Council Agenda- February 13, 2025
3.0 REVISIONS TO THE DRAFT EIR
Location & Page
Revision
not intended to serve inter -city traffic. They typically consist of two travel lanes and are undivided.
Fred Waring Drive is an east -west Major Arterial which begins at Highway 111 in Palm Desert and continues east to Indio. Within Indian Wells, it is a six -lane roadway with a raised median. The posted speed limit is 50 miles per hour, and on -street parking and riding a bicycle on the Dortion of Fred Waring Drive in the City is prohibited. Sidewalks are provided on the north side of the roadway from the western city limit to California Trail and from Elkhorn Trail until Warner Trail. East of Warner Trail, sidewalks are provided on both sides of the roadway until the eastern city limit."
Section 4.16, Revisions to Section 4.16, Transportation, revises text on page 4.16-10, Transportation, Page as requested by Caltrans in their comment letter (see Comment and
4.16-10 Response 2-c and 2-h in Chapter 2.0 of this Final EIR. The revisions are as follows:
"California Department of Transportation
The California Department of Transportation (Caltrans) is the primary state agency responsible for managing transportation -related matters.
One of Caltrans' key roles is overseeing the construction and maintenance of the state highway system. Caltrans has established specific standards for traffic flow on roadways and has developed procedures to evaluate whether improvements are necessary for state- controlled facilities. The agency approves the planning, design, and construction of enhancements to all state-controlled infrastructure.
Highway 111 has relinquished the portion of the road within the City of Indian Wells, the City maintains the road and must ensure the continuity of traffic flow.
For projects that may physically impact these facilities, Caltrans requires encroachment permits before any construction can begin. If any CalTrans facilities are impacted by a project, the facilities must meet American Disabilities Act (ADA) Standards after project completion. In addition, a project must maintain bicycle and pedestrian access during construction.
Even if a project does not directly affect the facilities, but may influence traffic flow or operational efficiency, Caltrans may suggest measures to mitigate adverse traffic effects caused by such projects.
Any project that involves Caltrans must follow Caltrans Directors Policy DP -37, noting that all transportation projects funded or overseen by Caltrans will provide comfortable, convenient, and connected complete Indian Wells General Plan Update Final EIR 3-26 January 2025
Council Agenda- February 13, 2025
3.0 REVISIONS TO THE DRAFT EIR
Location & Page
Revision
streets facilities for people walking, biking, and taking transit or passenger rail unless an exception is documented and approved." Section 4.16, Revisions to page 4.16-31 in Section 4.16, Transportation, of the PDEIR Transportation, page corrects policy M-2.5, as referenced in the PDEIR to be consistent with
4.16-31 the correction in the General Plan Update document. The text has been updated to the following:
"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. p ans to -imp cmcnt construction o= the bi <e ne:wo-< system by requiring new dcvc opmcn: :o provide bi<c ancs on pub is roads and update the p an as needed. 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 -le encourages new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design."
Section 4.17, Revisions to page 4.17-15 in Section 4.17, Utilities and Service Systems, Utilities, page 4.17- of the PDEIR corrects actions RM-5e and RM-5g, as referenced in the 15 PDEIR to be consistent with the correction in the General Plan Update document. The text has been updated to the following:
"RM-5d Work with CVWD Continue to upgrade older water mains in the City as needed to ensure adequate water pressure for
firefighting.
Indian Wells General Plan Update Final EIR
3-27 January 2025
Council Agenda- February 13, 2025
3.0 REVISIONS TO THE DRAFT EIR
Location & Page
Revision
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-5hg Through the development review process, continue to cooperate with CVWD 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 to 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."
Section 4.17, Revisions to page 4.17-26 in Section 4.17, Utilities and Service Systems, Utilities, page 4.17- of the PDEIR corrects the actions indicated in the text to be consistent 26 with the correction in the General Plan Update document. The text has been updated to the following:
"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, RM-7.4. The city has a waste diversion goal of reducing organic waste disposal 75 percent by 2025. These goals are consistent with state regulations regarding solid waste, composting, and recycling (Senate Bill 1383) and implemented by GPU Policy RM-7.6 and RM-7.7 and Actions RM-7d, RM-7e, RM-7f, RM-7g, RM-7h, and RM-7i. RM 7k, RM 71, and RM 7m."
Section 4.17, Revisions to page 4.17-28 in Section 4.17, Utilities and Service Systems, Utilities, page 4.17- of the PDEIR corrects actions RM-7d through RM-7i, as referenced in the 28 PDEIR to be consistent with the correction in the General Plan Update document. The policy has been updated to the following:
"RM-7d Encourage the expansion of recycling and reuse programs, such as:
Indian Wells General Plan Update Final EIR 3-28 January 2025
Council Agenda- February 13, 2025
3.0 REVISIONS TO THE DRAFT EIR
Location & Page
Revision
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-7iRM-7e Continue to enforce and monitor required diversion rates pursuant to the requirements contained in Chapter 16.75. of the Municipal Code.
RM-7jRM-7f 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.
RM-7kRM-7g 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 landfills and ensure adequate landfill capacity in the region.
RM 7IRM-7h 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 7mRM-7i 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."
Indian Wells General Plan Update Final EIR 3-29 January 2025
Council Agenda- February 13, 2025
3.0 REVISIONS TO THE DRAFT EIR
3.2 No Significant New Information Requiring Recirculation CEQA and the CEQA Guidelines provide that when "significant new information" is added to an EIR after the expiration of the public comment period but before certification, the lead agency must recirculate the EIR for additional public comment. However, recirculation is required only when the information added to the EIR changes the EIR in a way that deprives the public of a meaningful opportunity to comment on either a substantial adverse environmental impact of the project or a feasible project alternative or mitigation measure that would clearly reduce the impact and that is not going to be implemented. Section 15088.5 (e) of the CEQA Guidelines provides that a decision not to recirculate is appropriate if it is supported by substantial evidence in the administrative record.
