bicycle or pedestrian facilities.

The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.

Policies
M-1.1
Development -Related Traffic Impacts. Require all new development and expansion of existing development to offset their adverse effects on the circulation system and mitigate Vehicle Miles Traveled (VMT) impacts.

M-1.2 LOS Standards. Strive to maintain a minimum Level of Service (LOS) "D" at intersections during the weekday peak hours.

M-1.3 Traffic Distribution. Maintain a street system that helps to facilitate the distribution of traffic throughout the City and minimizes congestion, including during special events.

M-1.4 Efficient Circulation. Support traffic control measures which reduce noise and air quality impacts and are consistent with traffic engineering guidelines; such measures could include continue to support traffic signal coordination programs like the Indian Wells General Plan Update
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Coachella Valley Sync program, adding left -turn lanes at intersections, incorporating right -turn only access at selected locations, and continue to maintain streets surfaces in good operating condition.

M-1.5 Transportation Management System. Make use of effective transportation system management techniques such as signal coordination. Any new development is required to join the City's existing Transportation Management System.

M-1.6 Intersection Configurations. Consider the use of non-traditional intersections such as roundabouts and traffic circles, where appropriate, safe, and feasible.

M-1.7 Minimize Environmental Impacts. Manage the circulation system to minimize congestion and improve flow and air quality.

M-1.8 Local and Regional Collaboration. Coordinate with other government entities in implementation of the City's Circulation Plan and Coachella Valley -wide circulation improvements. Entities include Caltrans, Coachella Valley Association of Governments (CVAG), Local Agency Formation Commission (LAFCO), Southern California Association of Governments (SCAG), Riverside County Transportation Commission (RCTC), Riverside County and adjacent communities.

M-2.1 Multi -Modal Streets. Apply context -sensitive complete streets principles to roadway improvement projects to serve all modes of travel and users of all ages and abilities, where appropriate.

M-2.2 Alternative Modes. Encourage the use of alternative modes of transportation including public transit, ride sharing, biking, low speed vehicles, and walking that serve the City's residents, workers and visitors to local and regional destinations.

M-2.3 Connectivity. Improve pedestrian, bicycle, and low speed vehicle connections from residential neighborhoods to retail centers, hotels, and schools.

M-2.4 New Development. Encourage new developments to develop internal shared use paths where desirable and feasible, with additional amenities such as secure bicycle parking, pedestrian -scale lighting, street furniture, landscaping. Developments must connect any internal walking or biking paths to the City-wide path system with frequent and safe access points and safe for people walking and biking to use.

M-2.5
M-2.6
M-2.7
Citywide Bicycle Network. Support an integrated citywide bicycle network through the construction of new bike lanes and enhancement of existing bike lanes.

Bicyclist and Pedestrian Safety. Develop safe and convenient bicycle and pedestrian facilities and crossings that reduce conflicts with other modes.

CV Link Users. Provide safe and efficient travel options through the City for CV Link users coming from neighboring cities.

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M-4.1 Funding Sources. Leverage existing available funding methods and sources to fud the transportation system in the City while also researching innovative funding sources at the federal, state, regional, and county levels.

M-4.2 Development Fees. Ensure that new development projects contribute their appropriate fair share to transportation network improvements.

M-4.3 Monitor Funding. Monitor funding of programmed transportation improvements.

M-4.4 Regional Funding. Encourage regional agencies to continue to provide adequate transportation funding to local jurisdictions.

Actions
M -la Require new development and expansion of existing development to provide necessary street improvements and address operational deficiencies for which its traffic causes off -site intersections to preform beyond acceptable LOS standards.

Improvements shall include as conditions of approval, but not be limited to, the following:
• On -site transportation facilities: streets, curbs, traffic control devices;
• Access improvements: street extensions, widening, turn lanes, signals, etc;
• Street widening for streets fronting the development property as shown on the Circulation Plan map;
• Right -of -Way landscaping; and
• Offsite roadway and intersection improvements.

M -lb
M -lc
Require vehicle miles traveled (VMT) analysis for land use application projects and transportation projects for the purposes of environmental review under the California Environmental Quality Act (CEQA). Adopt City -specific VMT thresholds and consider publishing Transportation Study Guidelines to establish methodologies and standards to evaluate transportation impacts from land development and transportation projects. The City shall continue to maintain LOS standards for the purposes of planning and designing street improvements.

Coordinate with other government entities in implementation of the City's Circulation Plan and Coachella Valley -Wide circulation improvements. Entities include Caltrans, Coachella Valley Association of Governments (CVAG), LAFCO, Southern California Association of Governments (SCAG), Riverside County Transportation Commission (RCTC), Riverside County and adjacent communities.

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M -le
M -1g
M -2a
M -4a
Finding
Encourage new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design.

Implement the arterial highway system in a manner consistent with Federal, State, and local environmental quality standards and regulations, and consistent with the City's charm and unique appeal
During project application review, consider requiring new and enhanced transit, bicycle, and pedestrian facilities along arterials and collectors where appropriate.

Develop and support a flexible financing program to fund the construction, maintenance, and improvement of the roadway system.

The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to a program, plan, ordinance, or policy addressing the circulation system. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to a program, plan, ordinance, or policy addressing the circulation system. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.16-19) Rationale for Finding
The GPU Mobility Element also includes policies and actions to maintain and improve the circulation system throughout the growth and development of the City. Policy M-1.1 requires all new developments and expansion of existing development to offset their adverse effects on the circulation system and mitigate Vehicle Miles Traveled (VMT) impacts. Policy M-1.5 emphasizes the use of effective transportation system management techniques such as signal coordination and requires any new development to join the City's existing Transportation Management System. Additionally, it helps to ensure that cumulative growth in the City as well as the valley is properly analyzed, Policy M-1.8 states that the City coordinates with other government entities in the implementation of the City's Circulation Plan and Coachella Valley -wide circulation improvements. These entities include Caltrans, Coachella Valley Association of Governments (CVAG), LAFCO, Southern California Association of Governments (SCAG), Riverside County Transportation Commission (RCTC), Riverside County, and adjacent communities. The City's transportation policies also emphasize maintaining efficient traffic flow while minimizing environmental and safety impacts. Policy M-1.2 sets a goal of maintaining a minimum Level of Service (LOS) "D" at intersections during weekday peak hours, aiming to reduce traffic congestion. To support traffic distribution throughout the City and ease congestion during special events, Policy M-1.3 ensures that the street system is well -maintained. Further enhancing circulation, Policy M-1.4 promotes traffic control measures such as traffic signal coordination, adding turn lanes, and maintaining street surfaces to minimize noise and air quality impacts. To reduce congestion and improve air quality, Policy M-1.7 promotes proactive management of the City's circulation system.

The GPU Mobility Element also contains multiple actions imposed on new development. Action M - 1a requires new development and expansion of existing development to provide necessary street Indian Wells General Plan Update
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improvements and address operational deficiencies for which its traffic causes off -site intersections to perform beyond acceptable LOS standards. Action M -lb requires VMT analysis land use application projects and transportation projects for the purposes of environmental review under CEQA. The action states that the City adopts City -specific VMT thresholds and considers publishing Transportation Study Guidelines to establish methodologies and standards to evaluate transportation impacts from land development and transportation projects. The City shall continue to maintain LOS standards for the purposes of planning and designing street improvements. With implementation of the actions and policies described above, the GPU would enhance, not disrupt, existing or planned transit and roadway facilities.

Certain City policies emphasize the importance of securing and managing funding to support a sustainable and efficient transportation system. Policy M-4.1 highlights the need to leverage available funding methods while actively researching innovative funding sources at federal, state, regional, and county levels to ensure the City can maintain and improve its transportation infrastructure.

Additionally, Policy M-4.2 ensures that new development projects contribute their fair share toward transportation network improvements, supporting equitable funding for future growth. Monitoring the funding of programmed transportation improvements is also a key focus under Policy M-4.3, ensuring that projects remain on track and receive necessary financial support.

In terms of regional collaboration, Policy M-4.4 encourages regional agencies to continue providing adequate transportation funding to local jurisdictions, strengthening the City's ability to maintain and enhance its transportation system. Action M -4a aligns with these policies by supporting the development of a flexible financing program to fund the construction, maintenance, and improvement of the roadway system, ensuring the City can address its evolving transportation needs while maintaining financial stability. Finally, Action M-lg states that the City will implement the arterial highway system in a manner consistent with Federal, State, and local environmental quality standards and regulations, and consistent with the City's charm and unique appeal.

Growth associated with the implementation of the GPU would increase the population of Indian Wells, thus presumably increasing the demand for bicycle and pedestrian facilities as well as resulting in an increase in vehicular traffic. However, the Mobility Element includes a long list of policies and actions that would enhance the bicycle and pedestrian network to fulfill Goal M-2 which strives to provide a variety of travel modes to residents, workers, and visitors.

Policy M-2.1 encourages the use of alternative modes of transportation, including public transit, ride sharing, biking, low -speed vehicles, and walking, to serve the City's residents, workers, and visitors traveling to local and regional destinations. Complimenting Policy M-2.1, Policy M-2.2 aims to improve pedestrian, bicycle, and low -speed vehicle connections from residential neighborhoods to retail centers, hotels, and schools. Policy M-2.5 supports an integrated citywide bicycle network through the construction of new bike lanes and enhancement of existing bike lanes. Policy M-2.6 is dedicated to providing safe and efficient travel options through the City for CV Link users coming from neighboring cities. Policy M-2.7 discusses providing safe and efficient travel options through the City for CV Link users coming from neighboring cities. Lastly, Action M -1c states that the City will coordinate with other government entities in implementation of the City's Circulation Plan and Coachella Valley -wide circulation improvements. Entities include Caltrans, Coachella Valley Indian Wells General Plan Update
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Association of Governments (CVAG), Local Agency Formation Commission (LAFCO), Southern California Association of Governments (SCAG), Riverside County Transportation Commission (RCTC), Riverside County and adjacent communities.

Additionally, there are policies and actions that directly address new developments to ensure that future growth of the City does not negatively affect bicycle and pedestrian facilities. Policy M-2.3 focuses on new developments, encouraging them to create internal shared -use paths where desirable and feasible, including amenities such as secure bicycle parking, pedestrian -scale lighting, street furniture, and landscaping. These developments must connect any internal walking or biking paths to the City-wide path system with frequent and safe access points, ensuring safety for people walking and biking. To further enhance the bike network system, Policy M-2.4 requires new developments to provide bike lanes on public roads and mandates updates to the Citywide Bicycle Plan as needed. Action M -2a states that during project application review, the City will consider requiring new or enhanced transit, bicycle, and pedestrian facilities along arterials and collectors where appropriate. Action M-1 e encourages new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design. The implementation of these actions and policies for new developments would ensure that new development would not negatively affect the City's bicycle and pedestrian facilities.

Conclusion
Implementation of the GPU would not physically disrupt an existing facility or interfere with the implementation of a planned facility, including transit, roadway, bicycle, and pedestrian facilities. With implementation of the transit, bicycle, and pedestrian supportive policies and actions within the GPU, the access to multimodal options would be enhanced and transit, bicycle, and pedestrian connectivity would be improved. Additionally, the GPU would not conflict with a program, plan, ordinance, or policy addressing transit, bicycle, or pedestrian facilities. Therefore, this impact would be less than significant.

Impact 4.16 b For Impact 4.16 b (VMTs), refer to Section E, Significant and Unavoidable Impacts That Cannot Be Mitigated to Below the Level of Significance.

Impact 4.16 c: The GPU would not increase hazards due to a geometric design feature or incompatible uses.

The City of Indian Wells has well -established roadway and site design standards that guide the design and construction of new transportation facilities to minimize design hazards for all users of the circulation system. City policies (including those identified in the GPU) require evaluation of safety conditions as part of the project review process. This includes the review of roadway improvements to ensure that safety -related standards are met, such as driver sight distance requirements, intersection improvements, and additional pedestrian and bicycle infrastructure. As needed, improvements to meet safety standards are identified and required as part of project approval. New roadways are required to be designed according to applicable Federal, State and, local design standards. This includes the City's adopted Public Improvement and Engineering Standards.

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All future development under the GPU would be subject to, and designed in accordance with, City of Indian Wells design and safety standards as well as meet the guidelines in the California Manual of Uniform Traffic Control Devices and the Caltrans Roadway Design Manual. Therefore, impacts associated with transportation -related hazards will be less than significant.

The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.

M-1.6 Intersection Configurations. Consider the use of non-traditional intersections such as roundabouts and traffic circles, where appropriate, safe, and feasible.

M-1.12 Truck Routes. Maintain a network of truck routes to facilitate goods movement to regional roads and to discourage the use of residential roads.

M-2.5 Citywide Bicycle Network. Support an integrated citywide bicycle network through the construction of new bike lanes and enhancement of existing bike lanes.

M-2.6 Bicyclist and Pedestrian Safety. Develop safe and convenient bicycle and pedestrian facilities and crossings that reduce conflicts with other modes.

M-2.7 CV Link Users. Provide safe and efficient travel options through the City for CV Link users coming from neighboring cities.

M-2.8
M-2.9
Bus Stops. Work with Sunline and other providers to improve bus stop amenities.

Rail and Air Travel. Participate with regional agencies and cities to promote rail and air service capacities that meet the needs of residents, workers, and visitors.

M-2.10 The Living Desert. Coordinate with The Living Desert to ensure Indian Wells residents have access to the reserve's nature walks and hiking trails.

Actions
M -1d Evaluate opportunities to implement alternative roadway design elements, including but not limited to, roundabouts, traffic circles, and chicanes, as traffic control, considering safety, traffic calming, cost and maintenance.

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M -le Encourage new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design.

M-lf Consider streetscape improvements such as landscaping, sidewalks, paths, lighting, and other pedestrian -oriented features in the City.

M -2b Consider establishing a low -speed vehicle path system, consistent with the provisions of the California Vehicle Code and the California Highway Design Manual.

M -2c Create a promotional campaign to encourage walking, biking, carpooling, and alternative modes of transportation to the automobile to improve air quality.

Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to traffic hazards due to a geometric design feature. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to traffic hazards. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.16-30)
Rationale for Finding
The City of Indian Wells has well -established roadway and site design standards that guide the design and construction of new transportation facilities to minimize design hazards for all users of the circulation system. The project review process includes evaluation of safety conditions of a proposed project. This includes the review of roadway improvements to ensure that safety -related standards are met, such as driver sight distance requirements, intersection improvements, and additional pedestrian and bicycle infrastructure. As needed, improvements to meet safety standards are identified and required as part of project approval. New roadways are required to be designed according to applicable Federal, State and, local design standards. This includes the City's adopted Public Improvement and Engineering Standards.

Additionally, the GPU includes policies that are intended to result in a reduction in potential conflict between road use types. Policies intended to create a safe, comprehensive, and integrated system of trails, sidewalks, and bikeways include Policy M-1.1 which aims to work with schools and school districts within the city to encourage parents and children to walk or bike to school through programs such as Safe Routes to School. Policy M-2.4 encourages new developments to develop internal shared use paths where desirable and feasible, with additional amenities such as secure bicycle parking, pedestrian -scale lighting, street furniture, landscaping. Developments must connect any internal walking or biking paths to the City-wide path system with frequent and safe access points and safe for people walking and biking to use. Policy M-2.5 supports an integrated citywide bicycle network through the construction of new bike lanes and enhancement of existing bike lanes. Policy M-2.6 would develop safe and convenient bicycle and pedestrian facilities and crossings that reduce conflicts with other modes. Policy M-2.7 plans to provide safe and efficient travel options through the City for CV Link users coming from neighboring cities. Action M -1e encourages new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design.

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To ensure that development contributes appropriately to transportation improvements, Action M -4b enforces the collection of fair share fees from new development projects. These fees are allocated to enhance the transportation network, allowing the City to expand its infrastructure in line with population growth. Additionally, Action M -4c mandates that the City actively monitor funding for programmed transportation improvements, ensuring that resources are efficiently allocated to priority projects and that timelines are met. This ongoing financial oversight is crucial for maintaining a reliable and up-to-date transportation system. Action M -4a outlines the development and support of a flexible financing program aimed at funding the construction, maintenance, and improvement of the roadway system. This initiative is critical in ensuring that the City can adapt to changing financial conditions while keeping its transportation infrastructure in good condition.

Policies also focus on safety and accessibility. For example, Policy M-1.6 encourages the use of non- traditional intersection designs, like roundabouts, when feasible, while Policy M-1.9 supports Safe Routes to School programs to encourage walking and biking. Residential streets benefit from traffic calming measures (M-1.10), and ADA accessibility (M-1.11) is prioritized to ensure safe travel for all residents, including those with disabilities. Policies M-2.8 and M-2.9 address public transit and regional connectivity by working with transit providers to improve bus stop amenities and promoting rail and air services. Policy M-1.12 states that the City will maintain a network of truck routes to facilitate the movement of goods to regional roads and to discourage the use of residential roads. Action M-ld would evaluate opportunities to implement roundabouts as traffic control and improve safety while Action M-1 f considers streetscape improvements like pedestrian -oriented features in the City. And Action M -2a states that the City would consider establishing a low -speed vehicle path, following provisions of the California Vehicle Code and the California Highway Design Manual. Finally, the City collaborates with The Living Desert (M-2.10) to ensure access to recreational trails for Indian Wells residents.

Through implementation of these policies and action, existing conflicts between motor vehicles and non -motorized travelers will be reduced over time. All future development under the GPU would be subject to, and designed in accordance with, City of Indian Wells design and safety standards as well as meet the guidelines in the California Manual of Uniform Traffic Control Devices and the Caltrans Roadway Design Manual. Therefore, implementation of the GPU would not result in transportation - related hazards. This impact would be less than significant.

Impact 4.15 d: The GPU would not result in inadequate emergency access.

The GPU includes circulation improvements and policies that would enhance emergency access throughout Indian Wells. Additionally, emergency access for any future discretionary developments under the GPU would be subject to review by the City of Indian Wells and responsible emergency service agencies; thus, ensuring all future projects would be designed to meet all Indian Wells emergency access and design standards. Therefore, the GPU would not result in inadequate emergency access. This impact would be less than significant.

The following GPU actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.

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Actions
PS -1g Work with RCFD to maintain, update, and regularly exercise emergency access, protocols, and evacuation routes to assess their effectiveness under a range of emergency scenarios.

PS -2a Mitigation, as feasible, existing, non -conforming development to contemporary fire safe standards where feasible, including road standards and vegetative hazards.

M -la Require new development and expansion of existing development to provide necessary street improvements and address operational deficiencies for which its traffic causes off -site intersections to perform beyond acceptable LOS standards.

Improvements shall include as conditions of approval, but not be limited to, the following:
• On -site transportation facilities: streets, curbs, traffic control devices; • Access improvements: street extensions, widening, turn lanes, signals, etc.;
• Street widening for streets fronting the development property as shown on the Circulation Plan map;
• Right-of-way landscaping; and
• Off -site roadway and intersection improvements.

Finding
The actions listed above continue to support the less than significant findings related to the GPU's impact to adequate emergency access. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to emergency access. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.16-33) Rationale for Finding
As previously stated, emergency access for any future developments under the GPU would be subject to review by the City of Indian Wells and responsible emergency service agencies; thus, ensuring all future projects would be designed to meet all City of Indian Wells emergency access and design standards. Additionally, the Mobility Element and Public Safety Element of the GPU lists policies and actions directed at reducing risk and harm by natural or manmade hazards. In regard to roadways, Action M -1a requires new development and expansion of existing development to provide necessary street improvements and address operational deficiencies for which its traffic causes off -site intersections to perform beyond acceptable LOS standards. Action PS -2a states the City will mitigate, as feasible, existing non -conforming development to contemporary fire safe standards where feasible, including road standards and vegetative hazards. Action PS -1g states that the City will work with RCFD Indian Wells General Plan Update
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to maintain, update, and regularly exercise emergency access, protocols, and evacuation routes to assess their effectiveness under a range of emergency scenarios. With the implementation of GPU actions listed above would continue to support the less than significant finding.

13. Utilities and Service Systems
Impact 4.17 a: The GPU would not require relocation and/or construction of new or expanded water, wastewater, storm drain, electric, natural gas, or telecommunication infrastructure that would cause significant environmental effects.

Individual assessments for water and sewer requirements will be conducted for each new development proposal to ensure there is adequate availability. The infrastructure and facilities necessary to serve new growth may involve development of facilities on new development sites and off -site, such as at existing wastewater treatment facilities, on appropriately designated land, and may also involve improvements to other existing facilities and disturbance of existing rights -of -way. The specific impacts of providing new and expanded facilities cannot be determined at this time, as the GPU does not propose or approve development, nor does it designate specific sites for new or expanded public facilities.

However, water and wastewater are anticipated to be covered under the CVWD 2020 CVRUWMP and Sewer System Management Plan (SSMP). The proposed full buildout of the GPU is similar to the City's current General Plan and CVWD has accounted for undeveloped property in their planning efforts.