Under CEQA and the CEQA Guidelines, the following constitutes substantial evidence: (a) facts; (b) reasonable assumptions predicated on facts; and (c) expert opinions supported by facts. Basically, a lead agency's determination whether information in the record constitutes "substantial evidence" boils down to a determination not only that the information is relevant and material but also that it is sufficiently reliable to have solid evidentiary value. Under CEQA, to determine the reliability of the evidence, a lead agency may consider several factors, such as, but not limited to:
• Whether the evidence has an adequate foundation in the witness's personal knowledge of facts;
• Whether the evidence is provided by a qualified source, such as when an opinion is provided by a witness who is qualified to render an opinion on the subject; and • Whether the evidence is just simply credible.
Upon reviewing all of the written comments submitted during the 45 -day public review period, responses were provided based on the multitude of studies and analyses prepared and/or conducted by various experts (consultants) in preparation of the Draft EIR, the Final EIR, and the project's Mitigation Monitoring and Reporting Program.
The consultants who prepared the studies utilized in the PDEIR, performed the necessary analyses and/or otherwise participated in reviewing the proposed project's potential effects under CEQA and the CEQA Guidelines included, the Director of Environmental Services, a Senior Environmental Planner/GIS Analyst, a Planner, Environmental Planners of MSA Consulting, Inc.; a biologist and planners at De Novo Planning Group; a Principal Archaeologist, Principal Investigators/Archaeologists, Paleontologist, and GIS Analyst/Archaeologist with Duke Cultural Resources Management, LLC.; Noise Control Engineers with MD Acoustics; and a Project Principal and Project Manager with Kittelson & Associates, Inc. The City staff who also coordinated efforts with the various consultants included the City's Community Development Director and Senior Planner.
Indian Wells General Plan Update Final EIR 3-30 January 2025
Council Agenda- February 13, 2025
3.0 REVISIONS TO THE DRAFT EIR
Through the coordinated efforts of all who participated in studying, researching and analyzing the proposed project and its potential effects in the environment, the Draft EIR, and Final EIR was organized to address the following environmental topics:
4.1 Aesthetics 4.10 Hydrology and Water Quality
4.2 Agricultural and Forestry Resources 4.11 Land Use and Planning
4.3 Air Quality 4.12 Noise
4.4 Biological Resources 4.13 Population and Housing
4.5 Cultural and Tribal Cultural Resources 4.14 Public Services
4.6 Energy Resources 4.15 Recreation
4.7 Geology and Soils 4.16 Transportation
4.8 Greenhouse Gas Emissions 4.17 Utilities
4.9 Hazards and Hazardous Materials
The City relied on the collective expertise of each of the above consultants and staff as reflected in the analyses of each of the aforementioned environmental topics to prepare its responses to each of the comments received at the close of the public review period. It was determined that none of the comments and none of the responses to the comments generated any "significant new information" that needed to be added to the EIR, such as but not limited to identifying or disclosing an unbeknownst substantial adverse environmental impact of the project, an unbeknownst feasible project alternative or unbeknownst mitigation measure that would clearly reduce a significant impact and/or one that was not going to be implemented.
In light of the foregoing, it was determined that there is substantial evidence in the administrative record to support the City's decision to not recirculate the EIR for further public comment.
Indian Wells General Plan Update Final EIR 3-31 January 2025
Council Agenda- February 13, 2025
FINAL ENVIRONMENTAL IMPACT REPORT
Indian Wells General Plan Update
4.0 Mitigation Monitoring and Reporting Program
Chapter 4.0 Mitigation Monitoring and Reporting Program
4.1 Introduction
If mitigation measures are required or incorporated into a project as part of the CEQA process, the lead agency must adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the project's mitigation measures. CEQA and the CEQA Guidelines further provide that the MMRP must be adopted at the time of project approval. While the MMRP does not have to be included in the EIR, for the sake of maximizing public transparency, a copy of the proposed project's MMRP has been included below.
4.2 Monitoring Authority
The City may delegate duties and responsibilities for monitoring any given mitigation measure to designated environmental monitors or consultants as deemed necessary. The City may also delegate such duties and responsibilities to certain responsible agencies, affected jurisdictions, enforcement and regulatory agencies of the state or county, special districts and other agencies. The same duties and responsibilities may also be delegated to qualified private entities which accept the delegation.
The City's Planning Department (or equivalent positions of other designated agencies or entities) must ensure that the officials delegated the duties or responsibilities to monitor any given set of mitigation measures are qualified to assume such duties and responsibilities.
Any deviation from the procedures identified under the MMRP shall require prior approval or authorization by the City. Moreover, any deviations from any of the established monitoring procedures set forth in the MMRP and any remedial actions taken to correct such deviations shall be reported immediately to the City by the assigned environmental monitor or consultant.
The City shall remain responsible for monitoring the implementation of all of the project's mitigation measures in accordance with the project's MMRP.
4.3 Mitigation Monitoring Table
Table 4-1, Indian Wells General Plan Update Mitigation Monitoring and Reporting Program, below identifies for each GPU Policy and Action / mitigation measure: (1) the potential impact on the environment that the mitigation measure is focused on; (2) a description of the measure; (3) who or which entity is responsible for monitoring the mitigation measure; (4) the timing for implementing the measure; and (5) the anticipated level of significance after implementation.
Indian Wells General Plan Update Final EIR 4-1
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Table 4-1
Indian Wells General Plan Update Mitigation Monitoring and Reporting Program Potential Impacts on
the Environment
Level of
Significance
after
Mitigation
General Plan Policies and Actions / Mitigation Measures Responsible
for
Monitoring
Timing
Level of
Significance
after
Mitigation
4.1 Aesthetics
a. Have a substantial
adverse effect on a
scenic vista?
Potentially
Significant
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
RM-2a Enforce the Hillside Management Ordinance to ensure the environmental integrity of the hillsides.
Mitigation Measures
None Required.
City Planning
Commission /
City Council
City Planning
Department
Project
review
and
approval
Less than
Significant
b. Substantially damage
scenic resources within
Less than
Significant
Policies
City Planning
Commission /
City Council
Project
review
Less than
Significant
Indian Wells General Plan Final EIR
4-2
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
a state scenic
highway?