CVWD is required to periodically prepare Urban Water Management Plans for water and master plans for wastewater and would anticipate the need for increased service levels as part of their regular planning process. CVWD's SSMP provides for a properly managed, operated, and maintained sanitary sewer system, to include adequate capacity of conveying peak wastewater flows. The SSMP is audited every two years to ensure plan components are adequate, up-to-date, and implemented. The SSMP is updated every five years as needed.

Similarly, electricity and gas companies prepare load forecasts to ensure the reliability of service. As future development under the 2040 General Plan would occur over an approximately 20 -year period, the improvements to public utility infrastructure would be constructed in a coordinated manner concurrent with increases in projected demand and City policies and actions listed below.

The City of Indian Wells is primarily built out, and no major changes in storm flows are anticipated.

As a standard requirement, new development will be required to incorporate stormwater management by conveying site runoff into on -site retention basins with a combined capacity to handle the water quality management plan design capture volume and the controlling 100 -year storm event volume.

New development is obligated to meet the City's requirements by demonstrating that the incremental increase in runoff due to development can be adequately retained on -site. The site -specific impacts of these facilities cannot be determined until the facilities are proposed.

The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.

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Policy
RM-5.1 Fair Share. Ensure that all new development and major redevelopment provides for and funds its fair share of the costs for the expansion of public infrastructure and services, recreational amenities, and facilities.

RM-5.2 Capital Improvements. Maintain and finance the capital improvement program to ensure the timely implementation of the General Plan and the adequate and the timely provision of public facility and municipal improvements.

RM-5.3 Regional Cooperation. Collaborate with the various regional facility and service providers to deliver high levels of service to Indian Wells.

RM-5.4 Public/Private Partnerships. Consider public/private partnerships to realize capital infrastructure and public service needs within the City.

RM-5.5 Sufficient Capacity. Coordinate with CVWD to ensure wastewater facilities provide sufficient capacity for Indian Wells residents.

RM-5.6 Monitoring and Maintenance. Coordinate with CVWD to ensure wastewater infrastructure conditions are monitored and facilities are adequately maintained.

RM-8.1 Infrastructure and Services. Encourage service providers to make available the highest level of telecommunications infrastructure, along with a wide range of modern telecommunications services for Indian Wells residences, businesses, and institutions.

RM-8.2 Improvements and Upgrades. Promote technological improvements and upgrading of telecommunications services.

RM-8.3 Utility Siting. Coordinate with service providers in the siting and design of telecommunications facilities to minimize environmental, aesthetic, and safety impacts.

RM-8.4 Undergrounding. Require that all new telecommunication lines are installed underground where feasible and promote the undergrounding of existing overhead facilities.

Actions
RM-5a
RM-5b
Maintain and implement public facility master plans, in collaboration with appropriate outside service providers and agencies, to ensure compliance with appropriate regional, State, and federal laws and to identify infrastructure needs, funding sources, and implement improvements for public facilities and services.

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

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RM-5c Periodically survey residents to assess the perceived adequacy of City services and facilities.

RM-5d Continue to upgrade older water mains in the City as needed to ensure adequate water pressure for firefighting.

RM-5e Cooperate with CVWD to update population projections, sewer generation formulas, needed improvements, and programs within the Integrated Regional Water Management Plan (IRWM) at least every five years.

RM-5f Work with CVWD to expedite the improvement and expansion of sewer facilities when necessary.

RM-5g Cooperate with CVWD to evaluate and implement stormwater improvements, including, but not limited to, the need for channel lining, rip -rap, and drop structures as necessary.

RM-5h
Through the development review process, continue to cooperate with CVVC/D to ensure adequate wastewater facilities are provided and maintained in the community.

Specifically, the City should:
• Require that sufficient wastewater infrastructure capacity is available to serve the development prior to approval of the project.
• Ensure the project applicant has paid the required fees prior to occupancy of any new development.
• Periodically review the fee schedules for sewer connections and revise fees as necessary to cover the cost of related services and facilities.

RM-8a As part of development review, ensure that telecommunications infrastructure is unobtrusive and screened from public view where possible.

RM-8b Actively seek to participate in pilot programs and other opportunities to expand high- speed broadband services within the City. Confer with telecommunications providers regarding major development plans and participate of the extension of utilities.

Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to water, wastewater treatment, stormwater drainage, electric power, natural gas, or telecommunication facilities. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to water, wastewater treatment, stormwater drainage, electric power, natural gas, or telecommunication facilities. Accordingly, no changes or alterations to the Proposed GPU were Indian Wells General Plan Update
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required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.17-13) Rationale for Finding
The requirement for additional utilities such as natural gas, electricity, and telecommunications would likely be increased as new developments are proposed. However, the City is largely built out and access to these utilities is expected to be available without the need to construct or relocate existing infrastructure. All infrastructure improvements would be required to comply with applicable City regulations, including GPU Policy RM-5.1, RM-5.2, RM-5.5, RM-5.6 and RM-8.1—RM-8.4. As well as Actions RM-5d, RM-5e, RM- 5f, RM 5g, and RM-8a and RM-8b. Policy RM-5.1 and RM-5.2 requires future projects within the City to pay the fair share costs for the expansion of public infrastructure, services and facilities, and requires the City to maintain and finance the capital improvement program to ensure the timely improvement of public facilities and improvements. These policies are supported by Actions RM-5a and RM-5d. Policies RM-5.3 and RM-5.4 promotes regional and public and private collaboration regarding services, which are supported by RM-5b and RM-5c. Policies RM-5.5 and RM-

5.6 encourages coordination with CVWD regarding water and wastewater services, which are supported by actions RM-5e through RM-5h. Policies RM-8.1 through RM-8.4 focuses on upgrading and maintaining telecommunication infrastructure within the City. These policies are supported by Actions RM-8a and RM-8b.

Moreover, these utilities would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA. Therefore, impacts related to the relocation or construction of new or expanded water, wastewater treatment or stormwater is less than significant because all future projects will abide State regulations and City policies and actions listed above.

Impact 4.17 b: The GPU would have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years.

The baseline condition of the City's current General Plan Buildout would result in 5,455 single family units and 816 multifamily units, for a total of 6,271 residential units; 5,132,104 square feet of nonresidential space; and 6,217 jobs. In comparison with the full buildout of the GPU, the City of Indian Wells could accommodate a total of 6,271 housing units, 5,405 residents (same as the current General Plan); 5,159,667 square feet of new non-residential building space (27,563 more square feet than the Current General Plan); and 6,310 jobs within the Planning Area (93 more jobs that the Current General Plan). The Proposed GPU will not result in additional population growth and consequently there would be no increase in residential water supplies beyond what has already been analyzed in the CVWD 2020 Regional Urban Water Management Plan (RUWMP). The additional employment and square footage of non-residential building space is also accounted for in the 2020 RUWMP.

The Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS) adopted by the Southern California Association of Governments (SCAG) in 2020. As part of that effort, SCAG performed a detailed evaluation of current and projected future demographics throughout southern California, including CVWDs service area for the RUNIC/MP. The RTP/SCS analysis included forecasts for employment, population, and households within cities and unincorporated areas. This demographic Indian Wells General Plan Update
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information was used to prepare projections of future water demands. The population growth forecasts were developed using regional growth projections published in 2020 by SCAG. The projections provided in SCAG's RTP/SCS plan included estimates of population, households, and employment through 2045. In April 2024, SCAG updated their RTP/SCS. The 2024 RTP/SCS focuses on buildout of the Southern California region by 2050. The Plan includes four goals that fall into four core categories: mobility, communities, environment, and economy.

CVWD's 2020 RUWMP has been developed to assist the agency in reliably meeting current and future water demands in a cost-effective manner. The comprehensive Water Management Plan guides efforts to eliminate overdraft, prevent groundwater level decline, protect water quality, and prevent land subsidence. The RUWMP serves as a planning tool that documents actions in support of long-term water resources planning and ensures adequate water supplies are available to meet existing and future urban water demands.

CVWD's domestic water system has 64 pressure zones and consists of approximately 97 groundwater production wells, 2,000 miles of pipe, and 133 million gallons of storage in 65 enclosed reservoirs.

CVWD's service area includes all or a portion of the cities of Cathedral City, Indian Wells, Indio, La Quinta, Palm Desert, and Rancho Mirage, and unincorporated areas of Riverside County. According to the CVWD 2023-2024 Annual Review, CVWD has an average daily demand of 75.9 MGD in its coverage area and delivered 85,014 AFY in 2023-2024. CVWD has a total daily pumping capacity of 234 MGD and storage capacity of 174.2 million gallons NG).

CVWD developed an approach for estimating service area population to account for the effect of seasonal residents on gallon per capita per day (GPCD) estimates. This method was approved by the California Department of Water Resources (DWR) for use in the RUWMP. Estimates of the permanent population were made using DWR's Population Tool. CVWDs water service area was loaded into the Population Tool and intersected with census data to estimate permanent population.

CVWD then estimated the seasonal population and the population in RV parks using data from the Census and other sources. CVWD estimates a population of 268,952 in 2020, and a population of 383,300 in 2045 (see Table 4.17-2 in the Draft EIR). CVWD projects groundwater demand to be 123,461 acre-feet per year (AFY) in 2025, and 148,166 AFY in 2045 (see Table 4.17-3 in the Draft EIR). CVWD includes water saving fixtures and measures in their projections of water demand.

Additionally, when feasible, CVWD requires new development to use recycled or non -potable water as a condition of receiving domestic and wastewater services from CVWD. If recycled or non -potable water service is not available at the time, developments would then use recycled or non -potable water as it becomes available.

The California Urban Water Management Planning Act (Act) requires urban water suppliers to assess water supply reliability by comparing total projected water use with the expected water supply over the next 20 to 25 years in five-year increments. The Act also requires an assessment for a single dry year and multiple dry years. The CVWD UWMP states that water supplies during normal, dry and multiple dry years is fully reliable and CVWD will be able to meet 100 percent of the projected water demand for the period of 2025-2045. However, during a normal year, single -dry year, or five -dry year period, the agencies could produce additional groundwater if demands exceed the estimates (see Table 4.17-6 in the Draft EIR).

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The GPU will continue to implement water conservation measures in accordance with the applicable landscape ordinance requirements pertaining to water efficient irrigation systems and drought -tolerant plant selection (Indian Wells Municipal Code 21.60). Based on the information provided in this analysis, there is substantial evidence to support a determination that there will be sufficient water supplies to meet the demands of the City. Therefore, impacts to the water supply would be less than significant and future projects will be required to comply with all such regulations and GPU policies and actions listed below.

The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.

Policies
RM-6.1
RM-6.2
RM-6.3
RIVI-6.4
RM-6.5
RM.6.6
RM-6.7
Actions
RM-6a
RM-6b
RM-6c
Regional Cooperation. Actively participate in regional activities to assure (a) the effective management of water resources, and (b) the development of water policies at the County, State and Federal level that are favorable to the Coachella Valley.

Groundwater Management. Protect the underlaying water basin from overextraction by encouraging sustainable groundwater recharge and management.

Conservation. Encourage the use of water conserving appliances and fixtures in all new developments, required by state law.

Water Saving Design. Incorporate water -wise native landscaping or alternative water saving materials (i.e. artificial turf) whenever feasible with the City.

Non -Potable Waterlines. Continue to support the extension of non -potable waterlines for irrigation use, especially to Highway 111, local businesses, and Homeowners Associations.

Reclaimed Water. Encourage water -intensive land uses, such as golf courses, to uti ive reclaimed water, where feasible for landscaping and irrigation needs.

Education. Strengthen education programs related to water protection and conservation.

Periodically review and update, as needed, the City's Water Efficient Landscape Ordinance to optimize conservation and comply with State Assembly Bill 325.

Recommend the establishment incentives/funding for projects or residences that implement water conservation measures.

Work with CVWD to establish a historical record of Indian Wells water utilization for existing average home, City consumption, gated communities' common area and existing individual businesses.

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RM-6d Incorporate water -wise native landscaping or alternative water saving materials in recently constructed medians.

RM-6e Require the installation of water conservation devices in new development pursuant to the Uniform Building, Mechanical, and Electrical Codes.

RM-6f Replace irrigation controllers with weather -based irrigation controllers in landscape areas maintained by the City, A water saving audit will be conducted after one year of the completing of the replacement units.

RM-6g Work with CVWD and private developers to encourage water conservation in the following ways:
• Implementing aquifer and groundwater recharge programs • Participating in water conservation programs operated by the local and regional water districts
• Monitoring citywide usage on an annual basis and make recommendations to modify or expand water conservation measures to ensure their effectiveness • Informing the public about water conservation techniques and available water conservation programs they can uti ive via the city's newsletter, website, and Channel 17.
• Developing education materials and programs that encourage and facilitate water conservation throughout the community
• Requiring the use of drought resistant plant species in landscaping for public and private areas, including parks and recreational facilities, in accordance with the Water Efficient Landscape Ordinance requirements.
• Whenever feasible, requiring the installation and use of reclaimed water systems for irrigation purposes in new developments.
• Requiring the incorporation of water conservation devices, including low flush toilets, flow restriction devices, and water conserving appliances in both new public and private development projects and rehabilitation projects.

RM-6h Whenever feasible, incorporate improved open space and preservation areas in areas used for groundwater recharge and/or drainage detention.

RM-6i Through the development review process, continue to cooperate with CVWD to ensure adequate water supply is provided and maintained in the community.

Specifically, the City should:

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• Require that sufficient water supply and water infrastructure capacity is available to serve the development prior to approval of the project, pursuant to Water Code Section 10910 and Government Code Section 66473.7. • If requested by CVWD or the City Engineer, require proposed developments to include a water quality assessment as part of the application materials, and implement identified mitigation measures during construction and development.
• Ensure the project applicant has paid the required fees prior to occupancy of any new development.
• Periodically review the fee schedules for water connections and revise fees as necessary to cover the cost of related services and facilities.

RM-6j
RM-6k
Finding
Cooperate with CVWD to update population projections, water use generation formulas, needed improvements, and programs within the Integrated Regional Water Management Plan (IRWM) at least every five years.

Work with CVWD to expedite the improvement and expansion of water and reclaimed water facilities when necessary.

The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to water supplies during future normal, dry, and multiple dry years. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to water supplies during normal, dry, and multiple dry years. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.17-16) Rationale for Finding
As stated above, the 2020 RUWMP was developed to assist the agency in reliably meeting current and future water demands in a cost-effective manner. The RUWMP serves as a planning tool that documents actions in support of long-term water resources planning and ensures adequate water supplies are available to meet existing and future urban water demands. GPU Policy RM-6.1 and 6.2 are implemented to support the regional cooperation of all involved agencies and groundwater management.

Future demand within CVWD's jurisdictional boundary is anticipated to be 123,461 AFY in 2025 and 148,166 in 2045. Anticipated water savings related to toilets, showerheads, dishwashers, clothes washers, and urinals (categorized as indoor water use) as well as outdoor water use have been incorporated into CVWD's projections. Indoor conservation is mainly a result of government mandated water efficiency requirements for fixtures. It assumes that all new construction complies with the plumbing code in effect that the time and any replacement device is also in compliance with the current plumbing code. GPU Policy RM-6.3, which encourages the use of water conserving Indian Wells General Plan Update
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appliances and fixtures in all new developments, required by State law, will also be implemented to support water saving measures.

When feasible, CVWD requires new development to use recycled or non -potable water as a condition of receiving domestic and wastewater services from CVWD. If recycled or non -potable water service is not available at the time, developments would then use recycled or non -potable water as it becomes available. Currently, Toscana Country Club, Desert Horizons, and Indian Wells Golf Resort use recycled non -potable water at these golf courses. GPU Policy RM-6.6 also encourages the use of reclaimed water for water -intensive uses, such as golf courses.

The GPU will continue to implement water conservation measures in accordance with the applicable landscape ordinance requirements pertaining to water efficient irrigation systems and drought -tolerant plant selection (Indian Wells Municipal Code 21.60) and GPU Actions RM-6a, RM-6d, and RM-6f.

Based on the information provided in the Draft EIR, there is substantial evidence to support a determination that there will be sufficient water supplies to meet the demands of the City. Therefore, impacts to the water supply would be less than significant and future projects will be required to comply with all applicable regulations and GPU policies and actions.

Impact 4.17 c: The GPU would not result in a determination by the wastewater treatment provider that it has adequate capacity the project's projected demand in addition to the provider's existing commitments.

Indian Wells' sewer services are provided by CVWD. CVWD's wastewater collection system consists of approximately 1,160 miles of 6 -inch through 36 -inch diameter sewers and includes 28 sewage lift stations and associated force mains. The system contains trunk sewers, generally 10 inches in diameter and larger, that convey the collected wastewater flows to the District's treatment facilities. CVWD operates five WRPs, two of which (WRP-7 and WRP-10) generate recycled water for irrigation of golf courses and large landscaped areas.

WRP-10 treats domestic wastewater generated within Palm Desert, Indian Wells, Rancho Mirage and portions of Cathedral City. WRP-10 consists of an activated sludge treatment plant, and a tertiary wastewater treatment plant. It is also a groundwater replenishment site and generates recycled water for irrigation of golf courses and large landscaped areas. Per the 2020 CVWD RUWMP, WRP-10 has a capacity to treat 18 million gallons per day (MGD). This plant treats an annual average flow of 10.8 MGD (12,000 AFY) from the activated sludge plant. Approximately 60 percent of WRP-10's effluent receives tertiary treatment, which is available as recycled water and used by the non -potable water fund for delivery to customers. The average population served by the WRP is 90,000 people. According to the California Department of Finance, the 2024 population estimates of Indian Wells is approximately 4,797 residents. Therefore, the City of Indian Wells only contributes approximately 5 percent of the total wastewater generated between the four cities being transported to WRP-10 or 0.5 MGD. Given the current capacity of WRP-10 to treat 18 MGD and the plants' average flow of 10.8 MGD, there is a remaining capacity of 7.2 MGD. Full buildout of the GPUs residential and non-residential components would add additional wastewater over a 20 -year period (approx. 2.28 MGD). CVWD's Sewer System Management Plan (SSMP) describes the management of its sewer collection system. The SSMP is written to minimize the number of Sanitary Sewer Overflows (SSO) and provide for a properly Indian Wells General Plan Update
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managed, operated, and maintained sanitary sewer system, to include adequate capacity of conveying peak wastewater flows. The SSMP is audited every two years to ensure plan components are adequate, up-to-date, and implemented. The SSMP is updated every five years (or as needed) to ensure it is current and includes any audit findings of which direct change to the plan. Through planning and design processes currently in place at CVWD and the coordination with the City, both agencies are able to ensure sewer infrastructure would support future developments under the proposed GPU.

The following GPU action was included in the Draft EIR and the Final EIR and is applicable to the Proposed Project.

Actions
RM-6k Work with CVNX/D to expedite the improvement and expansion of water and reclaimed water facilities when necessary.

Finding
The action listed above continues to support the less than significant findings related to the GPU's impact to the wastewater treatment provider and wastewater capacity. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to wastewater capacity and treatment.

Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.17-24)
Rationale for Finding
The 2024 population estimates of Indian Wells is approximately 4,797 residents. The average population served by the WRP is 90,000 people, therefore, the City of Indian Wells only contributes approximately 5 percent of the total wastewater generated between the four cities being transported to WRP-10 or 0.5 MGD. Given the current capacity of WRP-10 to treat 18 MGD and the plants' average flow of 10.8 MGD, there is a remaining capacity of 7.2 MGD. Full buildout of the GPUs residential and non-residential components would add additional wastewater over a 20 -year period (approximately

2.28 MGD). CVWD's Sewer System Management Plan (SSMP) describes the management of its sewer collection system. The SSMP is written to minimize the number of Sanitary Sewer Overflows (SSO) and provide for a properly managed, operated, and maintained sanitary sewer system, to include adequate capacity of conveying peak wastewater flows. Through planning and design processes currently in place at CVWD and the coordination with the City, both agencies are able to ensure sewer infrastructure would support future developments under the proposed GPU. Therefore, impacts from future development to WRP-10 are not expected to overwhelm the plant's resources and WRP-10 has adequate capacity to provide wastewater services for the future development of vacant residential land in the City.

New construction may require improvements to existing wastewater infrastructure and/or disturbance of existing rights -of -way connections. The specific impacts of these improvements cannot be determined at this time, because the GPU does not propose any development. Future development would be evaluated at a project -level to ensure the proper wastewater improvements are made. The environmental impacts are expected to be similar to those associated with new development and Indian Wells General Plan Update
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infrastructure projects under the GPU. As future development is brought forward to the City, it will be required to comply with all current regulations and will be evaluated for compliance with the City's GPU and Municipal Code. Impacts would also be further analyzed for potential environmental impacts, consistent with CEQA. Action RM-6k supports working with CVWD to expedite the improvement and expansion of water and reclaimed water facilities when necessary. Impact to wastewater would be less than significant.

Impact 4.17 d&e: The GPU would not generate solid waste in excess of State or local standards, and the GPU would continue to comply with federal, state, and local management reduction statutes and regulations related to solid waste.