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.
City Planning
Department
and
approval
Mitigation Measures
None Required.
c. Substantially degrade
Policies
the existing visual
character or quality of
public views or conflict
with applicable zoning
and other regulations
governing scenic
quality?
CD -2.1 Design Features. Enhance the City's identity with attractive high - quality gateways, city entry signs and design features, cohesive street signs, and other design features at public gathering spaces and other areas, that contribute to the quality of life and enhance the premiere residential -resort community character of Indian Wells.
CD -2.2 Standards and Guidelines. Develop and enforce development City Planning
standards and objective design guidelines that provide clear direction for achieving quality community design in new Commission /
City Council
Less than
Significant
development and redevelopment projects.
CD 2.4 Site Planning. Identify and preserve, as feasible, the significant features of a site, such as viewsheds, heritage trees, and rock outcroppings, during the design and development of new
projects.
CD -2.7 Streetscapes. Promote drought tolerant landscaping, tree planting, and tree preservation along City streets as a means of improving aesthetics, making neighborhoods more pedestrian - friendly, and providing environmental and economic benefits.
City Planning
Department
Future
developers /
project
applicants
Project
review
and
approval
Less than
Significant
CD -2.8 Arts in Public Places. Continue to implement the Arts in Public Places program to provide a diverse and culturally rich environment for Indian Wells residents and visitors.
Indian Wells General Plan Update Final EIR
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January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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.
Actions
CD -2a Continue the Art in Public Places program, including the identification of funding sources and potential sites for public art display. The program may include, but is not limited to, City entry monumentation, streetscape treatments (including street signs), and other public area improvements.
CD -2b Prepare and adopt objective design standards for multifamily and mixed -use projects and require all development in the City to comply with approved design standards, including but not limited to, architecture, landscaping, site design, and other development related regulations intended to enhance and promote the image of Indian Wells.
CD -2c Continue to preserve the community characteristics of scale, good site design, and sensitivity to neighboring sites in single-family residential districts by requiring approval by the City's Design Review Committee for new homes, additions, and exterior remodeling.
RM-2a Enforce the Hillside Management Ordinance to ensure the environmental integrity of the hillsides.
Mitigation Measures
Indian Wells General Plan Update Final EIR
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January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
None Required.
d. Create a new source
of substantial light or
glare which would
adversely affect day or
nighttime views in the
area?
Potentially
Significant
Policy
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 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.
RM-2c 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.
Mitigation Measures
None Required.
City Planning
Commission /
City Council
City Planning
Department
Future
developers /
project
applicants
Project
review
and
approval
Less than
Significant
4.2 Agricultural and Forestry Resources
a/e. Convert Prime
Farmland, Unique
Farmland, or Farmland
of Statewide
Importance, or involve
other changes in the
existing environment
which, due to their
location or nature,
could result in a
conversion of
farmland, to non-
agricultural use?
Potentially
Significant
Policies
CD -1.9 Agricultural Uses. Allow and support the continuation of agricultural operations on lands within the City limits that are g p
designated for development uses, until such time as new development is proposed for the land.
Mitigation Measure
None Required.
City Planning
Commission /
City Council
City Planning
Department
Buildout
of City
Si g
Significant
and
Unavoidable
4.3 Air Quality
a. Conflict with or
obstruct
implementation of the
applicable air quality
plan?
Less than
Significant
Policies
RM-9.1 Reduce Greenhouse Gas Emissions. Consider and adopt new local policies and programs that provide energy efficient City Planning
Commission /
City Council
Buildout
of City
Less than
Significant
Indian Wells General Plan Update Final EIR
4-5
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
alternatives to fossil fuel use to reduce local greenhouse gas City Planning
b. Result in a
emissions and improve air quality.
Department
cumulatively
considerable net
RM-9.2 Zero -Emission and Low -Emission Vehicle Use. Encourage the use Future
increase of any criteria
of zero -emission vehicles, low -emission vehicles, bicycles and developers /
pollutant for which the
other non -motorized vehicles, and car -sharing programs by project
project region is non-
providing sufficient and convenient infrastructure and parking applicants
attainment under the
facilities to accommodate these vehicles.
applicable federal or
state ambient air
RM-9.3 Sensitive Receptors. Buffer and protect residential areas and quality standard?
other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.
RM-9.4 Regional Air Quality. Participate in air quality improvement efforts in the Riverside County area, including those organized through SCAQMD, ICAPCD, the Coachella Valley Association of Governments (CVAG), and the California Air Resource Board (CARB).
Actions
RM-9a Consider giving preference to contractors and service providers who use reduced emission equipment for City construction projects and service contracts.
RM-9b Evaluate the purchase of low -emission vehicles for the City's fleet and the use of available clean fuel sources for trucks and heavy equipment for the provision of City services based on operating requirements and financial feasibility.
RM-9c As applicable, review development projects during the CEQA process for potential air quality impacts to residences and other sensitive receptors. Ensure that mitigation measures and best management practices (BMPs) are implemented to reduce
significant emissions of criteria pollutants.
RM-9d Review development, infrastructure, and planning projects for consistency with SCAQMD and ICAPCD requirements during the CEQA review process. Require project applicants to prepare air Indian Wells General Plan Update Final EIR
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January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
quality analyses to address SCAQMD, ICAPCD, and General Plan requirements, as appropriate, which include analysis and identification of:
1. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.
2. Potential exposure of sensitive receptors to toxic air contaminants.
3. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.
4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where
impacts cannot be mitigated to less than significant.
RM-9e Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD construction emission thresholds. Where construction emissions from individual projects exceed SCAQMD and ICAPCD thresholds, the following actions should be incorporated as necessary to minimize impacts.
These measures do not exclude the use of other, equally effective mitigation measures as determined by a project specific Air Quality Assessment.
• Require all off -road diesel equipment greater than 50 horsepower (hp) to meet U.S. EPA Tier 4 final off -road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) devices including a California Air Resources Board Certified Level 3 Diesel Particulate Filter (DPF) or equivalent. The DPF reduces diesel particulate matter and NOx emissions during construction activities.