Solid waste and recycling services are provided to the City by Burrtec Waste Industries, Inc. (Burrtec), which also serves restaurants, retailers, hotels, and resorts. Over the last 4 -years, Indian Wells solid waste trends go from 8,000 to 12,000 tons per year (see Table 4.17-9 in the Draft EIR). Solid waste and recycling collected from the City is taken to the Edom Hill Transfer Station. This transfer station is permitted to receive 3,500 tons per day (tpd) and currently processes over 1,900 tons per day.

Residual waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Landfill and the Lamb Canyon Sanitary Landfill. The Badlands Landfill has a permitted daily capacity of 5,000 tons per day and an estimated total capacity of 82,300,000 cubic yards with a remaining capacity of 7,800,00 cubic yards. The Lambs Canyon Landfill has a permitted capacity of 5,000 tons per day and 319,242,950 cubic yards of remaining capacity with a closure date of 2032. Therefore, the GPU would be served by a landfill with sufficient capacity. Additionally, the other landfills have sufficient capacity to meet the demands of solid waste generated by the additional development under the GPU.

The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.

Policies
RM-7.1 Compliance with State Legislation. Comply with local, regional and State regulations regarding waste diversion, source reduction, recycling, and composting.

RM-7.2 Solid Waste Collection. Provide adequate waste disposal, recycling, and refuse services for present and future residents and businesses, including programs that improve public access to solid waste collection and recycling facilities.

RM-7.3 Fees and Funding. Work with Burrtec to periodically review collection, recycling, and disposal fees to achieve state and federal mandates, meet community expectations, and reflect cost efficiencies or increases for service delivery. Be prepared to fund expansions, operations, or maintenance for regional waste facilities when necessary, including but not limited to the Badlands Landfi and the Lamb Canyon Sanitary Landfill.

RM-7.4 Recycled Product Use. Encourage the salvage and reuse of building materials and recycled products in new construction and remodel projects.

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RM-7.5 Community -Wide Waste Reduction. Continue to foster a sense of personal responsibility among residents for solid waste management particularly in accomplishing waste reduction and recycling goals.

RM-7.6 Short -Lived Climate Pollutant Reduction. Continue to implement solid waste plans and programs, such as organic waste recycling and surplus food recovery, that reduce short-lived climate pollutants (SLCP).

RM-7.7 Recycling and Composting. Encourage the recycling/composting of all City organic materials including landscape and food waste materials.

Actions
RM-7a Regularly review the service levels of the Edom Hill Transfer Station. Coordinate with impacted agencies on potential plans for expansions, maintenance, and operations when service levels are determined to be inadequate.

RM-7b
RM-7c
On an ongoing basis and in compliance with State law, ensure solid waste collection activities completed by franchise solid waste haulers, facility siting and construction of transfer and/or disposal facilities, operation of waste reduction and recycling programs, and household hazardous waste disposal and education programs are consistent with the Riverside County Solid Waste Management Plan.

Include standard language in requests for services and in City agreements requiring contractors to use best management practices to maximize diversion of waste from the landfill in order to meet the City's specified diversion rates.

RM-7d Encourage the expansion of recycling and reuse programs, such as:

RM-7e Increased participation in residential curbside recycling programs; RM-7f Increased participation in commercial and industrial recycling programs for paper, cardboard, and plastics;
RM-7g Reduce yard and landscaping waste through methods such as composting, grass recycling, and using resource efficient landscaping techniques; and RM-7h Encourage local businesses to provide electronic waste (e -waste) drop-off services and encourage residents and businesses to properly dispose of, or recycle, e -waste.

RM-7i Continue to enforce and monitor required diversion rates pursuant to the requirements contained in Chapter 16.75. of the Municipal Code.

RM-7j Continue the procurement of recycled products and materials utilized in City owned buildings, including building/decorative materials and furnishings, food and beverage service items and office materials.

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RM-7k
Maintain and improve the City of Indian Wells waste diversion rate as mandated by the State of California. Participate in source reduction and recycling techniques to reduce the amount of solid waste sent to landfi s and ensure adequate landfi 1 capacity in the region.

RM-71 Work with appropriate service providers to collect and compost greenwaste, including landscaping, Christmas trees, composting and mulch, and other sources of organic waste, to distribute for use in parks, medians, and other municipal areas.

RM-7rn
Provide recycling and composting information to residents, commercial businesses, and developers. These educational programs will inform citizens of the benefits of recycling and composting, and appropriate disposal options and locations.

Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's generation of solid waste and capacity, and regulations related to solid waste. Overall, the Proposed GPU would have less than significant Direct or indirect impacts relating to solid waste.

Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.17-25)
Rationale for Finding
Future buildout of the GPU could result in 5,455 single family units and 816 multifamily units, for a total of 6,271 residential units (consistent with the Current General Plan); 5,159,667 square feet of non- residential space (27,563 more square feet than the Current General Plan); and 6,310 jobs (93 more jobs than the Current General Plan).

As stated above, the Lambs Canyon Landfill has a permitted capacity of 5,000 tons per day and 319,242,950 cubic yards of remaining capacity with a closure date of 2032. Therefore, the GPU would be served by a landfill with sufficient capacity. Additionally, the other landfills have sufficient capacity to meet the demands of solid waste generated by the additional development under the GPU. The City will continue to coordinate with Riverside County regarding solid waste disposal capacity in order to continue to provide adequate waste disposal, recycling, and refuse services, per Policy RM-7.2. Actions RM-7a and RM-7b require the regular review of service levels at the Edom Hill Transfer Station and ensure solid waste collection activities completed by franchise solid waste haulers, facility siting and construction of transfer and/or disposal facilities, operation of waste reduction and recycling programs, and household hazardous waste disposal and education programs are consistent with the Riverside County Solid Waste Management Plan and State law.

Future development would be subject to waste diversion measures required by the City. Every covered project is required to divert a minimum of fifty percent (50%) with a goal of seventy percent (70%) of the construction and demolition debris resulting from that project. This follows State and local statutory goals and policies implemented by GPU Policy RM-7.1 and RM-7.4. The City has a waste diversion goal of reducing organic waste disposal seventy-five percent (75%) by 2025. These goals are consistent with state regulations regarding solid waste, composting, and recycling (Senate Bill 1383) Indian Wells General Plan Update
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and implemented by GPU Policy RM-7.6 and RM-7.7 and Actions RM-7d, RM-7e, RM-7f, RM-7g, RM-7k, RM-71, and RM-7m. Given the City's ability to meet its disposal targets and the remaining capacity of the area landfi s, meeting the solid waste and recycling needs of the GPU would not result in adverse impacts to landfill facilities.

The Indian Wells Municipal Code also requires all new construction to develop a waste management plan for construction and demolition projects (16.75) as well as screening measures of utility and solid waste facilities (21.50). In addition, the GPU update includes the following Policies RM-7.4 and RM-

7.5, aimed at maintaining conservation practices and promoting proper solid waste management in both the public and private sectors.

The project will comply with all applicable solid waste statutes, policies, and guidelines. Burrtec abides by Assembly Bill 341 which is a legislative declaration that it is the policy goal of the State of California that not less than 75% of solid waste generated be reduced, recycled, or composted by the year 2020.

Future projects will be required to arrange for Burrtec collection of recycled material and supply and allow access to an adequate number, size, and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with City's collection services. The California Green Building Standards Code (CalGreen) applies to all cities in California, and mandates that all new building construction develop a waste management plan that includes diversion of at least 65% of construction and demolition material from landfi s, through recycling and/or reuse. There are no impacts relative to applicable solid waste regulations because future projects will be required to comply with all such regulations and GP Policies and Actions listed above. Impacts would be less than significant.

D. FINDINGS ON SIGNIFICANT ENVIRONMENTAL IMPACTS THAT CAN BE

REDUCED TO A LESS THAN SIGNIFICANT LEVEL
The following summary describes impacts of the Proposed Project that, without mitigation, would result in significant adverse impacts. The City Council hereby finds that Mitigation Measures in the form of GPU policies and actions have been identified in the EIR and these Findings that will avoid or substantially lessen the following potentially significant environmental impacts. Upon implementation of the mitigation measures provided in the EIR, these impacts would be considered less than significant. See Attachment I (Index) at the end of this document for the location of the discussion threshold questions.

1. Aesthetics
Impact 4.1 a: The GPU would adversely affect a scenic vista.

While the Planning Area contains numerous areas and viewsheds with relatively high scenic value (i.e., natural landforins/mountains), there are no officially designated scenic vista points in the Planning Area. Additionally, there are no officially designated scenic highways located in the City of Indian Wells. The closest scenic highway is located approximately 1.35 miles west of the City boundaries (Route 74). Significant visual resources in the Planning Area include the surrounding mountain ranges, specifically the Santa Rosa Mountains located immediately south, and the more distant San Jacinto Indian Wells General Plan Update
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Mountains to the west and Little San Bernardino Mountains to the north. The Santa Rosa Mountains occupy the southern portion of the City at an elevation of approximately 2,200 feet. The tallest peak of the Santa Rosa Mountains is Toro Peak at 8,716 feet (outside of the City boundary). Views of the Santa Rosa Mountains are visible from most parts of the City and are the most notable visual assets.

The San Jacinto and Little San Bernardino Mountains are located further from the City and are visible from a few locations throughout the City.

The City of Indian Wells is largely developed with residential, commercial, resort, recreational, and open space uses. There are very few areas within the Planning Area that are designated for urban land uses which are not already developed. The proposed Land Use Map does not convert any lands designated specifically for open space land uses to urban uses. However, implementation of the Proposed GPU could lead to new and expanded urban development throughout the City, specifically on undeveloped land north of Highway 111 and east and west of Miles Avenue, as well as lands north and south of Miles Avenue between Warner Trail and Washington Street. This new development may obstruct or interfere with views of visual features surrounding the Planning Area, including views of the Santa Rosa Mountains. Furthermore, buildout under the GPU and implementation of the proposed General Plan Land Use Map has the potential to result in new and expanded development along the Highway 111 corridor, which includes high scenic values, even though the segment of Highway 111 within the City is not determined an officially designated City view corridor. This is considered a potentially significant impact, which would be mitigated to a less than significant level through the implementation of the policies and actions listed below.

Mitigation Measure
Policies and actions, as proposed by the GPU, will serve as mitigation to reduce potential impacts to less than significant levels. The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project. The measures as provided includes any revisions incorporated in the Final EIR.

Policies
RM-2.1 Open Space Preservation. Designate and preserve the City's open space and scenic resources including hillside open space, mature trees, rock outcroppings, ridgelines, watercourse open space, golf courses, and public parks.

RM-2.2 Scenic Vista Preservation. Locate and site development to preserve public and private views of hillside areas, the Santa Rosa Mountains, and other scenic vistas of the San Jacinto and San Gorgonio Mountain Ranges.

RM-2.3 Open Space Character. Establish and maintain greenbelts and open space amenities which enhance the open space character of the City and serve the needs of residents.

RM-2.4 Tourism Support. Support resort tourism by preserving, restoring, creating, and maintaining public open space, scenic views from public rights -of -way, and low impact recreational opportunities.

Actions
Indian Wells General Plan Update
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RM-2a
Finding
Enforce the Hillside Management Ordinance to ensure the environmental integrity of the hillsides.

Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg.

4.1-7)
Rationale for Finding
Buildout of vacant lands within the Planning Area would be required to be consistent with the Proposed GPU. Goal RM-2 of the GPU's Resource Management Element is to ensure that natural open space areas are protected and balanced with recreation, scenic enjoyment, and protection of natural resources and features. This is supported by policies and actions that require the City to preserve open space and scenic resources, which enhances the open space character of the City, and supports tourism (see Policies RM-2.1 through RM-2.4 and Action RM-2a). Specifically, the implementation of the policies and actions contained in the GPU listed below would determine and preserve the City's open space and scenic vistas and enforce the Hillside Management Code in the Indian Wells Municipal Code to ensure the environmental integrity of the hillsides (Policies RM-2.1 through RM-2.3 and Action RM-2a). The protection of these scenic views and open space areas will also attract tourism to the City (Policy RM-2.4). Additionally, the implementation of the policies and actions contained in the Resource Management Element would further ensure that new development is designed in a way that enhances the visual quality of the community, compliments the visual character of the City, and that adverse effects on public views are minimized. Therefore, the impact would be less than significant following implementation of the GPU policies and actions.

Impact 4.1 d: The GPU would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.

Nighttime lighting is generated by developed structures and buildings, such as residential homes, commercial businesses, and resort properties within the City of Indian Wells. Traffic signals, light poles and signage also contributes to nighttime lighting sources throughout the City. Residential homes and commercial businesses typically include low -intensity, downward -oriented light fixtures, typically located at building entrances, or within parking areas and along pedestrian pathways. Non -stationary sources of light in the City is contributed by vehicular traffic traveling through rights -of -way within the City. A major thoroughfare within the City includes Highway 111, which provides regional access to the City. Increased nighttime lighting can reduce visibility of the night sky, resulting in fewer stars being visible and generally detracting from the quality of life in Indian Wells. This is considered a potentially significant impact.

Daytime glare is typically generated in urban areas by sunlight reflecting off of structures, windows, and other reflective surfaces. Implementation of the proposed GPU would introduce the development of new structures which could result in increased daytime glare. However, the City of Indian Wells is Indian Wells General Plan Update
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largely developed, apart from approximately 56 acres north of Highway 111, and north and south of Miles Avenue. These areas would develop resort, residential, commercial, and recreational land uses, which may uti ize materials that produce glare.

The City of Indian Wells is located in the Palomar Observatory restricted nighttime light zone that prohibits obtrusive nighttime lights. In order to avoid light pollution created in Riverside County, the County established Ordinance No. 655, Regulating Light Pollution, to restrict the permitted use of certain light fixtures emitting into the night sky undesirable light rays which have a detrimental effect on astronomical observations and research. The allowed lighting within the ordinance must be fully shielded if feasible and partially shielded in all other cases and must be focused to minimize spill light into the night sky and onto adjacent properties. Additionally, Indian Wells Municipal Code Section

22.04.092 requires that any architectural, landscape, or accent lighting (lighting used for decorative effects) shall be turned off between 11:00 p.m. and sunrise in order to protect Palomar Observatory from light pollution. Common recreational areas (club house, common pool areas, etc.) may be lighted while those facilities are in use. This requirement shall exclude outdoor lighting used for illuminating walkways, or other outdoor security lighting as permitted.

Policies
RM-2.7 Lighting and Glare. Protect scenic enjoyment by encouraging outdoor lighting that is directed appropriately and avoid the creation of regular excessive glare that makes seeing difficult due to the presence of reflected sunlight or artificial light.

Action
RM-2b
RM-2c
Adopt a Dark Sky Ordinance to limit residents' exposure to artificial light during their outdoor nighttime activities while providing adequate light levels to ensure safety and security.

Create and implement development design standards to reduce regular excessive glare that makes seeing difficult due to the presence of reflected sunlight or artificial light.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures are feasible, and the measures are therefore adopted. (Draft EIR pg.

4.1-11)
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Rationale for Finding
Increased nighttime lighting can reduce visibility of the night sky, resulting in fewer stars being visible and generally detracting from the quality of life in Indian Wells. This is considered a potentially significant impact which would be mitigated to a less than significant level through the implementation of Policy RM-2.7 which requires outdoor lighting to be directed appropriately and avoid the creation of regular excessive glare that makes seeing difficult due to the presence of reflected sunlight or artificial light. Implementation of Action RM-2b would reduce lighting impacts from residential uses during nighttime activities without compromising safety, while Action RM-2c would implement development design standards to reduce excessive glare.

In addition to the policies and actions listed above, future projects would be required to comply with regulations established in Riverside County Ordinance No. 655, Regulating Light Pollution, due to the City's location within the Palomar Observatory restricted nighttime light zone, which prohibits obtrusive nighttime lights. Ordinance No. 655 restricts the permitted use of certain light fixtures emitting into the night sky undesirable light rays which have a detrimental effect on astronomical observations and research. The allowed lighting within the ordinance must be fully shielded if feasible and partially shielded in all other cases and must be focused to minimize spill light into the night sky and onto adjacent properties. Additionally, Indian Wells Municipal Code Section 22.04.092 requires that any architectural, landscape, or accent lighting (lighting used for decorative effects) shall be turned off between 11:00 p.m. and sunrise in order to protect Palomar Observatory from light pollution.

Common recreational areas [club house, common pool areas, etc.) may be lighted while those facilities are actually in use. This requirement shall exclude outdoor lighting used for illuminating walkways, or other outdoor security lighting as permitted.

Through the implementation of the policies and actions during the development review process, the City can ensure that adverse impacts associated with daytime glare and nighttime lighting are reduced to a less than significant level.

2. Biological Resources
Impact 4.4 a: The GPU will not have a substantial adverse effect on species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations by the CDFW or USFWS.

The Planning Area can be characterized as a resort town, mostly developed with residential, commercial, and open space land uses. There are only a few areas of the Planning Area that have not been developed or disturbed. However, this does not negate the presence of special status species occurring in these areas. The implementation of the GPU would not directly approve or entitle any development or infrastructure projects. However, implementation would allow and facilitate future development in Indian Wells, which could result in adverse impacts to special -status plant and wildlife species, as well as sensitive remaining natural habitat.

According to a 2024 CNDDB search of the City, a search revealed 17 special status species within the City boundaries (listed under Special Status Species, see page 4.4-3 of the Draft EIR). Subsequent development under the GPU could result in the direct loss of habitat areas associated with these special Indian Wells General Plan Update
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status species since suitable habitat for some of these species does still exist within the City.

Additionally, indirect impacts to special status plant species could occur with implementation of the GPU. Thus, impacts are potentially significant.

Mitigation Measures
Policies and actions, as proposed by the GPU, will serve as mitigation to reduce potential impacts to less than significant levels. The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project. The measures as provided includes any revisions incorporated in the Final EIR.

Policies
RM-1.1
Biodiversity. Preserve biological communities that contribute to the region's biodiversity, with a special focus on sensitive, rare, or endangered plant and wildlife species in accordance with State and federal resource agency requirements.

RM-1.6 Sensitive Biological Habitat. Direct development away from areas of sensitive biological habitat unless effective mitigation measures (such as preconstruction biological surveys to identify whether candidate, sensitive, and/or special -status species occur onsite) to reduce potential impacts can be implemented.

RM-1.7 Pre -Development Review. Require development proposals to identify significant biological resources and provide mitigation to reduce impacts, including through the use of adequate buffering, selective preservation, the provision of replacement habitats, the use of sensitive site planning techniques, and other appropriate impact reduction measures.

RIVI-1.8 Riparian Preservation. Encourage the preservation of areas of riparian vegetation and wildlife habitat along the Whitewater River and Deep Canyon storm channels through the development review process.

Actions
RM-1a
RM-1d
Develop a Native Plant Preservation Ordinance to preserve and protect natural vegetation and wildlife areas, mature trees and landscaping, and to promote the restoration of indigenous vegetation. In addition, the City shall continue to strictly monitor new development and redevelopment through site inspections to ensure the maximum feasible protection of native plants.

Cooperate with the County of Riverside to develop and manage preserve areas within the urban landscape. During the review of development proposals, use the Coachella Valley Multiple Species Habitat Conservation Plan to help assess potential project impacts and mitigation requirements. Development in the City shall be required to comply with the applicable terms of the CVMSHCP including, but not limited to, the payment of mitigation fees, narrow endemic surveys, riparian/riverine policy, and other applicable surveys.

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RM-le
RM-1f
Where feasible, vegetation and tree removal should occur outside of the bird nesting season (February 1 to August 31). If not feasible, the project applicant shall retain a qualified biologist to conduct a nesting bird survey no more than three days prior to the commencement of construction activities. The biologist conducting the clearance survey shall document the negative results if no active bird nests are observed on the project site or within the vicinity during the clearance survey with a brief letter report, submitted to the City of Indian Wells Planning Department prior to construction, indicating that no impacts to active bird nests would occur before construction can proceed. If an active avian nest is discovered during the pre -construction clearance survey, construction activities shall stay outside a 300 -foot buffer around the active nest. For listed raptor species, this buffer shall be 500 feet. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure the nesting behavior is not adversely affected by construction activity, pursuant to the Migratory Bird Treaty Act (MBTA). Prior to the commencement of construction activities and the issuance of any permits, results of the pre -construction survey and any subsequent monitoring shall be provided to the City of Indian Wells Planning Department, California Department of Fish and Wildlife (CDFW), and other appropriate agencies.

Review each development proposal as it is submitted to the City to assure that the potential impacts on the natural environment are minimized in accordance with the provisions of CEQA.

RM-1g Prior to the approval of any development proposed in areas of "high ecological sensitivity," require the applicant to prepare a biological study for the area.