• Require a minimum of 50 percent of construction debris be diverted for recycling.
Indian Wells General Plan Update Final EIR
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January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
• Require building materials to contain a minimum 10 percent recycled content.
• Require materials such as paints, primers, sealants, coatings, and glues to have a low volatile organic compound
concentration compared to conventional products. If low VOC materials are not available, architectural coating
phasing should be extended sufficiently to reduce the daily emissions of VOCs.
RM-9f
Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD operational emission thresholds. For projects where operational emissions exceed regulatory thresholds, the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of the project. • Provide onsite solar/renewable energy in excess of
regulatory requirements.
• Require that owners/tenants of non-residential or multi- family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties.
• Require dripless irrigation and irrigation sensor units that prevent watering during rainstorms.
RM-9g
Consider creating dust control measures and coordinating with the Salton Sea Air Basin in implementing strategies proposed in the Air Quality Management Plan to improve regional air quality.
RM-9i
Require all new development and redevelopment projects, including construction operations, to conform with the City's PM10 Ordinance as a condition of issuance of grading permits.
Evaluate the need for permanent control devices in particularly windy areas to be installed prior to project grading.
Indian Wells General Plan Update Final EIR
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January 2025
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
RM-9j Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.
RM-9k Schedule regular maintenance for the City fleet vehicles to reduce fuel consumption resulting in less air pollution and decrease fuel purchases.
Mitigation Measure
None Required.
c. Expose sensitive
Policies
receptors to
substantial pollutant
concentrations?
RM-9.3 Sensitive Receptors. Buffer and protect residential areas and other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.
Actions
RM-9g Consider creating dust control measures and coordinating with the Salton Sea Air Basin in implementing strategies proposed in the Air Quality Management Plan to improve regional air quality.
City Planning
Commission /
City Council
Less than
Significant
RM-9i Require all new development and redevelopment projects, including construction operations, to conform with the City's PM10 Ordinance as a condition of issuance of grading permits.
City Planning
Department
Buildout
of City
Less than
Significant
Evaluate the need for permanent control devices in particularly windy areas to be installed prior to project grading.
RM-9j Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.
Future
developers /
project
applicants
RM-9k Schedule regular maintenance for the City fleet vehicles to reduce fuel consumption resulting in less air pollution and decrease fuel purchases.
Mitigation Measures
None Required.
d. Result in other
Policies
City Planning
emissions (such as
Less than
Commission /
Buildout
Less than
those leading to odors)
adversely affecting a
Significant
RM-9.2 Zero -Emission and Low -Emission Vehicle Use. Encourage the use of zero -emission vehicles, low -emission vehicles, bicycles and City Council
of City
Significant
Indian Wells General Plan Update Final EIR
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January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
substantial number of
people?
other non -motorized vehicles, and car -sharing programs by providing sufficient and convenient infrastructure and parking facilities to accommodate these vehicles.
RM-9.3 Sensitive Receptors. Buffer and protect residential areas and other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.
Mitigation Measures
None Required.
City Planning
Department
Future
developers /
project
applicants
4.4 Biological Resources
a. Have a substantial
adverse effect, either
directly or through
habitat modifications,
on any species
identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations,
or by CDFG or USFWS?
b. Have a substantial
adverse effect of any
riparian habitat or
other sensitive natural
community identified in
local or regional plans,
policies regulations or
by CDFW?
c. have a substantial
adverse effect on state
or federally protected
wetlands (including, but
not limited to, marsh,
vernal pool, coastal,
etc.) through direct
removal filling,
Potentially
Significant
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.
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
City Planning
Commission /
City Council
City Planning
Department
Future
developers /
project
applicants
Buildout
of City
Less than
Significant
Indian Wells General Plan Update Final EIR
4-10
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
hydrological
interruption, or other
means?
RM-la
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.
RM-ld
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.
RM-le
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 Indian Wells General Plan Update Final EIR
4-11
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
(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.
RM-lf 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.
Mitigation Measures
None Required.
d. Interfere substantially
Actions
within the movement
of any native resident
or migratory fish or
wildlife species or with
established native
resident or migratory
wildlife corridors, or
RM-1d 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 City Planning
Commission /
City Council
impede the use of
native wildlife nursery
Less than
including, but not limited to, the payment of mitigation fees, City Planning
Department
Buildout
Less than
sites?
Significant
narrow endemic surveys, riparian/riverine policy, and other applicable surveys.
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.
Future
developers /
project
applicants
of City
Significant
Mitigation Measures
None Required.
Indian Wells General Plan Update Final EIR
4-12
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
e. Conflict with any local
policies or ordinances
protecting biological
resources, such as a
tree preservation policy
or ordinance?
Less than
Significant
g
Actions
RM-ld 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.
Mitigation Measures
None Required.
City Planning
Commission /
City Council
City Planning
Department
Future
developers /
project
applicants
Buildout
of City
Less than
Significant
4.5 Cultural and Tribal Cultural Resources
a. Cause a substantial
Policies
adverse change in the
significance of a
g
historical resources
pursuant to 15064.5?
b. Would the project
cause a substantial
adverse change in the
significance of an
archaeological resource
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 City Planning
Commission /
City Council
City Planning
Department
Native
pursuant to Section
Potentially
mitigate or avoid significant effects to resource(s).
American
Buildout
Less than
15064.5?
Significant
Tribes
of City
Significant
RM-4.3 Historic Resources. Identify, designate, and protect buildings, districts, eligible properties and sites of historic importance within Indian Wells.
Qualified
archaeologist
RM-4.4 Funding. Identify funding programs to assist private property owners in the preservation of historic resources.
Actions
Future
developers /
project
applicants
RM-4a Continue to assess development proposals for potential impacts to sensitive historic, archaeological, and paleontological Indian Wells General Plan Update Final EIR
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January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
resources pursuant to the California Environmental Quality Act (CEQA).
RM-4b 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.