4.4-13)
Rationale for Finding
In order to ensure that less than significant impacts occur to any special status species located in the City, any future development would be required to follow City policies and actions. Applicable policies and actions to special status species include Policy RM-1.1, to preserve biological communities that contribute to the region's biodiversity, with a special focus on sensitive, rare, or endangered plant and wildlife species in accordance with State and federal resource agency requirements. Policy RM-1.6 states that the City should direct development away from areas of sensitive biological habitat unless effective mitigation measures can be implemented. Policy RM-1.7 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. Policy RM1-1.8 encourages the preservation of areas of riparian vegetation and wildlife habitat along the Whitewater River and Deep Canyon storm channels.

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Action RM-1a states that the City shall strictly monitor new development and redevelopment through site inspections to ensure the maximum feasible protection of native plants. Action RM-1d states that the City will use the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) to help assess potential project impacts and mitigation requirements. Action RM-1d states how development in the City must comply with CVMSHCP in terms of payment of mitigation fees, narrow endemic surveys, riparian/riverine policy, and other applicable surveys. Action RM-1 e states that where feasible, vegetation and tree removal should occur outside of the bird nesting season (February 1 to August 31).

If not feasible, the project applicant shall retain a qualified biologist to conduct a nesting bird survey no more than three days prior to the commencement of construction activities. Action RM-1 f states that the City shall review each development proposal submitted to the City to assure that the potential impacts on the natural environment are minimized. Action RM-1g requires that any development proposed in areas of "high ecological sensitivity" are required to conduct a biological study for the area.

Adherence to these policies and actions would ensure that impacts are minimized. Policies required by developers will be enforced by the City, and policies and actions will be implemented when the GPU is approved. In addition, all future development would be required to comply with applicable federal and State laws and regulations that concern the preservation of biological resources, including the CVMSHCP, CEQA, and Migratory Bird Treaty Act (MBTA).

Any future development would be required to follow the MBTA and all applicable laws pertaining to nesting birds and birds of prey. The MBTA prohibits the take, possession, import, export, transport, selling, purchase, barter, or offering for sale, purchase or barter, any migratory birds, their eggs, parts, and nests, except as authorized under a valid permit by the Department of Interior U.S. Fish and Wildlife Service.

As discussed above, if a project is to be developed next to a Conservation Area, it is required that the project follow CVMSHCP's Land Use Adjacency Guidelines. These guidelines are necessary to avoid or minimize edge effects. These requirements include light shielding to reduce the effects of light on habitat and setbacks, berms, or walls, as appropriate to minimizing the effects of noise. Where appropriate, the City and/or applicable agencies may require projects not adjacent to Conservation Areas to require similar measures to CVMSHCP's Land Use Adjacency Guidelines. The City's Staff will review each project and the necessary biological studies on a subject property to inform best practices are used and avoidance and or reduction of biological impacts are implemented.

The policies and actions and federal and State measures discussed above would reduce impacts on candidate, sensitive, and/or special -status species to less than significant levels.

Impact 4.4 b: The GPU would have a substantial adverse effect on riparian habitat or other sensitive natural community.

The GPU could facilitate development that could impact existing vegetation communities. According to Natural Community Accounts and Conservation Measures from the Final Major Amendment to the CVMSHCP (August 2016) mesquite hummocks were formerly widespread from the dune areas of Indian Wells but are now restricted to undeveloped lots amid urban lands. Changes in soil moisture Indian Wells General Plan Update
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and water table declines may have reduced the occurrence of these hummocks. Changes to the vacant properties within the City could result in significant impacts to sensitive natural communities.

RM-1.6 Sensitive Biological Habitat. Direct development away from areas of sensitive biological habitat unless effective mitigation measures to reduce potential impacts can be implemented.

RM-1.8 Riparian Preservation. Encourage the preservation of areas of riparian vegetation and wildlife habitat along the Whitewater River and Deep Canyon storm channels through the development review process.

Actions
RM-la
RM-1d
Develop a Native Plant Preservation Ordinance to preserve and protect natural vegetation and wildlife areas, mature trees and landscaping, and to promote the restoration of indigenous vegetation. In addition, the City shall continue to strictly monitor new development and redevelopment through site inspections to ensure the maximum feasible protection of native plants.

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Review each development proposal as it is submitted to the City to assure that the potential impacts on the natural environment are minimized in accordance with the provisions of CEQA.

RM-1g Prior to the approval of any development proposed in areas of "high ecological sensitivity," require the applicant to prepare a biological study for the area.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg.

4.4-16)
Rationale for Finding
The City has policies and actions regarding natural communities, to ensure less than significant impacts occur. Policy RM-1.1 states that the City should preserve biological communities that contribute to the region's biodiversity, with a special focus on sensitive, rare, or endangered plant and wildlife species in accordance with State and federal resource agency requirements. Policy RM-1.6 states that the City should direct development away from areas of sensitive biological habitat unless effective mitigation measures can be implemented. Policy RM-1.7 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. Policy RMl-1.8 encourages the preservation of areas of riparian vegetation and wildlife habitat along the Whitewater River and Deep Canyon storm channels. Applicable actions Indian Wells General Plan Update
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include Action RM-la, stating that the City develop a Native Plant Preservation Ordinance to preserve and protect natural vegetation and wildlife areas, mature trees and landscaping, and to promote the restoration of indigenous vegetation. In addition, the City shall strictly monitor new development and redevelopment through site inspections to ensure the maximum feasible protection of native plants.

Action RM-1d states that the City should cooperate with the County of Riverside to develop and manage preserve areas within the urban landscape. During the review of development proposals, use the CVMSHCP to help assess potential project impacts and mitigation requirements. Development in the City shall be required to comply with the applicable terms of the MSHCP including, but not limited to, the payment of mitigation fees, narrow endemic surveys, riparian/riverine policy, and other applicable surveys. Action RM-1f states that the City shall review each development proposal submitted to the City to assure that the potential impacts on the natural environment are minimized.

Action RM-1g requires that any development proposed in areas of "high ecological sensitivity" are required to conduct a biological study for the area. Adherence to these policies and actions would ensure that impacts are minimized. Policies required by developers will be enforced by the City, and policies and actions will be implemented when the GPU is approved. In addition, all future development would be required to comply with applicable federal and state laws and regulations that concern the preservation of biological resources, including the CVMSHCP, MBTA, and CEQA.

As discussed above, a future project developed near a Conservation Area would be required to follow CVMSHCP's Land Use Adjacency Guidelines. These guidelines are designed to prevent or reduce edge effects and include requirements such as light shielding to minimize light impact on habitats, as well as setbacks, berms, or walls to mitigate noise. In some cases, the City or relevant agencies may also require projects not directly adjacent to Conservation Areas to implement similar measures in line with CVMSHCP guidelines. City Staff will review each project along with any necessary biological studies on the property to ensure best practices are followed. Impacts to sensitive vegetation communities and riparian habitat associated with development facilitated by the GPU would be less than significant.

Impact 4.4 c: The GPU would have a substantial adverse effect on state or federally protected wetlands.

The City does not contain federally protected wetlands, marshes, or other natural drainage features.

There is the Whitewater River and Deep Canyon Stormwater Channel in the City. Both waterways are managed by the Coachella Valley Water District (CVWD). Federal standards prohibit development in the floodways though some watercourse areas are used for golfing. Changes to the Whitewater River Channel are proposed as part of the proposed project consistent with ongoing efforts to improve the channel. Approximately 6.82 acres of the Whitewater River Channel will be removed from the storm channel and added to developable acreage for resort commercial uses. The proposed changes to the Whitewater River Channel could result in potential impacts to biological resources.

Indian Wells General Plan Update
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Policies
RM-1.7 Pre -Development Review. Require development proposals to identify significant biological resources and provide mitigation to reduce impacts, including through the use of adequate buffering, selective preservation, the provision of replacement habitats, the use of sensitive site planning techniques, and other appropriate impact reduction measures.

Actions
RM-la
RM-ld
RM-le
Develop a Native Plant Preservation Ordinance to preserve and protect natural vegetation and wildlife areas, mature trees and landscaping, and to promote the restoration of indigenous vegetation. In addition, the City shall continue to strictly monitor new development and redevelopment through site inspections to ensure the maximum feasible protection of native plants.

Where feasible, vegetation and tree removal should occur outside of the bird nesting season (February 1 to August 31). If not feasible, the project applicant shall retain a qualified biologist to conduct a nesting bird survey no more than three days prior to the commencement of construction activities. The biologist conducting the clearance survey shall document the negative results if no active bird nests are observed on the project site or within the vicinity during the clearance survey with a brief letter report, submitted to the City of Indian Wells Planning Department prior to construction, indicating that no impacts to active bird nests would occur before construction can proceed. If an active avian nest is discovered during the pre -construction clearance survey, construction activities shall stay outside a 300 -foot buffer around the active nest. For listed raptor species, this buffer shall be 500 feet. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure the nesting behavior is not adversely affected by construction activity, pursuant to the Migratory Bird Treaty Act (MBTA). Prior to the commencement of construction activities and the issuance of any permits, results of the pre -construction survey and any subsequent monitoring shall be provided to the City of Indian Wells Planning Department, California Department of Fish and Wildlife (CDFW), and other appropriate agencies.

Indian Wells General Plan Update
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RM-1f
Review each development proposal as it is submitted to the City to assure that the potential impacts on the natural environment are minimized in accordance with the provisions of CEQA.

RM-lg Prior to the approval of any development proposed in areas of "high ecological sensitivity," require the applicant to prepare a biological study for the area.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg.

4.4-19)
Rationale for Finding
The Whitewater River Channel is not a Conservation Area, nor have any sensitive species been found in the portion of the Channel in the Planning Area. However, in order to ensure that improvements on the storm channel and the removal of 6.82 acres from the storm channel does not negatively impact biological resources, appropriate biological surveys will be conducted if deemed necessary by City Staff and applicable public agencies. GPU Policy RM-1.7 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. Policy RM1-1.8 encourages the preservation of areas of riparian vegetation and wildlife habitat along the Whitewater River and Deep Canyon storm channels. These policies are supported by Action RM-1a, stating that the City develop a Native Plant Preservation Ordinance to preserve and protect natural vegetation and wildlife areas, mature trees and landscaping, and to promote the restoration of indigenous vegetation. In addition, the City shall strictly monitor new development and redevelopment through site inspections to ensure the maximum feasible protection of native plants. Action RM-1d states that the City should cooperate with the County of Riverside to develop and manage preserve areas within the urban landscape. During the review of development proposals, use the CVMSHCP to help assess potential project impacts and mitigation requirements.

Development in the City shall be required to comply with the applicable terms of the MSHCP including, but not limited to, the payment of mitigation fees, narrow endemic surveys, riparian/riverine policy, and other applicable surveys. Action RM-1f states that the City shall review each development proposal submitted to the City to assure that the potential impacts on the natural environment are minimized. Action RM-1g requires that any development proposed in areas of "high ecological sensitivity" are required to conduct a biological study for the area. Overall, implementation of the GPU would not result in the direct removal, filling, or other hydrological interruption to any of these resources. Impacts would be less than significant.

Indian Wells General Plan Update
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3. Cultural and Tribal Cultural Resources
Impact 4.5 a: Development of the GPU could impact historical resources.

The City of Indian Wells is largely developed. Buildout of the GPU will accommodate new businesses and residential uses and expansion of existing businesses. New development would occur in vacant and infill properties, largely concentrated north of Highway 111 and north and south (and east and west in some areas) of Miles Avenue. Although the GPU does not propose a specific development, analysis of the potential impacts to historic resources were analyzed should development occur, as proposed by the GPU.

Analysis of Eastern Information Center (EIC) and other databases of previously recorded resources within the GPU indicate five historic built environment resources are currently identified within the City. None are listed on the National Register of Historic Places (NRHP) or California Register of Historic Resources (CRHR). Three built environment resources were previously determined eligible for the NRHP. Of these, two buildings are no longer extant, and one is still intact. The remaining two previously recorded built environment resources were determined not eligible for the NRHP or the CRHR. While the GPU does not propose any site -specific plans that would affect an identified historical resource, future developments may have the potential to impact a historic resource at the project level.

Policies
RM-4.1 Preservation. Protect areas containing significant historic, archaeological, paleontological and tribal cultural resources, as defined by the California Public Resources Code.

RM-4.2 Tribal Consultation. Consult with Native American tribes whose tribal cultural resources may be impacted by proposed development, as necessary, and in accordance with state, local, and tribal intergovernmental consultation requirements, to mitigate or avoid significant effects to resource(s).

RM-4.3
RM-4.4
Actions
Historic Resources. Identify, designate, and protect buildings, districts, eligible properties and sites of historic importance within Indian Wells.

Funding. Identify funding programs to assist private property owners in the preservation of historic resources.

Indian Wells General Plan Update
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RM-4a Continue to assess development proposals for potential impacts to sensitive historic, archaeological, and paleontological resources pursuant to the California Environmental Quality Act (CEQA).

RM-4b
RM-4c
RM-4d
RM-4e
RM-4f
For structures that potentially have historic significance, the City shall require that a study be conducted by a professional archaeologist or historian to determine the actual significance of the structure and potential impacts of the proposed development in accordance with CEQA Guidelines Section 15064.5. The City may require modification of the project and/or mitigation measures to avoid any impact (including visual impacts) to a historic structure, when feasible.

For all development proposals within areas with the potential to contain prehistoric/historic resources, the City shall require a study to be conducted by a professional archaeologist pursuant to CEQA. The objective of the study will be to determine if significant archaeological resources are potentially present and if the project will significantly impact these resources. If significant impacts are identified, the City may require the project to be modified to avoid the impacts, or require mitigation measures to mitigate the impacts. Mitigation may involve archaeological investigation and resources recovery.

The City shall require an assessment of the potential for development proposals to significantly impact paleontological resources pursuant to the CEQA. If the project involves earthworks, the City may require a study conducted by a professional paleontologist to determine if paleontological assets are present, and if the project will significantly impact the resources. If significant impacts are identified, the City may require the project to be modified to avoid impacting the paleontological materials, require monitoring of rock units with high potential to contain significant nonrenewable palaeontologic resources, or require mitigation measures to mitigate the impacts, such as recovering the paleontological resources for preservation.

The City shall make provisions for historic archeological resources accidentally discovered during construction for projects where the City has approval authority over the project. These provisions shall include an immediate evaluation of the find and contingency funding and time allotment sufficient to allow for the recovery of the historic archeological resource or implement measures to avoid disturbing the resource if the historic archeological resource is determined to be unique.

In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall halt excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner has been informed and has determined that no investigation of the cause of death is required. If the remains are of Native American origin, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the descendants from the deceased Native Americans have made a recommendation to the landowner or the persons Indian Wells General Plan Update
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responsible for the excavation work, regarding appropriate means of treating the ancestral remains, with appropriate dignity, including the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being granted access to the site.

RM-4g
RM-4h
Prior to adopting any general plan, specific plan, or any amendment thereto, the City shall notify appropriate tribes of the opportunity for consultation for the purpose of preserving, or mitigating impacts to, cultural places located on land within the City's jurisdiction that may be affected by the proposed plan or amendment.

Prior to the adoption or substantial amendment of a general plan or specific plan, the City shall refer the proposed action to those tribes that are on the NAHC contact list and have traditional lands located within the City's jurisdiction for a 45 -day comment period.

RM-4i Prior to designating open space, the City shall consult with tribes if the affected land contains a cultural place and if the affected tribe has requested public notice under Government Code section 65092.

RM-4j
RM-4k
Finding
Develop and implement programs and/or incentives to private property owners to help preserve, restore, or reuse historic structures while enhancing their historical significance and integrity.

Conduct a historic properties inventory that takes into consideration buildings, neighborhoods, tribal cultural resources, eligible properties and other features of historic, architectural, or cultural significance and pursue official designation as warranted.

Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures are feasible, and the measures are therefore adopted. (Draft EIR pg..

4.5-16)
Rationale for Finding
As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the City's General Plan, Municipal Code, and other applicable State and Local regulations. Subsequent development and infrastructure projects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA and mitigation may be required as future projects are planned. The City's Resource Management Element of the GPU includes Policy RM-4.1, RM-4.3, RM-4.4 and Actions RM-4a, RM-4b, RM-4c, RM-4e, RM-4j, and RM- 4k that would ensure that impacts to historic resources are taken into consideration and reduced or Indian Wells General Plan Update
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minimized in conjunction with future development. The policies enforce the preservation of historic resources (as defined by the California Public Resources Code) by identifying, designating and protecting buildings, district or eligible properties and sites within the City, and providing funding programs to assist property owners in the preservation of historic resources. Therefore, potential impacts to historical resources associated with growth forecast under the GPU would be less than significant because all future projects will abide by State and local regulations, and the City policies and actions listed above.

Impact 4.5 b: Development of the GPU could impact archaeological resources.

Seventy-two (72) archaeological resources have been previously recorded within the City. However, many of the areas mapped as previously containing archaeological resources have been developed and cultural resources therein destroyed from development.

Prehistoric and historic archaeological sensitivity mapped within the City include the eastern segment of SR -111 and a small section just south of the Coachella Valley Stormwater Channel. Archaeological sensitivity within the City has been mapped using a concentration of previously identified prehistoric and historic resources described in the records search and on historic maps. Prehistoric sensitivity is concentrated in two locations within the City: north and south of the Coachella Valley Stormwater Channel and the eastern segment of SR -111. Twenty-five (25) prehistoric sites and isolates have been previously identified along the Coachella Valley Stormwater Channel including the Native American village site of Kavinish which may contain prehistoric, ethnographic, and historic era buried deposits.

The second location of prehistoric sensitivity within the City is located in Hidden Valley, in the southwest corner, in the foothills west of Eisenhower Mountain. Although the area has gone through a large-scale country club development known as the "Reserve", there is a potential for buried deposits from the concentration of 31 prehistoric sites and isolates in the vicinity.

The Santa Rosa mountains that encompass a majority of the southern portion of the City have unknown sensitivity.

Future development consistent with the GPU could result in impacts to potential archeological resources.

Policies
RM-4.1 Preservation. Protect areas containing significant historic, archaeological, paleontological and tribal cultural resources, as defined by the California Public Resources Code.

Indian Wells General Plan Update
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Actions
RM-4c
RM-4e
Finding
For all development proposals within areas with the potential to contain prehistoric/historic resources, the City shall require a study to be conducted by a professional archaeologist pursuant to CEQA. The objective of the study will be to determine if significant archaeological resources are potentially present and if the project will significantly impact these resources. If significant impacts are identified, the City may require the project to be modified to avoid the impacts, or require mitigation measures to mitigate the impacts. Mitigation may involve archaeological investigation and resources recovery.

4.5-19)
Rationale for Finding
Section 5097.5 of the California Public Resources Code also prohibits the removal, destruction, or defacement of archaeological resources on public lands without express permission by the jurisdiction (State of California 2015). As future projects are planned, they must adhere to GPU policies such as RM-4.1, which enforces the protection of areas containing archaeological resources and GPU Actions RM-4a, RM-4c, RM-4e and all applicable regulations to ensure that impacts to archaeological resources are considered as future development is proposed. Potential impacts to archaeological resources associated with growth forecast under the GPU would be less than significant.

Impact 4.5 c: Development of the GPU could impact human remains.

The City of Indian Wells is largely developed. New development would occur in vacant and infill properties, largely concentrated north of Highway 111 and north and south (and east and west in some areas) of Miles Avenue. Future development associated with the GPU could disturb native soils and therefore could have the potential to encounter human remains. California Health and Safety Code Section 7050.5 states that in the event of discovery of any human remains on the project site, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native American or has reason to believe that they are those of Native Indian Wells General Plan Update
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American, the coroner shall contact the NAHC within 24 -hours, and the NAHC will be responsible for identifying the Most Likely Descendant (MLD) and contacting them for ongoing consultation and resolution.

Actions
RM-4f
Finding
In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall halt excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner has been informed and has determined that no investigation of the cause of death is required. If the remains are of Native American origin, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the descendants from the deceased Native Americans have made a recommendation to the landowner or the persons responsible for the excavation work, regarding appropriate means of treating the ancestral remains, with appropriate dignity, including the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being granted access to the site.

4.5-21)
Rationale for Finding
Future development associated with the GPU could disturb native soils and therefore could have the potential to encounter human remains. Therefore, all development in the City must comply with applicable laws related to the discovery of human remains. Including but not limited to the California Health and Safety Code Section 7050.5, which states that in the event of discovery of any human remains on the project site, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native American or has reason to believe that they are those of Native American, the coroner shall contact the NAHC within 24 -hours, and the NAHC will be responsible for identifying the Most Likely Descendant (MILD) and contacting them Indian Wells General Plan Update
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for ongoing consultation and resolution. The project will be subject to these requirements during all construction and excavation activities. Compliance with the California Health and Safety Code and GPU Action RM-4f of the GPU Resource Management Element will ensure that, should there be a discovery of any human remains during project construction activities, impacts would be reduced to less than significant levels.

Impact 4.5 d: Development of the GPU could impact tribal cultural resources.

The GPU will facilitate future growth in Indian Wells, including new businesses, expansion of existing businesses, and new residential uses. The buildout analysis of the 20 -year horizon, and 2045 buildout will result in a total of 6,271 residential units, which is consistent with the Current General Plan; additional square feet of nonresidential space; and 6,310 jobs. While much of the City has been developed, there is potential for encountering buried resources associated with Native American Tribes. The potential for intact cultural deposits at certain depths is probable at locations deemed sensitive or in proximity to known recorded archaeological resources. All prehistoric archaeological sites and isolates are Tribal Cultural Resources (TCR); however, plants and other natural resources, as well as geographic locations can also be a TCR. Unless already documented, TCRs can only be identified by Tribal representatives or persons working on their behalf.

Policies
RM-4.2
Actions
RM-4a
RM-4c
Tribal Consultation. Consult with Native American tribes whose tribal cultural resources may be impacted by proposed development, as necessary, and in accordance with state, local, and tribal intergovernmental consultation requirements, to mitigate or avoid significant effects to resource(s).

Continue to assess development proposals for potential impacts to sensitive historic, archaeological, and paleontological resources pursuant to the California Environmental Quality Act (CEQA).

For all development proposals within areas with the potential to contain prehistoric/historic resources, the City shall require a study to be conducted by a professional archaeologist pursuant to CEQA. The objective of the study will be to determine if significant archaeological resources are potentially present and if the project will significantly impact these resources. If significant impacts are identified, the City may require the project to be modified to avoid the impacts, or require Indian Wells General Plan Update
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mitigation measures to mitigate the impacts. Mitigation may involve archaeological investigation and resources recovery.

RM-4e
RM-4f
RM-4g
RM-4h
The City shall make provisions for historic archeological resources accidentally discovered during construction for projects where the City has approval authority over the project. These provisions shall include an immediate evaluation of the find and contingency funding and time allotment sufficient to allow for the recovery of the historic archeological resource or implement measures to avoid disturbing the resource if the historic archeological resource is determined to be unique.

In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall halt excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner has been informed and has determined that no investigation of the cause of death is required. If the remains are of Native American origin, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the descendants from the deceased Native Americans have made a recommendation to the landowner or the persons responsible for the excavation work, regarding appropriate means of treating the ancestral remains, with appropriate dignity, including the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being granted access to the site.

Prior to adopting any general plan, specific plan, or any amendment thereto, the City shall notify appropriate tribes of the opportunity for consultation for the purpose of preserving, or mitigating impacts to, cultural places located on land within the City's jurisdiction that may be affected by the proposed plan or amendment.

RM-41 Prior to designating open space, the City shall consult with tribes if the affected land contains a cultural place and if the affected tribe has requested public notice under Government Code section 65092.

RM-4k
Conduct a historic properties inventory that takes into consideration buildings, neighborhoods, tribal cultural resources, eligible properties and other features of historic, architectural, or cultural significance and pursue official designation as warranted.

Indian Wells General Plan Update
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Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg.

4.5-22)
Rationale for Finding
To determine the potential for Tribal cultural resources from the GPU, the City sent notices to the NAHC and local Tribes as required under AB 52 and SB 18. The City sent out 14 notification letters to Native American Tribes. The City received one response to the notification letters. The City also engaged in Tribal consultation with the Agua Caliente Band of Cahuilla Indians, per their request, and in compliance with AB 52 and SB 18. As discussed above, the construction of future development has the potential to unearth unknown cultural resources and TCRs. Site -specific development would undergo further CEQA review and AB 52 consultation that may identify unknown TCRs that have not been formally recorded during the consultation of the GPU. Moreover, the City's Resource Management Element includes Goals and Policies such as Policy RM-4.2 and Actions RM-4a, RM-4c, RM-4e, RM-4f, RM-4g, RM-4h, RM-4 and RM-4k. Policy RM-4.2 requires consultation with tribes whose TCRs may be impacted by development. Actions RM-4a, RM-4c, RM-4e, RM-4f, RM-4g, RM- 4h, RM-4 and RM-4k further require coordination with tribes during review process of future projects.

Adherence to the State, tribe, and local regulations in conjunction with the GPU policies would ensure impacts to TCRs would be reduced to less than significant levels.

4. Geology and Soils
Impact 4.7 a(ii): Strong seismic ground shaking could result in direct or indirect adverse effects in the GPU Planning Area.

While no active faults exist within Indian Wells, the region faces seismic hazards primarily from the San Andreas and San Jacinto faults, located 5 to 15 miles from City boundaries respectively. These faults, including others in the area, pose the risk of seismic ground shaking. Development within the City may thus expose structures and inhabitants to the adverse effects of earthquakes, including ground shaking and related ground failure. Factors influencing ground motion effects and structural damage include earthquake intensity, distance from the epicenter, soil composition, and building design. While accurate earthquake predictions remain elusive, statistical risk analyses estimate the probability of magnitude 7 or greater earthquakes along the San Andreas fault. The Southern Segment of the San Andreas fault, with a characteristic earthquake estimated at magnitude 7.7, poses a notable risk due to its past ruptures. The San Jacinto fault, also active, adds to the seismic risk.

Indian Wells General Plan Update
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Policies
PS -4.1 Geologic Hazard Reduction. Reduce the risk of impacts from geologic and seismic hazards by applying proper and up to date land use planning, development engineering, building construction, and retrofitting requirements.

PS -4.2 Sensitive Site Location. Discourage the development of new sensitive uses and the construction of critical facilities, high -occupancy buildings, and essential services buildings, in areas with high seismic or geologic hazards. Rather, encourage landscaped open space uses for areas within these areas.

PS -4.3 Map Maintenance. Maintain the City's geologic and seismic hazards map in concert with updates from the California Geologic Survey and local surveys and update as appropriate.

PS -4.4 Building Codes. 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.

Actions
PS -4a
PS -4b
PS -4c
Require assessment and mitigation of hazards related to geologic hazards for new development projects or City improvement projects that are identified by the City as susceptible to potential seismic hazards or are located in or adjacent to hillsides.

Require development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design.

Require professional inspection of geotechnical aspects, such as excavation earthwork, during site development construction on sites that have been specified in geotechnical studies as being prone to moderate or greater levels of seismic or geologic hazard.

Review development proposals to ensure compliance with California Health and Safety Code Section 19100 et seq. (Earthquake Protection Law), which requires that buildings be designed to resist stresses produced by natural forces such as earthquakes and wind. Before approval, review development proposals to ensure compliance with the current federal, State, and local building standards. During review of discretionary development and redevelopment proposals, require surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate. When potential geologic impacts are identified, require project applicants to mitigate the impacts per the recommendations contained within the geologic survey.

PS -4d Update building, zoning, and grading codes as needed to ensure adopted standards mitigate potential seismic hazards and comply with the Alquist-Priolo Act.

Indian Wells General Plan Update
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PS -4e Develop a structural hazards reduction program (per Section 8875 of the Government Code) for the upgrading of seismically hazardous buildings.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg.

4.7-22)
Rationale for Finding
The GPU contains policies and actions that address strong seismic ground shaking that could occur.

Policy PS -4.1 requires that projects within the City use the most up to date land use planning, development engineering, building construction, and retrofitting standards. Policy PS4.2 discourages the development of new sensitive uses and the construction of critical facilities, high -occupancy buildings, and essential services buildings, in areas with high seismic or geologic hazards. Policy PS -4.4 requires the use of the most current seismic hazards of the Uniform Building Code. Action PS -4a requires the assessment and mitigation of hazards related to geologic hazards for new development projects or City improvement projects that are identified by the City as susceptible to potential seismic hazards or are located in or adjacent to hillsides. It also requires development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design. Action PS -4b requires professional inspection of geotechnical aspects, such as excavation earthwork, during site development construction on sites that have been specified in geotechnical studies as being prone to moderate or greater levels of seismic or geologic hazard. Additionally, Action PS -4c requires projects to be compliant with California Health and Safety Code Section 19100 et seq (Earthquake Protection Law), current federal, State, and local building standards. It also requires surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate.

The City policies and actions also include Policy PS -4.3 which states that the City will maintain the City's geologic and seismic hazards map in concert with updates from the California Geologic Survey and local surveys and update as appropriate. In addition, Action PS -4d states that the City will update building, zoning, and grading codes as needed to ensure adopted standards mitigate potential seismic hazards and comply with the Alquist-Priolo Act. Action PS -4e states that the City will develop a structural hazards reduction program (per Section 8875 of the Government Code) for the upgrading of seismically hazardous buildings. Implementation of all the GPU applicable policies and actions discussed above and described below would ensure the structural integrity during seismic events, thus reducing seismic impact for new developments in the City to less than significant levels.

Impact 4.7 a(iii): The GPU could be effect by seismic -related ground failure, including liquefaction.

Liquefaction involves sudden loss of strength in a saturated, cohesionless soil (typically sand) which is the result of shock or strain, such as in an earthquake. This shock causes the soil to behave like a liquid.

If the liquefied soils are near the surface, buildings may substantially sink or tilt. Lightweight structures Indian Wells General Plan Update
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may float upwards to the ground surface and foundations may displace laterally, causing structural failures. If the liquefied soils are located in the subsurface, this may provide a sliding surface for material above the liquefied layer. Liquefaction is most likely to occur where groundwater is less than 30 feet from the surface. According to the Sustainable Groundwater Management Act (SGMA) Data Viewer application, State Well Number 05S06E24G001S in the City, east and south of Miles Avenue, north of Highway 111, and west of Washington Street has a recorded depth to groundwater at approximately 162 feet as of March 2024. Since the GPU Planning Area is likely to experience seismic events due to the proximity of local faults, impacts of ground failure could be significant.

Policies
PS -4.1 Geologic Hazard Reduction. Reduce the risk of impacts from geologic and seismic hazards by applying proper and up to date land use planning, development engineering, building construction, and retrofitting requirements.

Require development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design.

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and wind. Before approval, review development proposals to ensure compliance with the current federal, State, and local building standards. During review of discretionary development and redevelopment proposals, require surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate. When potential geologic impacts are identified, require project applicants to mitigate the impacts per the recommendations contained within the geologic survey.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg.

4.7-24)
Rationale for Finding
In order to ensure that future development in the City is not at risk of liquefaction, development would be required to follow City policies and actions. Policy PS -4.1 strives to reduce the risk of impacts from geologic and seismic hazards by applying proper and up-to-date land use planning, development engineering, building construction, and retrofitting requirements. Policy PS -4.2 discourages the development of new sensitive uses and the construction of critical facilities, high -occupancy buildings, and essential services buildings, in areas with high seismic or geologic hazards. Policy PS -4.4 enforces the most current seismic standards of the Uniform Building Code. Action PS -4a requires assessment and mitigation of hazards related to geologic hazards for new development projects or City improvement projects that are identified by the City as susceptible to potential seismic hazards. Action PS -4b requires professional inspection of geotechnical aspects, such as excavation earthwork, during site development construction on sites that have been specified in geotechnical studies as being prone to moderate or greater levels of seismic or geologic hazard. Additionally, Action PS -4c states that during review of discretionary development and redevelopment proposals, require surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate.

When potential geologic impacts are identified, require project applicants to mitigate the impacts per the recommendations contained within the geologic survey. Through the implementation of these City policies and actions, potential impacts from liquefaction would be reduced to less than significant.

Impact 4.7 a(iv): The GPU could be affected by seismic -related landslides.

Landslides and rockfall can occur when unstable slope conditions are worsened by strong ground motion caused by seismic events. Conditions that lead to landslide vulnerability include high seismic potential; rapid uplift and erosion that creates steep slopes and deeply incised canyons; folded and highly fractured rock; and rock with silt or clay layers that are inherently weak. Landslides are not likely to occur within the region, since the areas of steep slopes, located in the southern part of the City, are primarily composed of strong bedrock. Additionally, according to the USGS U.S. Landslide Inventory and Interactive Map, there are no records of landslides within or near the City. Nevertheless, rockfall hazards can occur in the mountains and foothills during a strong earthquake.

Indian Wells General Plan Update
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Mitigation Measure
Policies and actions, as proposed by the GPU, will serve as mitigation to reduce potential impacts to less than significant levels. The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project. The measures as provided include any revisions incorporated in the Final EIR.

Require development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design.

Indian Wells General Plan Update
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4.7-26)
Rationale for Finding
Although landslides are not likely to occur within the region, since the areas of steep slopes in the southern part of the City are primarily composed of strong bedrock, rockfall hazards can occur in the mountains and foothills during a strong earthquake. Policy PS -4.1 requires that projects within the City use the most up to date land use planning, development engineering, building construction, and retrofitting standards. Policy PS -4.2 discourages the development of new sensitive uses and the construction of critical facilities, high -occupancy buildings, and essential services buildings, in areas with high seismic or geologic hazards. Policy PS -4.4 requires the use of the most current seismic hazards of the Uniform Building Code. Action PS -4a requires the assessment and mitigation of hazards related to geologic hazards for new development projects or City improvement projects that are identified by the City as susceptible to potential seismic hazards or are located in or adjacent to hillsides.

Require development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design. Action PS -4b requires professional inspection of geotechnical aspects, such as excavation earthwork, during site development construction on sites that have been specified in geotechnical studies as being prone to moderate or greater levels of seismic or geologic hazard.

Additionally, Action PS -4c requires projects to be compliant with California Health and Safety Code Section 19100 et seq (Earthquake Protection Law), current federal, State, and local building standards.

It also requires surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate. Implementation of the General Plan Update applicable policies and actions would ensure no impacts would occur to new developments from landslides.

Impact 4.7 b: The GPU could result in soil erosion or loss of topsoil.

The City of Indian Wells is largely developed with residential, resort, and commercial uses. Buildout of the GPU would include additional residential, resort and commercial uses, however, the GPU does not propose a specific development. Future development within the City would likely occur north of Highway 111 and north and south (and east and west in some areas) of Miles Avenue, where there are vacant and infill lots. Construction of these areas could result in windborne and waterborne erosion during ground disturbing activities.

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Actions
PS -4c
Review development proposals to ensure compliance with California Health and Safety Code Section 19100 et seq. (Earthquake Protection Law), which requires that buildings be designed to resist stresses produced by natural forces such as earthquakes and wind. Before approval, review development proposals to ensure compliance with the current federal, State, and local building standards. During review of discretionary development and redevelopment proposals, require surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate. When potential geologic impacts are identified, require project applicants to mitigate the impacts per the recommendations contained within the geologic survey.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Windborne Erosion
Construction would involve ground disturbing activities, such as the clearing and grubbing of existing vegetation, and grading, which would expose topsoil and could result in windborne erosion. The Coachella ValleyPM10 State Implementation Plan (SIP) requirement for a Fugitive Dust Control Plan.

A Fugitive Dust Control Plan is required in Indian Wells Municipal Code Chapter 8.20 for any area of more than five thousand square feet. The Fugitive Dust Control Plan requires the implementation of best available control measures (BACMs) including but not limited to the use of perimeter fencing, applying adhesive dust suppressant, and watering the project site. Future projects may be required to implement the BACMs for on- and off -site improvements detailed within the project -specific Fugitive Dust Control Plan during construction of the project site.

Waterborne Erosion
Erosion from rainfall and runoff at the development site during grubbing, grading and construction activities would have adverse effects if not addressed. Therefore, in conjunction with the requirements for water protection, and prior to site disturbance, the project contractor would be required to apply to the State Water Resources Control Board (SWRCB) for coverage under the Construction General Permit (Order No. 99-08-DWQ) (CAS000002). This requirement applies best management practices (BMPs) to remove eroded soils from stormwater discharges during clearing, grading, and excavation.

The Construction General Permit requires an applicant to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP includes a list of the BMPs that would be implemented to prevent soil erosion that could contaminate nearby water resources. The SWPPP for a proposed project and offsite construction relating to the project would be prepared in conjunction with the final grading permit, and would require a range of BMPs, including but not limited to:

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• Temporary Soil Stabilization: hydraulic mulch, soil polymers and geotextiles; • Temporary Sediment Control: sandbag barriers, straw bale barriers, sediment traps, and fiber rolls. • bind Erosion Control: wind fencing, water of the construction site, straw mulch; • Tracking Control: staging/storage area, track -out plates and street sweeping; • Non-stormwater Management: clear water diversion and dewatering; and • Waste Management and Materials Pollution Control: vehicle and equipment cleaning, concrete waste management, and contaminated soils management.

Therefore, the implementation of a SWPPP for a development site in the project area would reduce soil erosion or the loss of topsoil during construction resulting from stormwater to less than significant levels.

Landscaped areas would include ground coverings, trees, and/or shrubs that would stabilize the ground surface. Any irrigation systems (i.e., sprinklers or drip irrigation) would also be maintained according to City standards during project operation to ensure that overwatering of plants (which leads to waterborne erosion) does not occur. Any drainage and retention facilities would be maintained according to City standards during project operation to ensure their intended function. The required routine maintenance of onsite drainage and retention facilities and associated infrastructure would reduce the likelihood of flooding on a developed property. Additionally, development could introduce impervious, paved areas. The impervious surfaces would reduce the potential for erosion during operation by stabi lung the ground surface and minimizing the amount of exposed soil. These features would establish stabilized surfaces and onsite maintenance at a development site, thereby decreasing the likelihood of onsite windborne and waterborne erosion during operation. The implementation of the Fugitive Dust Control Plan and the SWPPP, as well as any mitigation measures detailed in a project - specific survey of soil and geologic conditions (Action PS -4c) would ensure that impacts from erosion created from the site and any offsite construction relating to the development would be less than significant.

Impact 4.7 c: Buildout of the GPU could be located on a geologic unit that is unstable, resulting in landslide, lateral spreading, subsidence, liquefaction, or collapse.

Development allowed under the GPU could result in the exposure of people and structures to conditions that have the potential for adverse effects associated with ground instability or failure. Soils and geologic conditions in the GPU Planning Area could have the potential for landslides, lateral spreading, subsidence, liquefaction, or collapse.

Landslides and Rockfalls
Landslides and rockfall can occur when unstable slope conditions are worsened by strong ground motion caused by seismic events. Conditions that lead to landslide vulnerability include high seismic potential; rapid uplift and erosion that creates steep slopes and deeply incised canyons; folded and highly fractured rock; and rock with silt or clay layers that are inherently weak. Landslides are not likely to occur within the region, since the areas of steep slopes, located in the southern part of the City, are Indian Wells General Plan Update
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primarily composed of strong bedrock. Additionally, according to the USGS U.S. Landslide Inventory and Interactive Map, there are no records of landslides within or near the City.

Lateral Spreading
Lateral spreading generally is a phenomenon where blocks of intact, non -liquefied soil move down slope on a liquefied substrate of large areal extent. The potential for lateral spreading is present where open banks and unsupported cut slopes provide a free face (unsupported vertical slope face). Ground shaking, especially when inducing liquefaction, may cause lateral spreading toward unsupported slopes.

Subsidence
Groundwater is an important water supply source in the Coachella Valley. The demand for water has exceeded the deliveries of imported surface water in the past, and groundwater levels have historically declined as a result of increased pumping.

Based on a review of the Riverside County Land Information System website, the City is situated in an area susceptible to ground subsidence due to the withdrawal of groundwater. The United Stated Geological Survey (USGS), with Coachella Valley Water District (CVWD), completed subsidence monitoring reports for the Coachella Valley in 2001 and 2007 showing subsidence rates in the Coachella Valley had been increasing rapidly.

Liquefaction
Liquefaction occurs when ground shaking of relatively long duration and intensity causes loose, unconsolidated soils to act like a liquid and lose strength. Liquefaction involves sudden loss of strength in a saturated, cohesionless soil (typically sand) which is the result of shock or strain, such as in an earthquake, causing the soil to behave like a liquid. Generally, liquefaction can occur if all of the following conditions apply: liquefaction -susceptible soil, groundwater within a depth of 50 feet or less, and strong seismic shaking. Future projects within the GPU Planning Area could be impacted by unstable soil conditions.

Collapse
Soil collapse occurs in recently deposited sediments that accumulated in an arid or semi -arid environment. Young alluvial and wind -deposited sediments in the City may be locally susceptible to soil collapse due to their low density, rapid deposition in the desert environment, and the generally dry condition of the upper soils. As previously stated, the soils at the Planning Area include interbedded Lacustrine and Alluvial Deposits (Q1/Qa). Future projects within the GPU Planning Area could be impacted by collapsable soils.

Flooding, Tsunami, and Seiche
Indian Wells is located far inland and not near any ocean body of water that would be susceptible to a tsunami. Additionally, the City is protected from upstream flooding by the Deep Canyon Stormwater Channel and the Coachella Valley Stormwater Channel. Aboveground water tanks, owned and Indian Wells General Plan Update
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operated by CVWD are located at the southeastern City boundary. Flooding and seiches could impact the GPU Planning Area.

Require development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design.