RM-4c 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.
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 palaeontologic resources, or require mitigation measures to mitigate the impacts, such as recovering the paleontological resources for preservation.
Indian Wells General Plan Update Final EIR
4-14
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
RM-4e 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.
RM-4f 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.
RM-4g 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.
Indian Wells General Plan Update Final EIR
4-15
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
RM-4h 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 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.
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.
Mitigation Measures
None Required.
c. Would the project
Actions
disturb any human
remains, including
those interred outside
of dedicated
cemeteries?
RM-4f 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 City Planning
Department
Native
County Coroner has been informed and has determined that no American
Potentially
investigation of the cause of death is required. If the remains are Tribes
Buildout
Less than
Significant
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 Future
developers /
project
applicants
of City
Significant
Indian Wells General Plan Update Final EIR
4-16
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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.
Mitigation Measures
None Required.
d. Would the project
cause a substantial
adverse change in the
significance of a Tribal
Cultural Resource,
defined in PRC Section
21074, that is:
i. Listed or eligible for
listing in the CHHR, or
in local register of
historical resources as
defined in PRC Section
5020.1(k) or;
ii. A resource determined
Policies
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).
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).
City Planning
Commission /
City Council
City Planning
Department
Qualified
by a Lead Agency, in its
Potentially
RM-4c For all development proposals within areas with the potential to Archaeologist
Buildout
Less than
discretion and
supported by
substantial evidence, to
be significant pursuant
to criteria set forth in
subdivision (c) of PRC
Section 5024.1. In
applying the criteria set
forth in subdivision (c)
of PRC Section 5020.1,
the lead agency shall
consider the
significance of the
resource too California
Significant
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.
RM-4e 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 Native
American
Tribes
Future
developers /
project
applicants
of City
Significant
Native American.
shall include an immediate evaluation of the find and contingency Indian Wells General Plan Update Final EIR
4-17
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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.
RM-4f 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.
RM-4g 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-4h 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.
Indian Wells General Plan Update Final EIR
4-18
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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-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.
Mitigation Measures
None Required.
4.6 Energy Resources
a. Result in potentially
Policies
significant
environmental impact
due to wasteful,
inefficient, or
RM-10.1 Green Building Standards Code. Ensure that new construction and major redevelopment complies with the most current version of the California Green Building Standards Code.
unnecessary
consumption of energy
resources, during
project construction or
operation?
RM-10.2 Energy Conservation. Promote energy conservation by residents and businesses in existing structures, in close coordination with other agencies and local energy providers, including Southern California Edison and Southern California Gas Company.
City Planning
Commission /
City Council
City Planning
b. Conflict with or
Less than
RM-10.3 Energy Efficient Design. Encourage energy efficient design Department
Buildout
Less than
obstruct a state or local
plan for renewable
energy or energy
efficiency?
Significant
including site planning techniques, building orientation, and building methods that reduce energy use, conserve non-
renewable energy and materials, and promote water efficient landscaping to support energy conservation.
Future
developers /
project
applicants
of City
Significant
RM-10.4 Conditions of Approval. Require all new development projects obtaining discretionary action by the City to comply with energy related conditions of approval.
RM-10.5 Retrofitting. Encourage energy -efficient retrofitting of existing buildings, including homes, throughout the City.
Indian Wells General Plan Update Final EIR
4-19
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
RM-10.6 Public Education. Improve public dissemination of information for possible energy conservation solutions.
RM-10.7 Renewable Energy. Encourage the use of renewable energy and non-traditional energy sources such as wind, hydrologic, and solar to reduce dependence on traditional energy sources.
RM-10.8 Solar Design. Encourage the use of active or passive solar design whenever feasible.
RM-10.9 Solar Access. Continue to protect solar access in accordance with the Solar Rights Act.
RM-10.10 Multi -Jurisdictional Efforts. Explore cooperative efforts with other jurisdictions and entities related to renewable energy and distributed generation systems.
RM-10.11 Municipal Buildings and Vehicles. Continue efforts to reduce dependency on fossil fuels in all municipal buildings and vehicles.
RM-9.2 Zero -Emission and Low -Emission Vehicle Use. Encourage the use of zero -emission vehicles, low -emission vehicles, bicycles and other non -motorized vehicles, and car -sharing programs by providing sufficient and convenient infrastructure and parking facilities to accommodate these vehicles.
M-1.9 Safe Routes to School. 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.
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.
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.
Indian Wells General Plan Update Final EIR
4-20
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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 Citywide Bicycle Plan. Implement construction of the bike network system by requiring new development to provide bike lanes on public roads and update the plan as needed.
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 Bus Stops. Work with SunLine and other providers to improve bus stop amenities.
M-2.9 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.
Actions
RM-10a Establish an education program, in partnership with relevant agencies and community organizations, to improve public dissemination of information for possible energy conservation solutions to residents, businesses, and the building industry.
RM-10b Provide the public with current information on energy grants, incentives and energy conservation programs.
Indian Wells General Plan Update Final EIR
4-21
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
RM-10c Encourage the Home Energy Assistance Link (HEAL) program, a monetary incentive program, that assists Indian Wells residents purchase energy and water efficient appliances.
RM-10d Develop a green building resource guide that will encourage the following:
• Reduction or elimination of toxic and harmful substances within buildings and their surrounding environments.
• Selection of materials and products based on their life -cycle environmental impacts and use of materials and products with recycled content.
RM-10e
Audit existing City facilities and operations to identify energy efficiency improvements and seek grant funding to implement these improvements.
RM-10f
Investigate incorporating sustainable materials and construction elements into the Capital Improvement Program.
RM-log
Continue the City's program for recycling green waste from City maintained landscape areas and the Golf Resort into mulch for use as ground cover.
RM-10h
Utilize LED light fixtures and motion detectors at City Hall to reduce the demand on electrical power.
RM-10i
Pursue Leadership in Energy and Environmental Design (LEED) certification for future construction of affordable housing at City Housing Authority properties.