Review development proposals to ensure compliance with California Health and Safety Code Section 19100 et seq. (Earthquake Protection Law), which requires that buildings be designed to resist stresses produced by natural forces such as earthquakes and wind. Before approval, review development proposals to ensure compliance with the current federal, State, and local building standards. During review of discretionary development and redevelopment proposals, require surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate. When potential geologic impacts are identified, require project applicants Indian Wells General Plan Update
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to mitigate the impacts per the recommendations contained within the geologic survey.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Landslides and Rockfalls
Landslides are not likely to occur within the region, since the areas of steep slopes, located in the southern part of the City, are primarily composed of strong bedrock. Additionally, according to the USGS U.S. Landslide Inventory and Interactive Map, there are no records of landslides within or near the City. Nevertheless, rockfall hazards can occur in the mountains and foothills during a strong earthquake. Policy PS -4.1 requires that projects within the City use the most up to date land use planning, development engineering, building construction, and retrofitting standards. Policy PS -4.2 discourages the development of new sensitive uses and the construction of critical facilities, high - occupancy buildings, and essential services buildings, in area with high seismic or geologic hazards.

Policy PS -4.4 requires the use of the most current seismic hazards of the Uniform Building Code.

Action PS -4a requires the assessment and mitigation of hazards related to geologic hazards for new development projects or City improvement projects that are identified by the City as susceptible to potential seismic hazards or are located in or adjacent to hillsides. Require development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design. Action PS -4b requires professional inspection of geotechnical aspects, such as excavation earthwork, during site development construction on sites that have been specified in geotechnical studies as being prone to moderate or greater levels of seismic or geologic hazard. Additionally, Action PS -4c requires projects to be compliant with California Health and Safety Code Section 19100 et seq (Earthquake Protection Law), current federal, State, and local building standards. It also requires surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate.

Implementation of the General Plan Update applicable policies and actions would ensure no impacts would occur to new developments from landslides. Therefore, impacts to the City and its future development due to potential landslides and rock fall will be reduced to less than significant.

Lateral Spreading
Lateral spreading generally is a phenomenon where blocks of intact, non -liquefied soil move down slope on a liquefied substrate of large areal extent. Policy PS -4.1 requires that projects within the City use the most up to date land use planning, development engineering, building construction, and retrofitting standards. Policy PS -4.4 requires the use of the most current seismic hazards of the Uniform Building Code. Action PS -4a requires the assessment and mitigation of hazards related to geologic hazards for new development projects or City improvement projects that are identified by the City as susceptible to potential seismic hazards or are located in or adjacent to hillsides. Require Indian Wells General Plan Update
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development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design. Action PS -4b requires professional inspection of geotechnical aspects, such as excavation earthwork, during site development construction on sites that have been specified in geotechnical studies as being prone to moderate or greater levels of seismic or geologic hazard. Additionally, Action PS -4c requires projects to be compliant with California Health and Safety Code Section 19100 et seq (Earthquake Protection Law), current federal, State, and local building standards. It also requires surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate. The applicable City policies and actions would ensure that impacts relating to lateral spreading would be mitigated, and less than significant impacts could occur to future projects in the City.

Subsidence
Based on a review of the Riverside County Land Information System website, the City is situated in an area susceptible to ground subsidence due to the withdrawal of groundwater. The United Stated Geological Survey (USGS), with Coachella Valley Water District (CVWD), completed subsidence monitoring reports for the Coachella Valley in 2001 and 2007 showing subsidence rates in the Coachella Valley had been increasing rapidly.

According to the 2020 Coachella Valley Regional Urban Water Management Plan (RUWMP), CVWD and DWA jointly operate groundwater replenishment programs (GRPs) in the West Whitewater River Subbasin and Mission Creek Subbasin management areas, and CVWD operates a replenishment program in the East Whitewater River Subbasin area of benefit (AOB). These programs have had a significant beneficial effect on overdraft. To recover the cost of the GRP, a Replenishment Assessment Charge (RAC) is applied to all non -exempted groundwater production. These RACs are calculated and managed separately by each agency for each of the AOBs. In 2002, CVWD adopted the Coachella Valley Water Management Plan (CVWMP) to address groundwater overdraft and is working collaboratively with other agencies to implement that plan.

Additional programs focusing on conversion of groundwater pumpers to recycled and imported Coachella Canal water over the next ten years are intended to prevent future overdraft. During extended drought periods when State Water Project (SWP) Exchange water deliveries for replenishment are reduced, continued groundwater pumping could result in short-term overdraft.

Reduced replenishment could result in lower groundwater levels, which are expected to recover when normal supply conditions resume. Short-term reductions in replenishment due to droughts are not expected to affect long-term supply reliability. Therefore, valley -wide effort from water agencies to manage groundwater levels would ensure that ground subsidence would be at less than significant levels for future developments in the City.

Liquefaction
The Riverside County seismic -geologic map identifies no areas of potential liquefaction in the City of Indian Wells. The nearest areas of potential liquefaction encompass the eastern portions of La Quinta and Indio to the east of the Planning Area. Additionally, development would be required to have surveys of soil and geologic conditions (Action PS -4c) conducted where project specific liquefaction potential can be addressed and mitigated. Action PS -4c requires projects to be compliant with Indian Wells General Plan Update
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California Health and Safety Code Section 19100 et seq (Earthquake Protection Law), current federal, State, and local building standards. It also requires surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate. Implementation of the General Plan Update applicable policies and actions would ensure impacts related to liquefaction would be less than significant.

Collapse
Future projects in the City would be required to follow City policies and actions. The City of Indian Wells has established a comprehensive set of policies and actions to mitigate the risks associated with geologic and seismic hazards. Policy PS -4.1 emphasizes the importance of applying up-to-date land use planning, development engineering, building construction, and retrofitting requirements to reduce geologic hazard impacts. Policy PS -4.2 discourages the development of sensitive uses, such as critical facilities and high -occupancy buildings, in high seismic risk areas, promoting instead the use of these areas for landscaped open spaces. Additionally, Policy PS -4.4 ensures the maintenance of high seismic performance standards by adopting and enforcing the latest seismic standards in the Uniform Building Code.

To implement these policies, the City requires thorough hazard assessments and mitigation measures for new development projects and city improvements in geologically susceptible areas (Action PS -4a).

This includes specific design considerations to minimize hazards such as falling rocks in hillside areas.

Action PS -4b mandates professional inspections of geotechnical aspects during site development for sites prone to significant seismic hazards. Furthermore, Action PS -4c ensures compliance with the California Health and Safety Code's earthquake protection provisions and other relevant building standards. This includes requiring surveys of soil and geologic conditions by licensed professionals and mandating mitigation measures for identified geologic impacts before project approval. These measures collectively aim to safeguard public safety and infrastructure integrity against the risks of collapse due to geologic hazards. Less than significant impacts are expected.

Flooding, Tsunami, and Seiche
The City is protected from upstream flooding by the Deep Canyon Stormwater Channel and the Whitewater River (which transitions into the Coachella Valley Stormwater Channel). Future projects within the City of Indian Wells will design flood control infrastructure that will safely convey flooding away from future and existing development.

Indian Wells is not located near any ocean body of water that would be susceptible to a tsunami.

Therefore, the City will not be impacted by tsunamis. However, aboveground water tanks are located at the southeastern City boundary. The reservoirs are owned and operated by the CVWD. To ensure impacts of seismic events, and their secondary effects (including seiches), do not result in the failure of an aboveground water reservoir, construction requirements are established for the safe development and maintenance of the storage tanks. Structural requirements include the implementation of appropriate building materials, foundational standards, and loading factors. Impacts related to flooding, tsunami, and seiches in the City would be less than significant.

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Impact 4.7 d: The GPU could be located on expansive soil, creating substantial direct or indirect risks to life or property.

Varying amounts of fine-grained silts and clays within soils may shrink or swell as moisture content changes as described in the Environmental Setting section above. Indian Wells consists of mostly Quaternary alluvium, lake, dune sand, and Pleistocene nonmarine deposits, with Mesozoic granitic rocks along the Santa Rosa Mountains, which encompass the southern portion of the project area. The City is situated primarily upon soils that are characterized as gravelly sand. Therefore, expansive soils are not anticipated. Although expansive soils are not anticipated within the City, unfavorable soils conditions could be exposed during excavation or grading for future projects within the City.

Therefore, impacts could be significant.

Actions
PS -4a
PS -4b
Require assessment and mitigation of hazards related to geologic hazards for new development projects or City improvement projects that are identified by the City as susceptible to potential seismic hazards or are located in or adjacent to hillsides.

Require development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design.

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PS -4c
Review development proposals to ensure compliance with California Health and Safety Code Section 19100 et seq. (Earthquake Protection Law), which requires that buildings be designed to resist stresses produced by natural forces such as earthquakes and wind. Before approval, review development proposals to ensure compliance with the current federal, State, and local building standards. During review of discretionary development and redevelopment proposals, require surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate. When potential geologic impacts are identified, require project applicants to mitigate the impacts per the recommendations contained within the geologic survey.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted.

Rationale for Finding
Policy PS -4.1 requires that projects within the City use the most up to date land use planning, development engineering, building construction, and retrofitting standards. Policy PS -4.4 requires the use of the most current seismic hazards of the Uniform Building Code. Action PS -4a requires the assessment and mitigation of hazards related to geologic hazards for new development projects or City improvement projects that are identified by the City as susceptible to potential seismic hazards or are located in or adjacent to hillsides. Require development adjacent to hillside areas to minimize the potential hazard of falling rocks through project design. Action PS -4b requires professional inspection of geotechnical aspects, such as excavation earthwork, during site development construction on sites that have been specified in geotechnical studies as being prone to moderate or greater levels of seismic or geologic hazard. Additionally, Action PS -4c requires projects to be compliant with California Health and Safety Code Section 19100 et seq (Earthquake Protection Law), current federal, State, and local building standards. It also requires surveys of soil and geologic conditions by State licensed Engineering Geologists and Civil Engineers where appropriate. Therefore, impacts associated with expansive soils are considered less than significant with the implementation of the described policies and actions.

Impact 4.7 f: Construction of the GPU Planning Area could directly or indirectly destroy a unique paleontological resource, site, or unique geologic feature.

According to the cultural and paleontological resources study conducted by Duke CRM in June 2021, no paleontological resources have been documented within the City; however, geologic formations present in the City are known to contain paleontological localities with rare, well-preserved fossil materials that offer important information about the plant or animals and/or its evolutionary history.

Five formations (Qoa, Qof, Qye, Qya, and Qyf) have been determined to be highly sensitive for paleontological resources. These important resources are most often destroyed because of construction, such as excavation, trenching, and tunneling.

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Mitigation Measures
Policies and actions, as proposed by the GPU, will serve as mitigation to reduce potential impacts to less than significant levels. The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project. The measures as provided include any revisions incorporated in the Final EIR.

Policies
PS -4.1 Preservation. Protect areas containing significant historic, archaeological, paleontological and tribal cultural resources, as defined by the California Public Resources Code.

Actions
RM-4a Continue to assess development proposals for potential impacts to sensitive historic, archaeological, and paleontological resources pursuant to the California Environmental Quality Act (CEQA).

RM-4d
The City shall require an assessment of the potential for development proposals to significantly impact paleontological resources pursuant to the CEQA. If the project involves earthworks, the City may require a study conducted by a professional paleontologist to determine if paleontological assets are present, and if the project will significantly impact the resources. If significant impacts are identified, the City may require the project to be modified to avoid impacting the paleontological materials, require monitoring of rock units with high potential to contain significant nonrenewable paleontologic resources, or require mitigation measures to mitigate the impacts, such as recovering the paleontological resources for preservation.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg.

4.7-39)
Rationale for Finding
Impacts to paleontological resources can be mitigated through pre -construction and construction mitigation programs. The report also discussed that the northeastern portion of the City, below an elevation of 200 feet, has an undetermined potential for containing paleontological resources and that studies should be undertaken to determine the possibility of resources in these elevations. With the implementation of a project -specific paleontological study for new development, impacts associated with paleontological resources are considered less than significant. This is implemented by GPU Policy RM-4.1, which requires the protection of paleontological resources, and Actions RM-4a and RM-4d.

Action RM-4a requires that the City continue to assess development proposals for potential impacts to sensitive paleontological resources pursuant to the California Environmental Quality Act (CEQA).

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The City shall require an assessment of the potential for development proposals to significantly impact paleontological resources pursuant to the CEQA. If the project involves earthworks, the City may require a study conducted by a professional paleontologist to determine if paleontological assets are present, and if the project will significantly impact the resources. If significant impacts are identified, the City may require the project to be modified to avoid impacting the paleontological materials, require monitoring of rock units with high potential to contain significant nonrenewable paleontologic resources, or require mitigation measures to mitigate the impacts, such as recovering the paleontological resources for preservation. This is implemented by Action RM-4d.

5. Hazards and Hazardous Materials
Impact 4.9 c: Buildout of the GPU would not emit hazardous emissions or handle hazardous materials within one -quarter mile of an existing or proposed school.

The City of Indian Wells is served by the Desert Sands Unified School District (DSUSD), which operates 32 schools (see Table 4.9-4 in the Draft EIR). The only school within the City of Indian Wells Planning Area is Gerald R. Ford Elementary School, at 44210 Warner Trail.

Construction access to and activities on future development within the City could result in the exposure of hazardous materials near the existing school. However, construction materials would be properly stored in an approved location. Implementation of the Storm Water Pollution Prevention Plan (SWPPP) during construction activities, and if required by code, will ensure that hazardous materials and waste are handled per manufacturer's instruction so that they are not released into the environment in a manner that results in impacts to the surrounding uses.

The GPU Land Use Element includes land use designations, but does not propose actual development or proposed businesses. As such, it is not possible to determine if a specific use will result in hazardous emissions or require handling of hazardous or acutely hazardous materials, substances or waste. The land use designations with the highest possibility of having businesses that result in hazardous emissions or require handling of hazardous or acutely hazardous materials, substances, or waste would be commercial, and light industrial uses. The GPU does not propose industrial or light industrial uses within the City. However, commercial uses are proposed in the vacant areas north of Highway 111 and north and south (east and west where applicable) of Miles Avenue. Developable land north of Miles Avenue could introduce commercial uses within at least 750 feet of an existing school. Commercial uses may use a variety of hazardous materials commonly found in urban areas including paints, cleaners, and cleaning solvents. If handled consistent with the standards established by the manufacturer, these materials do not pose a significant risk. The commercial and resort uses generally provide for a variety of retail, professional office, medical, and service -oriented business activities that are compatible with the urban environment.

The GPU is not anticipated to directly lead to the establishment of new businesses that would emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste because the GPU does not approve any specific development project. However, given the unknown nature of future business establishments within the commercial use areas, the potential for hazardous materials is present. This is considered a potentially significant impact, which would be mitigated to a less than Indian Wells General Plan Update
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significant level through the implementation of the policies and actions listed below. In addition to the policies and actions, all businesses dealing with hazardous materials would be required to be handled in accordance with federal, State, and County requirements, which would limit the potential for a project to expose nearby uses, including schools, to hazardous emissions or an accidental release.

Hazardous emissions are monitored by the SCAQNID, RWQCB, DTSC, and the local CUPA. In the event of a hazardous materials spill or release, notification and cleanup operations would be performed in compliance with applicable Federal, State, and local regulations and policies, including hazardous mitigation plans.

Future development within the GPU would be required to comply with applicable federal, State, and local regulations to ensure impacts are less than significant. The GPU enforces these regulations with the policies and actions listed below. Impacts to schools are less than significant.

Policies
PS -5.1 Hazardous Ordinances. Enforce existing Federal, State, and local ordinances regulating the use, manufacture, sale, transport, treatment, storage, and disposal of hazardous substances.

PS -5.2 Regional Consistency. Utilize the Riverside Countywide Integrated Waste Management Plan to ensure that local regulation and practices are consistent with the policy direction and action programs that the County recommends.

PS -5.3 Multi -Jurisdictional Coordination. Work with RCFD and other responding agencies to ensure that emergency personnel respond safely and effectively to a hazardous materials incident in the City.

PS -5.4 Public -Private Coordination. Require that developers coordinate with the Riverside County Department of Environmental Health to confirm that hazardous waste cleanup sites located within the City are remediated by the property owner in a manner that keeps the public safe.

PS -5.5 Hazardous Waste. Promote the proper disposal of hazardous waste, including paint, tires, medications, medical sharps, infectious waste, asbestos waste, construction waste, and electronic waste, through education, monitoring, and enforcement of proper use, storage, handling, and disposal.

PS -5.6 Household Hazardous Waste Disposal. Support the sitting waste and recycling service provider to continue the free Household Hazardous Waste (HHW) pick-up program for residents. Coordinate with the City's waste service provider and the Indian Wells General Plan Update
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County of Riverside to increase public awareness about proper disposal related to household hazardous waste; inform the Indian Wells community regarding relevant services and programs to address issues related to hazardous waste and materials; and discourage household storage of hazardous materials.

Actions
PS -5b
Review development proposals to ensure the proximity between users and transporters of substantial hazardous materials and sensitive uses, such as schools and residential neighborhoods, remains at or above safe and acceptable levels, regardless of growth and new development.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg.

4.9-24)
Rationale for Finding
As stated above, the GPU established policies and actions to support and enforce the existing federal, State, and local regulations regulating hazardous materials. Policies PS -5.1 and PS -5.2 require that future developments comply with federal, State, and local ordinances regulating the use, manufacture, sale, transport, treatment, storage, and disposal of hazardous substances, and utilize the Riverside Countywide Integrated Waste Management Plan. Policy PS -5.3 encourages coordination with RCFD and local response agencies to ensure effective emergency response during a hazardous materials incident, should one occur. Policy PS -5.4 requires that developers coordinate with the Riverside County Department of Environmental Health to confirm hazardous waste cleanup sites located within the City are remediated. Policies PS -5.5 and PS -5.6 provide guidance for the disposal of hazardous waste, including household hazardous waste. Finaly, as required in Action PS -5b, the City shall review development proposals in proximity to sensitive uses (i.e., schools, residential neighborhoods, etc.).

Future projects proposed within the City will be required to comply with Policies PS -5.1 through PS -

5.6 and the associated actions to ensure that the future developments would not emit hazardous emissions or handle hazardous materials within one -quarter mile of an existing or proposed school.

Impacts will be less than significant.

6. Noise
Impact 4.12 a: The GPU could generate a substantial temporary or permanent increase in ambient noise.

The GPU Planning Area is largely developed with residential, commercial, and resort uses. New development within the GPU Planning Area would occur in vacant and infill parcels within the City, primarily located north of Highway 111 and north and south (and east and west in some areas) of Miles Indian Wells General Plan Update
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Avenue. Noise throughout the City would be generated via short-term construction activities, and long-term operational activities. Vehicle traffic is also a factor of noise throughout the City.

Construction Noise
The amount, or degree, of construction -related noise at a project site may vary depending on the location of the construction activities, as well as the construction stage occurring. Noise levels associated with the construction will vary with the different phases of construction. Per Section

9.06.047 of the City of Indian Wells Municipal Code, construction shall only occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday, and 8:00 a.m. and 5:00 p.m. on Saturdays.

Construction noise is exempt from the noise ordinance during those times per Section 9.06.041(e) with the use of construction mufflers. Construction is not permitted on Sundays or national holidays.

Construction noise can vary from 68 dBA to 95 dBA at 50 feet depending on the equipment used (see Table 4.12-14 in the Draft EIR). However, construction noise levels diminish rapidly with distance from the construction site at a rate of 6 dBA per doubling of distance. For example, a noise level of 86 dBA measured 50 feet from the noise source would reduce to 80 dBA at 100 feet. At 200 feet from the noise source, the noise level would reduce to 74 dBA. At 400 feet, the noise source would reduce by another 6 dBA to 68 dBA.

Construction Traffic
Individual projects within the scope of the Planning Area would result in two types of short-term construction noise impacts. First, the construction crew commute and the transport of construction equipment and materials to the site for a future project within the City would incrementally increase noise levels on access roads leading to the site. Per City Municipal Code Section 9.06.047, truck traffic associated with construction should be limited to within the permitted construction hours.

On -Site Construction Activities
The site preparation phase, which includes grading and paving, tends to generate the highest noise levels since the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery such as backhoes, bulldozers, and front loaders. Earthmoving and compacting equipment includes compactors, scrapers, and graders. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 or 4 minutes at lower power settings. Site -specific construction activities associated with future development are expected to require the use of scrapers, bulldozers, motor graders, and water and pickup trucks. The maximum noise level generated by each scraper is assumed to be approximately 87 dBA Lmax at 50 feet from the scraper in operation. Each bulldozer would also generate approximately 85 dBA Lmax at 50 feet. The maximum noise level generated by the sound sources with equal strength increases the noise level by 3 dBA. Noise reduction potential will be project and site -specific.

Construction noise would be an impact if construction occurred outside of the hours outlined in Section 9.06.047 of the Indian Wells Municipal Code.

Operational Noise
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Operational noise occurs during operation of the GPU, including future operation of the vacant and infill parcels within the City. Operational noise includes stationary noise and traffic noise.

Transportation Noise
The primary noise source in the Planning Area will continue to be vehicle traffic. By the year 2045, existing land uses within 50 -feet of the studied roadways (except for Fairway Drive) will be exposed to noise levels that exceed the City's exterior standards of 65 dBA CNEL for noise -sensitive uses. A significant impact would occur if the GPU resulted in levels higher than 65 dBA CNEL at sensitive uses and increased the overall roadway noise level by 3 dBA CNEL, which is a noticeable change in noise level. Compared to existing traffic noise levels, 2045 without Project traffic volumes are expected to be increased to a maximum of 1.7 dBA CNEL louder (at Miles Avenue between Warner Trail and Washington Street) than existing ambient noise levels at existing land uses and will result in inaudible increases in ambient noise along the analyzed roadways (see Table 4.12-17). Note that Miles Avenue from Warner Trail to Washington Street does not have any adjacent noise -sensitive uses.

Stationary Noise
Implementation of the GPU could result in the future development of land uses that generate noise levels in excess of applicable City noise standards for non -transportation noise sources. While the GPU does not explicitly propose any new noise -generating uses, implementation of the GPU would allow for the development of mixed -uses, increased residential development at higher densities, and new commercial development, which may result in new noise sources. Specific development projects and the details of future noise -generating land uses that may be located in the Planning Area in the future are not known at this time. While no specific projects are proposed under the GPU, changes in land use may allow for more intensive noise -generating uses in closer proximity to noise -sensitive uses.

Stationary noise will be significant if it exceeds the levels outlined in the Indian Wells Municipal Code.

Policies
PS -6.1 Noise Exposure. Consider the noise compatibility of existing and future development when making land use planning decisions. Require development and infrastructure projects to be consistent with the noise standards in this element and the Indian Wells Municipal Code to facilitate acceptable noise exposure levels for existing and future development.

PS -6.2 Noise Mitigation. Require new developments or the expansion of existing developments to mitigate excessive noise through best practices, including building location and orientation, building design features, placement of noise -generating Indian Wells General Plan Update
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equipment away from sensitive receptors, shielding of noise -generating equipment, placement of noise -tolerant features between noise sources and sensitive receptors, and use of noise -minimizing materials, to reduce noise levels at sensitive uses, including residential uses, to 65 dB CNEL or less in outdoor activity areas and 45 dB CNEL or less in interior living spaces.

PS -6.3 Acoustical Studies. Require acoustical studies for new discretionary developments and transportation improvements that have the potential to affect existing noise - sensitive uses such as schools, hospitals, libraries, care facilities, and residential areas; and for projects that would introduce new noise -sensitive uses into an area where existing noise levels may exceed the thresholds identified in this element. For projects that are required to prepare an acoustical study, the study shall include mitigation measures to attain the noise standards in this element and the City's Noise Ordinance.

PS -6.4 Roadway Noise. Encourage the development of alternative travel options including bus transit, and bicycle, golf cart, and pedestrian paths to minimize single -occupancy vehicle trips and the implementation of noise sensitivity measures in the public realm, including traffic -calming road design, lateral separation, natural buffers, and setback to decrease excessive motor vehicle noise.

PS -6.5 Commercial Noise. Require the use of noise attenuation measures, including screening and buffering techniques, for all new or expansion of existing commercial developments expected to produce excess noise; in existing cases where the City's noise standards are exceeded, work with Code Enforcement to require compliance.

PS -6.6 Short -Term Noise. Require construction activities and other short-term noise events (i.e., concerts, sporting events) to reduce noise impacts on adjacent uses and comply with the City's Noise Ordinance.

PS -6.7 Vibration Studies. Require vibration impact studies for new discretionary development and transportation improvements whose construction utilizes pile drivers within 200 feet of existing buildings or vibratory rollers within 50 feet of existing buildings.

PS -6.8 California Building Code. Adhere to the latest standards related to noise in the most current edition of the California Building Code to avoid or minimize noise pollution in the community.

PS -6.9 Interjurisdictional and Multiagency Coordination. Coordinate with neighboring jurisdictions and transportation providers such as Caltrans, Coachella Valley Association of Governments (CVAG), and Riverside County Transportation Commission (RCTC) to minimize noise conflicts between land uses along the City's boundaries.

Actions
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PS -6a
PS -6b
PS -6c
Review new development and transportation projects for compliance with the noise requirements established in this General Plan, including the standards established in the Indian Wells Municipal Code. Where necessary, require new development to mitigate excessive noise through best practices, including building location and orientation, building design features, placement of noise -generating equipment away from sensitive receptors, shielding of noise -generating equipment, placement of noise -tolerant features between noise sources and sensitive receptors, and use of noise -minimizing materials such as rubberized asphalt.

Require acoustical studies for all new discretionary projects, including those related to development and transportation, which have the potential to generate noise impacts which exceed the standards identified in this element. The studies shall include representative noise measurements, estimates of existing and projected noise levels, and mitigation measures necessary to ensure compliance with this element and the City's Noise Ordinance.

Actively enforce the standards identified in the City's Noise Ordinance in order to reduce impacts to the extent feasible. Update and amend the Noise Ordinance as appropriate.

PS -6d Coordinate with CVAG to reduce the speed limit on State Highway 111, in concert with synchronized intersections, to reduce noise levels along the corridor.

PS -6e Implement provisions of the Highway 111 Specific Plan which establishes special noise attenuation standards to maintain the corridor's quiet residential character. A minimum 50 -foot landscaped parkway in residential areas shall be required along both sides of the corridor, which will be augmented by walls, berms, and other structures which will attenuate ambient noise levels.

PS -6f
Prohibit residential development in areas of greater than 65 Community Noise Equivalent Level (CNEL) unless effective mitigation measures can be incorporated into the project design to reduce noise levels to 65 CNEL in outdoor activity areas and 45 CNEL in indoor areas.

PS -6g Truck traffic shall be limited to specific routes and designated hours of travel, as defined by the City Planning and Engineering Departments.

PS -6h Use cul-de-sacs in new residential developments to discourage through traffic in residential neighborhoods.

PS -6i Review the locations of proposed projects with the potential to generate stationary noise in relation to sensitive receptors through the discretionary project review process. Require that automobile and truck access to commercial properties be located adjacent to residential parcels be located at the maximum practical distance from the residential parcel.

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PS -6j
PS -6k
Finding
Require vibration impact studies for all new discretionary projects, including those related to development and transportation, whose construction utilizes pile drivers within 200 feet of existing buildings or vibratory rollers within 50 feet of existing buildings. The studies shall include a detailed mitigation plan to avoid any potential significant impacts to existing structures due to groundborne vibrations, based on the California Department of Transportation's Construction Vibration Guidance Manual.

Monitor changes in the California Building Code and other federal and State laws and regulations related to noise and incorporate necessary changes into the Municipal Code and building codes as required.

4.12-27)
Rationale for Finding
Construction Noise
As stated above, construction noise is restricted to the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday, and 8:00 a.m. and 5:00 p.m. on Saturdays per Section 9.06.047 of the City of Indian Wells Municipal Code. Construction is not permitted on Sundays or national holidays.

Construction Traffic
Construction crew commute and the transport of construction equipment and materials to the site for a future project within the City would incrementally increase noise levels on access roads leading to the site. Per City Municipal Code Section 9.06.047, truck traffic associated with construction should be limited to within the permitted construction hours. This is also required by Action PS -6g in the GPU.

Although there would be a relatively high single -event noise exposure potential at a maximum of 87 dBA Lmax at 50 feet from passing trucks, causing possible short-term intermittent annoyances, the effect on ambient noise levels would be less than 1 dBA when averaged over one hour or 24 hours. In other words, the changes in noise levels over 1 hour or 24 hours attributable to passing trucks would not be perceptible to the normal human ear. The impact is less than significant with the implementation of Sections 9.06.041(e) and 9.06.047 of the Municipal Code and GPU Action PS -6g.

On -Site Construction Activities
The site preparation phase, which includes grading and paving, tends to generate the highest noise levels since the noisiest construction equipment is earthmoving equipment. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 or 4 minutes at lower power settings. Site -specific construction activities associated with future development are expected to require the use of scrapers, bulldozers, motor graders, and water and Indian Wells General Plan Update
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pickup trucks. The maximum noise level generated by each scraper is assumed to be approximately 87 dBA Lmax at 50 feet from the scraper in operation. Each bulldozer would also generate approximately 85 dBA Lmax at 50 feet. The maximum noise level generated by the sound sources with equal strength increases the noise level by 3 dBA. Noise reduction potential will be project and site -specific.

Construction noise would be an impact if construction occurred outside of the hours outlined in Section 9.06.047 of the Indian Wells Municipal Code. This is also required by GPU Policy 6-6. Potential impacts would be site -specific, depending on the equipment used and distances to sensitive receptors.

The impact is less than significant with the implementation of Section 9.06.047 of the Municipal Code and GPU Policy PS -6.6.

Operational Noise
Transportation Noise
2045 with Project traffic volumes are expected to increase to a maximum of 1.7 dBA CNEL louder than existing ambient noise levels at existing land uses and will result in inaudible increases in ambient noise. Implementation of the GPU will, therefore, result in a less than significant impact to roadway noise levels.

Where proposed land uses are expected to be exposed to noise levels that exceed the land use compatibility criteria in Figure 4.12-3, Existing Noise and Land Use Compatibility, (in the Draft EIR) and 65 dBA CNEL residential limit outlined in the GPU, impacts can be mitigated to a level that is less than significant with the implementation of noise control measures, such as relocating residential outdoor recreational areas away from 65 dBA CNEL or greater areas or shielding outdoor areas using noise barriers. This is implemented by GPU Policy PS -6.2 and Action PS -6a and 6k. Per the existing General Plan, future residential or noise -sensitive development associated with implementation of the proposed GPU requires a noise study and mitigation implemented if exterior noise levels exceed 65 dBA CNEL. This is implemented by GPU Policy PS -6.1 and Actions PS -6a, PS -6b, PS -6e, and PS -6f.

For residential developments, the study must ensure that interior levels in livable areas do not exceed 45 dBA CNEL, as implemented by GPU Policy PS -6.3 and Actions PS -6a, PS -6b, and PS -6f. The impact is less than significant with the proposed GPU policies and actions listed above.

In addition to the policies and actions listed above, the City will encourage the development of alternative travel options (including bus, bicycle, golf car, and pedestrian) to minimize single -occupancy vehicle trips and the implementation of noise sensitivity measures in the public realm. Noise sensitivity measures include traffic -calming road design, lateral separation, natural buffers, synchronized intersections, the identification of specific truck routes, and setback to decrease excessive motor vehicle noise, as implemented by GPU Policy PS -6.4 and Actions PS -6d, PS -6-e, and PS -6g.

Stationary Noise
Implementation of the GPU could result in the future development of land uses that generate noise levels in excess of applicable City noise standards for non -transportation noise sources. While the GPU does not explicitly propose any new noise -generating uses, implementation of the GPU would allow for the development of mixed -uses, increased residential development at higher densities, and new commercial development, which may result in new noise sources. Additionally, changes in land use Indian Wells General Plan Update
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may allow for more intensive noise -generating uses in closer proximity to noise -sensitive uses. Where this occurs, detailed noise studies would be required to ensure that noise control measures are implemented into the project design (GPU Policy PS -6.3 and Action PS -6b). Such measures could include the redesign of stationary noise sources away from sensitive uses, construction of sound walls or berms between noise generating uses and sensitive uses, using buildings to create additional buffer distance and screening, or other site design measures to ensure that non -transportation (stationary) noise sources do not cause exterior and interior noise levels to exceed allowable standards at sensitive receptors, as implemented by Policy PS -6.1, PS -6.2, and PS -6.8 and Actions PS -6a, PS -6b, PS -6c, PS - 6f, PS -6h, PS -6i and PS -6k. Commercial uses would also implement noise attenuation measures, as required by Policy PS -6.5. The impact is less than significant with the implementation of the Indian Wells Noise Ordinance and the proposed GPU Policies PS -6.1, PS -6.2, PS -6.3, PS -6.5, PS -6.8 and Actions PS -6a, PS -6b, PS -6c, PS -6f, PS -6h, PS -6i, and PS -6k.

Stationary noise will be significant if it exceeds the levels outlined in the Indian Wells Municipal Code.

Implementation of the project may result in stationary noise impacts from future uses. Implementation of effective land use planning and policies and actions can minimize noise impacts related to these sources by avoiding the placement of noise generating equipment near noise -sensitive land uses and where unavoidable, include design measures to the degree practical to avoid violating the noise criteria.

Stationary noise impacts can be mitigated to "less than significant" with implementation of Indian Wells Noise Ordinance and the proposed GPU policies and actions listed above.

Impact 4.12 b: The GPU could generate excessive ground -borne vibration or ground -borne noise levels
The main sources of vibration in the project area are related to vehicles and construction. Typical roadway traffic, including heavy trucks, could generate vibration amplitudes high enough to cause structural or cosmetic damage, however, this is rare.

Construction activities that produce vibration that can be felt by adjacent land uses include the use of vibratory equipment, large bulldozers, and pile drivers. The primary sources of vibration during construction are usually vibratory rollers and large bulldozers. A vibratory roller has a peak particle velocity (inches/second) of 0.21, and a large bulldozer has a peak particle velocity of 0.089 (inches per second) at 25 feet (see Table 4.12-18 in the Draft EIR). The use of pile -driving equipment can generate a peak particle velocity of 1.5 (inches per second) depending on the size and model.

Policies
PS -6.7 Vibration Studies. Require vibration impact studies for new discretionary development and transportation improvements whose construction utilizes pile Indian Wells General Plan Update
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drivers within 200 feet of existing buildings or vibratory rollers within 50 feet of existing buildings.

Actions
PS -6j
Require vibration impact studies for all new discretionary projects, including those related to development and transportation, whose construction utilizes pile drivers within 200 feet of existing buildings or vibratory rollers within 50 feet of existing buildings. The studies shall include a detailed mitigation plan to avoid any potential significant impacts to existing structures due to groundborne vibrations, based on the California Department of Transportation's Construction Vibration Guidance Manual.

Finding
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the policies and actions above. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg.

4.12-40)
Rationale for Finding
The main sources of vibration in the project area are related to vehicles and construction. Heavy trucks traveling over potholes or other discontinuities in the pavement have caused vibration high enough to result in complaints from nearby residents. However, these types of issues typically can be resolved by smoothing the roadway surface. Therefore, implementation of the GPU would not result in excessive groundborne vibration or groundborne noise levels during operation of the GPU.

Construction activities that produce vibration that can be felt by adjacent land uses include the use of vibratory equipment, large bulldozers, and pile drivers. The California Department of Transportation has published one of the seminal works for the analysis of ground -borne noise and vibration relating to transportation- and construction -induced vibrations and, although the GPU is not subject to these regulations, it serves as a useful tool to evaluate vibration impacts (California Department of Transportation, 2013). Construction activities in the Planning Area have the potential to result in significant impacts related to groundborne vibration associated with construction activities. These impacts would be determined to be less than significant by requiring vibration impact studies (and mitigation plan if necessary) when construction utilizes pile drivers within 200 feet of existing buildings or vibratory rollers within 50 feet of existing buildings as required in proposed GPU Policy PS -6.7 and Action PS -6j.

Construction vibration within the Planning Area is not anticipated to be significant unless an individual development uses pile driving or vibratory rollers. These impacts can be avoided by requiring vibration impact studies (and appropriate mitigation if necessary) when construction uti izes pile drivers within 200 feet of existing buildings or vibratory rollers within 50 feet of existing buildings. This impact would be less than significant with the implementation of GPU Policy PS -6.7 and Action PS -6j.

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E. SIGNIFICANT AND UNAVOIDABLE SIGNIFICANT IMPACTS THAT CANNOT

BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE
The following summary describes the unavoidable adverse impact of the Proposed Project where either mitigation measures were found to be infeasible. The following impact would remain significant and unavoidable.

1. Agriculture and Forestry Resources
Impact 4.2 a&e: The GPU would convert 43 acres of California Resource Agency designated Prime Farmland to resort commercial land use.

According to the Riverside County Eastern Coachella Valley Area Plan, agriculture remains a vital part of the county. Much of the Eastern Coachella Valley, which surrounds the Salton Sea to the west and extends north toward the City of Coachella, is dedicated to agriculture. This region is one of California's key agricultural areas, producing date palms, grapes, citrus, and seasonal row crops.

The City of Indian Wells has evolved from an agricultural and open desert area into a vibrant residential community. Currently, approximately 43 acres of Prime Farmland are located at the southwest corner of Miles Avenue and Washington Street. This land, used as a sod farm and a parking lot for nearby events, was undeveloped desert land in 1996 according to aerial imagery. By 2002, it had been partially converted to agricultural use, and by 2012, the adjacent undeveloped desert land was also planted with sod.

In 2024, the land surrounding the sod farm includes sod (categorized as Other Land by the California Department of Conservation) to the west and north, residential development and desert land to the north, commercial areas to the east, and the Whitewater River Stormwater Channel to the south. Most of the land in the City, excluding the Santa Rosa Mountains, has been developed. The sod farm is zoned for commercial use, indicating the City anticipates its development.

The GPU does not propose changes to the land use designation or zoning for the 43 -acre site, which is currently designated for resort commercial uses. Although the City's General Plan supports the continued agricultural use of land until new development is proposed, as outlined in Policy CD -1.9, the GPU does not include preservation of Prime Farmland as a priority. The City does not have any land designated or zoned for agricultural or farm uses, and the conversion of Prime Farmland to non- agricultural uses is anticipated as part of the City's long-term vision, in alignment with the existing General Plan land use designations and zoning.

While the continued use of this land as a sod farm may persist for some time, future development, in line with the General Plan's vision and economic changes, is likely to result in the conversion of this Prime Farmland to non-agricultural uses. The loss of this farmland, although not a direct consequence of the GPU itself, remains a significant and unavoidable impact. The City's General Plan, including Policy CD -1.9, supports agricultural activities under existing conditions, but the GPU does not introduce any measures that would prevent the conversion of this Prime Farmland.

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The loss of 43 acres of Prime Farmland is unlikely to significantly affect agricultural production in the wider Coachella Valley. According to a June 2023 article by the Coachella Valley Economic Partnership, Agriculture in the Coachella Valley, approximately 41,000 acres remain under cultivation, with 2,058 acres used for pasture, livestock feed, or grasses. Since the GPU does not require the preservation of Prime Farmland, its implementation could indirectly result in the conversion of this land to non- agricultural uses. Given the City's existing zoning and land use patterns, and the objectives of the General Plan, mitigation measures such as the preservation of farmland are considered infeasible, as they would conflict with other key objectives of the GPU, such as supporting residential, commercial, and recreational development. As a result, the conversion of Prime Farmland is concluded to be a significant and unavoidable impact.

Mitigation Measures
In compliance with CEQA, "each public agency shall mitigate or avoid the significant effects on the environment of any project it carries out or approves whenever it is feasible to do so" (Public Resources Code, Section 21002.1[b]). The term "feasible" is defined in CEQA to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors" (Public Resources Code, Section 21061.1).

For loss of Farmland, it is the policy of Indian Wells to mitigate impacts within the City boundaries because this is the area the City has direct jurisdictional control over. In accordance with this policy, the City has determined there is no suitable replacement acreage within the City and there are no feasible mitigation measures that would reduce the Proposed Project's significant impacts regarding agricultural conversion to levels that would be less than significant. The following policy is included in the GPU to reduce impacts to agricultural land.

Policies
CD -1.9 Agricultural Uses. Allow and support the continuation of agricultural operations on lands within the City limits that are designated for development uses, until such time as new development is proposed for the land.

The following mitigation measures to reduce the impacts on agriculture have been considered; however, none of the measures would feasibly be able to reduce the significant impacts to levels less than significant:
• Retention of Onsite Agricultural Uses. This measure would allow, create, or maintain islands of agricultural uses within an urbanized setting, exacerbating potential land use conflicts and land use incompatibilities. However, the GPU land use plan does not establish or maintain any "Agricultural" Land Use designations within the City. Thus, it is assumed that the existing agriculture use is temporary, and the adoption of the Proposed GPU would not allow for the permanent retention of agricultural uses once development is proposed. The "Retention of Onsite Agricultural Uses" mitigation strategy would therefore conflict with proposed land use plan and would require amendments to the land use plan. Furthermore, the mitigation strategy would conflict with SCAG's Regional Transportation Plan/Sustainable Communities Strategy (known as Connect SoCal) which prioritizes the development of land within the City's existing Spheres of Indian Wells General Plan Update
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Influence to avoid further sprawl and conversion of agricultural land. Based on the preceding, retention of onsite agricultural uses is considered infeasible. • Replacement of Agricultural Resources Offsite. Replacement of agricultural resources at an offsite location would require the City to purchase offsite replacement acreage not designated as Farmland and improve or restore it to Farmland status. Creation of additional Farmland in the City is contrary to the GPU land use plan policies and vision as summarized previously and would require comprehensive amendment of the Policy Plan, which would in turn conflict with Connect SoCal. Using another area within Ontario Ranch for mitigation of impacts related to the Proposed Project would result in the same issues as previously described in consideration of onsite mitigation. Therefore, there is no suitable replacement acreage within the City to mitigate for loss of Farmland. It is also speculative as to whether replacement of agricultural resources offsite meets the additional requirements of CEQA. Furthermore, it is the policy of Indian Wells to mitigate impacts within the City boundaries because this is the area the City has direct jurisdictional control over. Additionally, the "Replacement of Agricultural Resources Offsite" mitigation strategy would likely result in potentially adverse environmental impacts including, but not limited to, impacts to biological resources, hydrology/water quality, air quality, greenhouse gas emissions, and land use and planning. In this regard, the mitigation strategy would likely result in increased, rather than diminished environmental impacts. Based on the preceding, replacement of agricultural resources at offsite locations is considered infeasible.