RM-10j
Incorporate into City codes, when feasible, planning and building standards which minimize consumption of non-renewable
resources, such as natural gas and fossil fuels.
RM-10k
Permit the use of solar panels to maximize energy efficiency provided the panels are in accordance with the City's/State's design guidelines contained in the Zoning Code and establish a program to waive permit fees for solar installation.
Indian Wells General Plan Update Final EIR
4-22
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
RM-101 Explore cooperative efforts with other jurisdictions and entities related to renewable energy and distributed generation systems.
RM-10m Coordinate with Coachella Valley Association of Governments (CVAG) to hold workshops on the use of renewable energy and the local development associated industries in the Coachella Valley.
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.
RM-9b Evaluate the purchase of low -emission vehicles for the City's fleet and the use of available clean fuel sources for trucks and heavy equipment for the provision of City services based on operating requirements and financial feasibility.
Mitigation Measures
None Required.
4.7 Geology and Soils
a. Expose people or
structures to potential
substantial adverse
effects involving:
ii. Strong Seismic Shaking
iii. Seismic -related ground
Potentially
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.
development
Qualified Soils
Engineer
City Planning,
Engineering &
Buildout
Less than
failure, including
liquefaction
iv. Landslides
b. Substantial Soil Erosion
or loss of topsoil
c. Located on an Unstable
Significant
PS -4.2 Sensitive Site Location. Discourage the 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. public Works
Department
Future Project
Applicant/
Developer
of City
Significant
Geologic Unit
Indian Wells General Plan Update Final EIR
4-23
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
d. Located on Expansive
PS -4.3 Map Maintenance. Maintain the City's geologic and seismic Soil
hazards map in concert with updates from the California Geologic e. Inadequate soils to
support septic tanks
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 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.
PS -4b 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.
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.
Indian Wells General Plan Update Final EIR
4-24
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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.
PS -4e Develop a structural hazards reduction program (per Section 8875 of the Government Code) for the upgrading of seismically hazardous buildings.
Mitigation Measures
None Required.
a. Expose people or
structures to potential
substantial adverse
effects involving:
iii. Seismic -related ground
failure, including
liquefaction
iv. Landslides
c. Located on an Unstable
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 Qualified Soils
Engineer
Geologic Unit
d. Be located on
Expansive Soil creating
Potentially
landscaped open space uses for areas within these areas.
PS -4.4 Building Codes. Maintain high standards for seismic performance City Planning,
Engineering &
Public Works
Buildout
Less than
substantial direct or
indirect risks to life or
property
Significant
of buildings through prompt adoption and careful enforcement of the most current seismic standards of the Uniform Building Code.
Department
Future Project
of City
Significant
Actions
Applicant/
PS -4a 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.
Developer
PS -4b Require professional inspection of geotechnical aspects, such as excavation earthwork, during site development construction on Indian Wells General Plan Update Final EIR
4-25
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
sites that have been specified in geotechnical studies as being prone to moderate or greater levels of seismic or geologic hazard.
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.
Mitigation Measures
None Required.
b. Substantial Soil Erosion
Actions
or loss of topsoil
PS -4c Review development proposals to ensure compliance with California Health and Safety Code Section 19100 et seq.
Qualified Soils
(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 Engineer
City Planning,
Engineering &
Potentially
Significant
proposals to ensure compliance with the current federal, State, local building During discretionary
Public Works
Buildout
of City
Less than
Significant
and standards. review of
development and redevelopment proposals, require surveys of soil and geologic conditions by State licensed Engineering Department
Future Project
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.
Applicant/
Developer
Indian Wells General Plan Update Final EIR
4-26
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures
None Required.
f. Destroy a unique
Policies
paleontological
resource or site or
unique geologic feature
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.
Actions
PS -4a 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.
Qualified
Paleontologica
I Monitor
Potentially
RM-4d The City shall require an assessment of the potential for City Planning
Buildout
Less than
Significant
development proposals to significantly impact paleontological resources pursuant to the CEQA. If the project involves Department
of City
Significant
earthworks, the City may require a study conducted by a Future Project
professional paleontologist to determine if paleontological assets Applicant/
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.
Developer
Mitigation Measures
None Required.
4.8 Greenhouse Gas Emissions
Indian Wells General Plan Update Final EIR
4-27
January 2025
Council Agenda- February 13, 2025
4.0 MITIGATION MONITORING AND REPORTING PROGRAM
a. Generate GHG
Emissions that may
Policies
Significantly Impact the
Environment
b. Conflict with an
applicable plan, policy
or regulation adopted
for the purpose of
reducing the emissions
of greenhouse gases
CD -1.1 Land Use Pattern. Promote an appropriate land use plan that fosters and enhances community livability and public health; sustains economic vitality; relates to the City's resort industry; promotes efficient development and multiple transportation options; reduces pollution, greenhouse gas emissions, and the expenditure of energy and other resources; and ensures
compatibility between uses consistent with the land use designations identified in this Element and Land Use Map.
CD -1.8 Prohibited Development Types. Prohibit undesirable development types, including linear or strip commercial development, heavy polluting industry, and billboards.
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 City Planning
Department
Less than
Buildout
Less than
Significant
Vehicle Miles Traveled (VMT) impacts.
Future Project
of City
Significant
M-1.2 LOS Standards. Strive to maintain a minimum Level of Service Applicant/
(LOS) "D" at intersections during the weekday peak hours.
Developer
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 Indian Wells General Plan Update Final EIR
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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), LAFCO, Southern California Association of Governments (SCAG), Riverside County Transportation Commission (RCTC), Riverside County and adjacent communities.
M-1.9 Safe Routes to School. 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.
M-1.10 Residential Streets Traffic Calming. Continue implementing traffic calming measures to discourage speeding and cut -through traffic on residential streets, where appropriate.
M-1.11 ADA Accessibility. Ensure the City's transportation network is safe, accessible, and consistent with the Americans with Disabilities Act (ADA), to allow mobility -impaired users, such as disabled persons and seniors, to safely travel within and beyond the city.
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.