The City has considered but rejected the collection of fees for offsite mitigation of agricultural impacts. Neither the City nor the adjoining counties have adopted fee programs. Absent viable programs in the region, the imposition of fees would not serve to mitigate the impacts of the Proposed Project. Furthermore, an offsite fee mitigation program would not avoid the loss of farmland; would not minimize the effect of the Proposed Project; would not repair, rehabilitate, or restore the affected farmland; and, absent a viable fee program, would not replace affected farmland with substitute farmland. Thus, such a program would not actually mitigate or substantially lessen the significant impact of the Proposed GPU.

Overall, no feasible mitigation measures have been identified, which would substantially lessen the Proposed GPU's significant impacts related to the loss of Prime Farmland and conversion of farmland to nonagricultural use. There are no feasible mitigation measures to reduce impacts on Prime Farmland or the conversion of agricultural land to nonagricultural uses, and thus impacts would be significant and unavoidable. (Draft EIR pg. 4.2-6)
Finding
The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological, or other factors, that would mitigate this impact to a less -than - significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code Section 21081(a)(1), (3); Guidelines Section 15091(a)(1), (3)).

As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, Indian Wells General Plan Update
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including regionwide or statewide environmental benefits, of the Proposed Project outweigh its significant effects on the environment.

2. Transportation
Impact 4.16 b: The GPU would generate a substantial increase in VMT.

As stated on page 4.16-29 of the PDEIR, future conditions with the implementation of the GPU would result in a decreased vehicle miles traveled (VMT) per employee and VMT per capita in comparison to 2024 Baseline conditions analyzed in the Traffic Analysis (TA). The VMT per capita and VMT per employee in the 2045 No Project (existing conditions) and 2045 Project (GPU buildout) scenarios are the same, because the population and employment numbers are expected to remain the same in both scenarios. The impact threshold for residential VMT would be exceeded for the GPU. The impact threshold for office VMT would not be exceeded for the GPU.

As stated on page 4.16-29 of the PDEIR, the impact threshold for office VMT, which is 30.1 (15 percent below Coachella Valley Association of Governments (CVAG) base year value) would not be exceeded for the GPU. However, the impact threshold for residential VMT, which is 14.0 (15 percent below CVAG 2024 base year value), would be exceeded for the project.

Future conditions with the project (2045 Proposed General Plan Update) would result in decreased VMT per employee and VMT per capita in comparison to 2024 baseline conditions (existing conditions). In other words, the project results in less VMT per capita and VMT per employee, as it provides a more efficient distribution of land uses that promotes less trips and shorter distances. The total VMT would increase compared to existing conditions because the project accommodates more employment and population. The reductions from the 2024 to the future year indicate that future development, in particular planned mixed -use development, will provide more opportunities for Indian Wells residents and employees to access jobs and services within shorter distances. The shorter trip distances reduce VMT by vehicles, and also increase the likelihood that trips will be made by non -auto modes such as bicycling and walking. Improved transit service and accessibility to transit also help to reduce VMT even as travel activity increases.

However, the impact thresholds are based on a comparison against 15 percent below the CVAG region. Since the City of Indian Wells has not adopted VMT thresholds or published guidelines for transportation studies, this analysis relies on the Office of Planning and Research (OPR) technical advisory. The OPR recommends thresholds of 15 percent below existing VMT per capita for residential projects and VMT per employee for office projects. Given that the GPU implementation extends to 2045, it's appropriate to assess VMT impacts for that horizon year.

The impact threshold for residential VMT would be exceeded for the project, as the VMT per capita of 22.6 exceeds the 14.0 threshold. The impact threshold for office VMT would not be exceeded. The GPU is expected to reduce VMT per capita and per employee compared to 2024, promoting a more efficient distribution of land uses and shorter trip distances. Despite the total VMT increase due to higher employment and population, the shorter distances and improved transit options would likely reduce VMT per capita.

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The GPU proposes policies to expand transit, bicycle, pedestrian, and complete street networks and implement transportation demand management strategies, which could reduce VMT further. However, the effectiveness of these policies is uncertain. As stated above, the GPU VMT per capita of 22.6 (refer to Table 4.16-10 in the PDEIR) exceeds the 14.0 threshold, resulting in a significant impact according to CEQA Guidelines Section 15064.3(b). Meeting this threshold would require a 40 percent reduction in VMT per capita, which is not feasible. Therefore, with respect to consistency with CEQA Guidelines Section 15064.3, subdivision (b), the VMT impact of the project related to VMT/capita would be significant and unavoidable.

Mitigation Measures
The following mitigation measures were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.

Policies
M-1.1 Development -Related Traffic Impacts. Require all new development and expansion of existing development to offset their adverse effects on the circulation system and mitigate Vehicle Miles Traveled (VMT) impacts.

M-1.2 LOS Standards. Strive to maintain a minimum Level of Service (LOS) "D" at intersections during the weekday peak hours.

M-1.3 Traffic Distribution. Maintain a street system that helps to facilitate the distribution of traffic throughout the City and minimizes congestion, including during special events.

M-1.4 Efficient Circulation. Support traffic control measures which reduce noise and air quality impacts and are consistent with traffic engineering guidelines; such measures could include continue to support traffic signal coordination programs like the Coachella Valley Sync program, adding left -turn lanes at intersections, incorporating right -turn only access at selected locations, and continue to maintain streets surfaces in good operating condition.

M-1.5 Transportation Management System. Make use of effective transportation system management techniques such as signal coorc ination. Any new development is required to join the City's existing Transportation Management System.

M-1.6 Intersection Configurations. Consider the use of non-traditional intersections such as roundabouts and traffic circles, where appropriate, safe, and feasible.

M-1.7 Minimize Environmental Impacts. Manage the circulation system to minimize congestion and improve flow and air quality.

M-1.8 Local and Regional Collaboration. Coordinate with other government entities in implementation of the City's Circulation Plan and Coachella Valley -wide circulation improvements. Entities include Caltrans, Coachella Valley Association of Indian Wells General Plan Update
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Governments (CVAG), LAFCO, Southern California Association of Governments (SCAG), Riverside County Transportation Commission (RCTC), Riverside County and adjacent communities.

M-2.1 Multi -Modal Streets. Apply context -sensitive complete streets principles to roadway improvement projects to serve all modes of travel and users of all ages and abilities, where appropriate.

M-2.3 Connectivity. Improve pedestrian, bicycle, and low speed vehicle connections from residential neighborhoods to retail centers, hotels, and schools.

M-2.5 Citywide Bicycle Network. Support an integrated citywide bicycle network through the construction of new bike lanes and enhancement of existing bike lanes.

M-2.6 Bicyclist and Pedestrian Safety. Develop safe and convenient bicycle and pedestrian facilities and crossings that reduce conflicts with other modes.

M-2.7 CV Link Users. Provide safe and efficient travel options through the City for CV Link users coming from neighboring cities.

M-4.1 Funding Sources. Leverage existing available funding methods and sources to fud the transportation system in the City while also researching innovative funding sources at the federal, state, regional, and county levels.

M-4.2 Development Fees. Ensure that new development projects contribute their appropriate fair share to transportation network improvements.

M-4.3 Monitor Funding. Monitor funding of programmed transportation improvements.

M-4.4 Regional Funding. Encourage regional agencies to continue to provide adequate transportation funding to local jurisdictions.

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Improvements shall include as conditions of approval, but not be limited to, the following:
• On -site transportation facilities: streets, curbs, traffic control devices;
• Access improvements: street extensions, widening, turn lanes, signals, etc;
• Street widening for streets fronting the development property as shown on the Circulation Plan map;
• Right -of -Way landscaping; and
• Offsite roadway and intersection improvements.

M -le Encourage new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design.

M -1g
Implement the arterial highway system in a manner consistent with Federal, State, and local environmental quality standards and regulations, and consistent with the City's charm and unique appeal
M -2a During project application review, consider requiring new and enhanced transit, bicycle, and pedestrian facilities along arterials and collectors where appropriate.

M -4a Develop and support a flexible financing program to fund the construction, maintenance, and improvement of the roadway system.

Finding
Implementation of the GPU would result in VMTs that exceed thresholds established by CVAG. The GPU VMT per capita of 22.6 exceeds the 14.0 threshold, resulting in a significant impact according to Indian Wells General Plan Update
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CEQA Guidelines Section 15064.3(b). Meeting this threshold would require a 40% reduction in VMT per capita, which is not feasible. GPU policies and actions propose to expand transit, bicycle, pedestrian, and complete street networks and implement transportation demand management strategies, which could reduce VMT further. However, the effectiveness of these policies is uncertain.

Therefore, with respect to consistency with CEQA Guidelines Section 15064.3, subdivision (b), the VMT impact of the Project related to VMT/capita would be significant and unavoidable. Impact 4.16 b would be significant and unavoidable.

Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. These changes are identified in the form of the mitigation measures discussed above. The City of Indian Wells hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological, or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code Section 21081(a)(1), (3); Guidelines Section 15091(a)(1), (3)).

As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.

F. CUMULATIVE IMPACTS
Regarding the Project's potential to result in cumulative impacts, the City hereby finds as follows:

1. Aesthetics
The assessment of cumulative aesthetic impacts analyzes full buildout of the City of Indian Wells. As stated throughout, the City is largely developed, with the exception of locations north of Highway 111 and north and south of Miles Avenue. As stated above, future development within the City of Indian Wells could result in impacts to aesthetic resources, however, these impacts are reduced with the implementation of GPU policies listed above. Additionally, building guidelines and development standards established in the Indian Wells Municipal Code reduce aesthetic impacts of potential buildings to less than significant levels.

While the City of Indian Wells contains numerous areas and viewsheds with relatively high scenic value (i.e., surrounding mountains), there are not officially designated scenic vista points or scenic highways in the Planning Area. The closest officially designated State scenic highway is located west, in the City of Palm Desert. Significant scenic resources witness within the City includes the Santa Rosa Mountains to the south (within the City's boundary), and the San Jacinto Mountains to the west (outside of the City's boundary).

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Implementation of the GPU could lead to new and expanded urban and suburban development throughout the City, specifically north of Highway 111 and north and south of Miles Avenue, which may obstruct or interfere with views of visual features surrounding the Planning Area, including views of the Santa Rosa or San Jacinto Mountains when viewed from these rights -of -way. Future projects will be required to comply with the City standards and guidelines regarding building heights and setbacks as required by the Indian Wells Municipal Code. Additionally, the GPU outlines various goals, policies and standards for land use categories, community design features, and building architecture, that impact the visual character of the City. These policies and regulations, in conjunction with the existing specific plans, would reduce cumulative impacts associated with aesthetic resources to a less than cumulatively considerable level.

Regional growth has and will continue to result in a cumulative aesthetic effect by converting undeveloped land into developed and occupied areas and increasing overall levels of nighttime lighting.

Cumulative development entails grading/landform alteration, the development of structures, and the installation of roadways and other infrastructure that has altered and will continue to permanently alter the region's existing visual character. This is considered potentially significant cumulative impact.

Subsequent projects implemented under the proposed General Plan would be required to be consistent with the policies and actions of the proposed General Plan and adopted policies and regulations (above), the proposed GPU would considerably contribute to permanent changes in visual character, such as obstruction of scenic views, conversion of existing visual character, and increased lighting. The policies and actions included in the GPU would fully reduce the cumulative effect of the GPU on visual character, to mitigate the proposed GPU's contribution to a less than significant level. Therefore, the proposed GPU's incremental contribution to this cumulative impact would be less than cumulatively considerable. (Draft EIR pg. 4.1-13)

2. Agriculture and Forestry Resources
The City of Indian Wells has almost completely transitioned away from agricultural production as it has developed into a City with residential, resort hotel properties, restaurants, and general retail centers.

However, the cumulative impact on agricultural resources in the City is considered significant and unavoidable due to the anticipated loss of the City's remaining agricultural land. While the loss of Prime Farmland within Indian Wells is relatively minor compared to the broader Coachella Valley's agricultural land, it contributes to the urbanization and conversion of agricultural land. As the GPU continues to plan for resort and commercial development in the City, no feasible mitigation measures for agricultural resources would align with these objectives. Therefore, the cumulative impact on agricultural resources is significant and unavoidable. (Draft EIR pg. 4.2-7)

3. Air Quality
Using the most current California Emissions Estimator Model (Ca1EEMod, Version 2022.1) computer software, the project -specific construction and operational emissions have been quantified and evaluated against the localized and regional air quality standards, which have been established with the purpose of protective public health and sensitive populations. The expected emissions will not exceed the applicable thresholds for criteria pollutants, including PM10 and ozone precursors.

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The Coachella Valley portion of the SSAB is deemed to be in nonattainment for the 1997 8 -hour ozone standard. Coachella Valley is unique in its geography due to its location downwind from the SCAB. As such, when high levels of ozone are formed in the SCAB, they are transported to the Coachella Valley.

Similarly, when ozone precursors such as nitrogen oxides (NOx) and volatile organic compounds (VOCs) are emitted from mobile sources and stationary sources located in the South Coast Air Basin, they are also transported to the Coachella Valley. SCAQMD has deemed that local sources of air pollution generated in the Coachella Valley have a limited impact on ozone levels compared to the transport of ozone precursors generated in SCAB. SCAQMD continues to reduce ozone and improve air quality in the Coachella Valley, in part by providing more than $50 million in grant funding towards paving dirt roads and parking lots, clean energy projects and cleaner vehicles. Future emission reductions anticipated to occur in the South Coast Air Basin associated with current and planned regulations on mobile and stationary sources are expected to contribute to improvements in ozone air quality in the Coachella Valley and lead to attainment of the standard. By resulting in precursor emissions of ozone precursors below the established SCAQMD Air Quality Significance Thresholds, the project will prevent a condition which would impair the region's ability toward ozone attainment or one which would result in cumulative considerable exceedances.

Regarding the PM10 nonattainment status, the construction and operational emissions will also not reach or exceed the established standards. Project -related construction activities would take place within the required mandates and measures aimed at prohibiting fugitive dust. The required plan preparation and demonstrated compliance will be consistent with Chapter 8.20 (Fugitive Dust Control) of the Indian Wells Municipal Code, which is enacted to establish the minimum requirements for construction and demolition activities and other specified sources in order to reduce man-made fugitive dust and the corresponding PM10 emissions. The corresponding performance standards are also based upon the methodologies included in the Coachella Valley Dust Control Handbook, which has been prepared in accordance with CVSIP and SCAQMD Rule 403 and 403.1 referenced above. As such, the project is not expected to impair the region's ability to progress toward attainment or to result in cumulatively considerable exceedances for this pollutant. As such, the project is not expected to result in cumulative impacts to air quality. (Draft EIR pg. 4.3-30)

4. Biological Resources
Implementation of the proposed Indian Wells General Plan Update (GPU) will not result in project - level effects to biological resources. However, when considered in combination with other cumulative developments within the area, there is potential for adverse cumulative effects to biological resources.

Environmental protection laws and regulations have been applied with increasing rigor since the early 1970s and include the California Endangered Species Act, Federal Endangered Species Act, and the Clean Water Act, as described in the Regulatory Setting section earlier in this Biological Resources Section. The City is also a permittee of the CVMSHCP.

The Proposed GPU and other future projects within the City would be required to comply with local, State, federal laws, City policies and actions as well as all applicable permitting requirements of the regulatory and oversight agencies intended to address potential impacts on biological resources.

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Therefore, with adherence to laws, policies, and programs identified in this section, all new development within the Planning Area will assist in minimizing cumulative impacts in regard to biological services and are expected to be less than significant. (Draft EIR pg. 4.4-22)

5. Cultural Resources
Cumulative impacts relating to cultural and Tribal cultural resources are regional in nature, due to the wide range of Native peoples in the Coachella Valley. Build out of the General Plan area, has the potential to cumulatively impact cultural resources. Future site -specific development shall be subject to the City's standard requirements, any development specific mitigation measures (as applicable), and compliance with federal and State law. Although continued development has the potential to cumulatively impact these resources, the continued application of City policies, and General Plan policies such as RM-4.1 through RM-4.4 and Actions RM-4a through RM-4k shall assure that cumulative impacts associated with cultural resources shall be less than significant.

Therefore, with adherence to policies as identified in this section, all new development within the proposed project is expected to be less than significant. (Draft EIR pg. 4.5-24)

6. Energy
As future development projects are received and reviewed by the City in subsequent years, those projects will be reviewed for consistency with the GPU and all relevant State -level programs and requirements. All future projects must implement the most current version of the Title 24 energy efficiency requirements, as required by State law. Consistency with the GPU and other mandatory State -level programs would ensure that future project -level contributions to inefficient, wasteful, or unnecessary energy use would be less than significant. Moreover, as identified above, buildout of the GPU 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. As a result, the proposed GPU's incremental contribution to cumulative greenhouse gas, climate change, and energy impacts would be less than cumulatively considerable. (Draft EIR pg. 4.6-25)

7. Geology and Soils
The City could be adversely impacted by geotechnical hazards. To address seismic ground shaking, ground failure, liquefaction, subsidence, loss of topsoil, and expansive or corrosive soils, any project would be required to follow the City's policies and actions that address using the most current federal, State, and local building standards and requiring surveys of soil and geologic conditions. This is required by Policies PS -4.1 through PS -4.4 and Actions PS -4a through PS -4e. Additionally, the implementation of project specific SWPPPs and WQMPs would further reduce development within the Indian Wells Plan Area will not cause or contribute to any cumulative impacts associated with geology and soils and are thus considered to be less than significant. Moreover, implementation of Policy RM-4.1 and Actions RM-4a and RM-4d would ensure the cumulative impacts to paleontological resources are less than significant. (Draft EIR pg. 4.7-41) Indian Wells General Plan Update
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8. Greenhouse Gas Emissions
Amortized construction and operational emissions of the proposed project would not exceed established SCAQMD thresholds for GHG emissions, therefore, potential cumulative impacts are considered less than significant. (Draft EIR pg. 4.8-22)

9. Hazards and Hazardous Materials
Typically, the release of hazardous materials is site -specific and would not result in City-wide cumulative impacts. Thus, implementation of the proposed General Plan Update would not have the potential to make a cumulatively considerable impact, in combination with impacts from past, present, or reasonably foreseeable projects and would be considered less than significant. As discussed above, future development in accordance with the GPU could result in the transport, use, storage, and handling of hazardous materials or the accidental release of hazardous materials, and would be required to comply with federal, State and local regulations, and GPU policies. Federal, State, and local regulations include the National Pollutant Discharge Elimination System, California Health and Safety Code, and Riverside County Department of Environmental Health. The GPU's contribution to hazardous materials impacts would not be cumulatively considerable.

As stated above, the GPU would not result in significant impacts to emergency response or an evacuation plan with the implementation of the General Plan policies. Additionally, future projects would be required to be reviewed and approved by the fire and police departments prior to issuance of building permits to ensure appropriate access. Thus, impacts would be less than significant and due to the localized nature of emergency response, no cumulative impacts would result from growth in the GPU area.

Finally, although the southern portion of the City is defined by steep slopes which are conducive to wildfires, the slopes do not provide dense vegetation. Therefore, wildfires are not anticipated in the City. Moreover, future development is not proposed in the sloped areas of the City. Future projects would be required to comply with all applicable code and ordinance requirements of the Riverside County Fire Department for access, water mains, fire flows, fire sprinkler systems, and fire hydrants.

Therefore, cumulative impacts would be less than significant. (Draft EIR pg. 4.9-32)

10. Hydrology and Water Quality
The cumulative impacts of hydrology and water quality resulting from policies at the General Plan Update level are typically commensurate with the extent, magnitude, and nature of potential land use changes or new policies that may apply to local resources and future new development. The existing regulatory framework under the CWA and NPDES programs involves robust requirements applicable to project -level land development proposals and to various municipal activities. Implementation of the proposed GPU would not involve a change to land uses or resource management to an extent, magnitude or nature that would conflict with the existing CWA and NPDES programs, or in a manner which would increase the demand for water, groundwater resources, or wastewater operations that are currently managed at the regional level by the utility purveyors. Implementation of the GPU would not grant or otherwise approve project -level development.

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Indian Wells City CouncilFebruary 13, 2025

Indian Wells City Council
February 13, 2025