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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
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
Bus Stops. Work with SunLine and other providers to improve bus stop amenities.
M-2.9
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.
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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.
RM-9.1 Reduce Greenhouse Gas Emissions. Consider and adopt new local policies and programs that provide energy efficient alternatives to fossil fuel use to reduce local greenhouse gas emissions and improve air quality.
RM-9.2 Zero -Emission and Low -Emission Vehicle Use. Encourage the use of zero -emission vehicles, low -emission vehicles, bicycles and other non -motorized vehicles, and car -sharing programs by providing sufficient and convenient infrastructure and parking facilities to accommodate these vehicles.
RM-9.3 Sensitive Receptors. Buffer and protect residential areas and other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.
RM-9.4 Regional Air Quality. Participate in air quality improvement efforts in the Riverside County area, including those organized through SCAQMD, ICAPCD, the Coachella Valley Association of Governments (CVAG), and the California Air Resource Board (CARB).
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 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;
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• 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.
M -lb
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.
M -lc
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.
M-ld
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.
M -le
Encourage new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design.
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M -1f
M -1g
Consider streetscape improvements such as landscaping, , sidewalks, paths, lighting, and other pedestrian -oriented features in the City.
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.
RM-9a
Consider giving preference to contractors and service providers who use reduced emission equipment for City construction projects and service contracts.
RM-9b
Evaluate the purchase of low -emission vehicles for the City's fleet and the use of available clean fuel sources for trucks and heavy equipment for the provision of City services based on operating requirements and financial feasibility.
RM-9c
As applicable, review development projects during the CEQA process for potential air quality impacts to residences and other sensitive receptors. Ensure that mitigation measures and best management practices (BMPs) are implemented to reduce
significant emissions of criteria pollutants.
RM-9d
Review development, infrastructure, and planning projects for consistency with SCAQMD and ICAPCD requirements during the CEQA review process. Require project applicants to prepare air quality analyses to address SCAQMD, ICAPCD, and General Plan requirements, as appropriate, which include analysis and identification of:
1. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.
2. Potential exposure of sensitive receptors to toxic air contaminants.
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3. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.
4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where
impacts cannot be mitigated to less than significant.
RM-9e Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD construction emission thresholds. Where construction emissions from individual projects exceed SCAQMD and ICAPCD thresholds, the following actions should be incorporated as necessary to minimize impacts.
These measures do not exclude the use of other, equally effective mitigation measures as determined by a project specific Air Quality Assessment.
• Require all off -road diesel equipment greater than 50 horsepower (hp) to meet USEPA Tier 4 final off -road
emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) devices including a California Air Resources Board Certified Level 3 Diesel Particulate Filter (DPF) or equivalent. The DPF reduces diesel particulate matter and NOx emissions during construction activities.
• Require a minimum of 50 percent of construction debris be diverted for recycling.
• Require building materials to contain a minimum 10 percent recycled content.
• Require materials such as paints, primers, sealants, coatings, and glues to have a low volatile organic compound
concentration compared to conventional products. If low VOC materials are not available, architectural coating
phasing should be extended sufficiently to reduce the daily emissions of VOCs.
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RM-9f Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD operational emission thresholds. For projects where operational emissions exceed regulatory thresholds, the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of the project. • Provide onsite solar/renewable energy in excess of
regulatory requirements.
• Require that owners/tenants of non-residential or multi- family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties.
• Require dripless irrigation and irrigation sensor units that prevent watering during rainstorms.
RM-9i Require all new development and redevelopment projects, including construction operations, to conform with the City's PM10 Ordinance as a condition of issuance of grading permits.
Evaluate the need for permanent control devices in particularly windy areas to be installed prior to project grading.
RM-9j Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.
RM-9k Schedule regular maintenance for the City fleet vehicles to reduce fuel consumption resulting in less air pollution and decrease fuel purchases.
Mitigation Measures
None Required.
4.9 Hazards and Hazardous Materials
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a/b. Create a significant
hazard to the to the
public or the
environment due to
routine transport, use,
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. or disposal of
hazardous materials; or
create a significant
hazard to the public or
the environment
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.
through reasonably
foreseeable upset and
accident conditions
involving the release of
hazardous materials
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.
into the environment?
PS -5.4 Public -Private Coordination. Require that developers coordinate with the Riverside County Department of Environmental Health City Planning
Department
Less than
to confirm that hazardous waste cleanup sites located within the Buildout
Less than
Significant
City are remediated by the property owner in a manner that keeps the public safe.
Future Project
Applicant/
of City
Significant
Developer
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 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.
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Actions
PS -5a
As part of the development review process, determine the potential for the production, use, storage, transport, and/or disposal of hazardous materials and provide for reasonable controls and mitigation measures on such hazardous materials as to protect both the residents and the environment, and to mitigate the risks to an acceptable level.
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.
PS -5c
Require the submittal of information regarding hazardous materials manufacturing, storage, use, transport, and/or disposal by existing and proposed businesses and developments to RCFD.
PS -5d
Advertise the Household Hazardous Waste Collection Program, established by the City's waste service provider. Provide informational materials at public locations and links on the City's website about the City's Household Hazardous Waste Collection Program, the County's Antifreeze, Batteries, Oil, and Paint (ABOP) program, collection facilities, drop-off centers, and the 24 -hour Household Hazardous Waste hotline.
PS -5e
Amend the Municipal Code to require that, prior to issuance of any grading or building permit (whichever occurs first) for a project on a site identified on any list of hazardous materials compiled pursuant to Government Code Section 65962.5, a formal Phase I Environmental Site Assessment (ESA) shall be prepared in accordance with ASTM Standard Practice E 1527-05 or the Standards and Practices for All Appropriate Inquiry (AAI) and submitted to the City's Community Development
Department. The Phase I ESA shall identify specific Recognized Environmental Conditions (RECs), which may require further Indian Wells General Plan Update Final EIR
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sampling/remedial activities by a qualified Hazardous Materials Specialist with Phase II/site characterization experience prior to demolition, and/or construction. The Hazardous Materials Specialist shall identify proper remedial activities appropriate to the hazardous material(s) found (e.g., removal and disposal; bio- remediation; pump and treat; soil vapor extraction, and in situ oxidation), as necessary.
Mitigation Measures
None Required.
c. Emit hazardous
emissions or handle
hazardous materials
within one -quarter mile
Actions
PS -5b Review development proposals to ensure the proximity between users and transporters of substantial hazardous materials and City Planning
Department
of an existing or
proposed school?
Less than
Significant
sensitive uses, such as schools and residential neighborhoods, remains at or above safe and acceptable levels, regardless of growth and new development.
Future Project
Applicant/
Buildout
of City
Less than
Significant
Developer
Mitigation Measures
None Required.
d. Be located on a site
which is included on a
list of hazardous
materials sites
compiled pursuant to
Policies
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 Government Code
Section 65962.5 and, as
City are remediated by the property owner in a manner that keeps the public safe.
City Planning
Department
a result, would it create
Less than
Buildout
Less than
a significant hazard to
the public or the
environment?
Significant
Actions
PS -5e Amend the Municipal Code to require that, prior to issuance of any grading or building permit (whichever occurs first) for a project on a site identified on any list of hazardous materials compiled pursuant to Government Code Section 65962.5, a formal Phase I Environmental Site Assessment (ESA) shall be prepared in accordance with ASTM Standard Practice E 1527-05 Future Project
Applicant/
Developer
of City
Significant
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or the Standards and Practices for All Appropriate Inquiry (AAI) and submitted to the City's Community Development
Department. The Phase I ESA shall identify specific Recognized Environmental Conditions (RECs), which may require further sampling/remedial activities by a qualified Hazardous Materials Specialist with Phase II/site characterization experience prior to demolition, and/or construction. The Hazardous Materials Specialist shall identify proper remedial activities appropriate to the hazardous material(s) found (e.g., removal and disposal; bio- remediation; pump and treat; soil vapor extraction, and in situ oxidation), as necessary.
Mitigation Measures
None Required.
g. Expose people or
Policies
structures, either
directly or indirectly, to
a significant risk of loss,
injury or death
involving wildland
fires?
PS -2.1 Building Fire Codes. Require that all buildings and facilities comply with local, state, and federal regulatory standards such as the California Building and Fire Codes as well as other applicable fire safety standards.
PS -2.2 Urban Fire Risks. Work with CAL FIRE/RCFD to maintain an ongoing fire inspection program to reduce fire hazards associated with multifamily development, critical facilities, public assembly City Planning
Department
CAL Fire /
Riverside
Less than
Significant
facilities, industrial buildings, and nonresidential buildings.
County Fire
Buildout
of City
Less than
Significant
PS -2.3 Fire Hazard Identification. Coordinate with CAL FIRE/RCFD to identify any changes in regional fire hazard severity zones to further reduce fire hazards in the community the community.
Department
Future Project
Applicant/
PS -2.4 Fire -Prone Building Materials. Restrict, after appropriate public hearings, the use of fire -prone building materials in areas defined by the Fire Department as presenting high -conflagration risk.
Developer
PS -2.5 Public Education. Work with RCFD to disseminate educational programs for residents on fire hazard risks and fire safety Indian Wells General Plan Update Final EIR
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measures, including evacuation routes, with a special focus on at - risk populations such as seniors.
PS -2.6 Fire Protection Plans. Uphold locally and regionally adopted fire protection plans, including the City of Indian Wells Local Hazard Mitigation Plan, and regularly renew such plans as new
information becomes available.
Actions
PS -2a Mitigate, as feasible, existing non -conforming development to contemporary fire safe standards where feasible, including road standards and vegetative hazards.
PS -2b Review and revise the City LHMP at least every 5 years to reflect current community needs, and to ensure the City continues to receive federal FEMA mitigation assistance.
PS -2c Require that all new habitable structures be designed in accordance with the most recent California Building and Fire Code with local amendments adopted by the City, including the use of fire sprinklers.
PS -2d Work with Riverside County to develop a comprehensive fire plan which forecasts future personnel and equipment needs and require new development to pay its pro -rata share of costs for fire services.
PS -2e Upgrade older water mains in the City as needed to ensure adequate water pressure for firefighting.
Mitigation Measure
None Required.
4.10 Hydrology and Water Quality
a. Violate any water
quality standards or
waste discharge
requirements or
Less than
Significant
Policies
RM-6.1 Regional Cooperation. Actively participate in regional activities to assure (a) the effective management of water resources, and (b) City Planning
Department
Buildout
of City
Less than
Significant
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otherwise substantially
degrade surface or
ground water quality?
the development of water policies at the County, State and Federal level that are favorable to the Coachella Valley.
RM-6.7 Education. Strengthen education programs related to water protection and conservation.
Future Project
Applicant/
Developer
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.
Mitigation Measure
None Required.
b. Substantially decrease
Policies
groundwater supplies
or interfere
substantially with
groundwater recharge
RM-6.2 Groundwater Management. Protect the underlaying water basin from overextraction by encouraging sustainable groundwater recharge and management.
such that the project
may impede
sustainable
groundwater
management of the
basin?
RM-6.3 Conservation. Encourage the use of water conserving appliances and fixtures in all new developments, as required by state law.
RM-6.4 Water -Saving Design. Incorporate water -wise native landscaping or alternative water saving materials (i.e. artificial turf) whenever feasible within the City.
City Planning
Department
City Engineer
e. Conflict or obstruct
Less than
Buildout
Less than
implementation of a
water quality control
plan or sustainable
groundwater
management plan?
Significant
RM-6.5 Non -Potable Waterlines. Continue to support the extension of non -potable waterlines for irrigation use, especially to Highway 111, local businesses, and Homeowners Associations.
RM-6.6 Reclaimed Water. Encourage water -intensive land uses, such as golf courses, to utilize reclaimed water, where feasible for landscaping and irrigation needs.
CVWD
Future Project
Applicant/
Developer
of City
Significant
Actions
RM-6a Periodically review and update, as needed, the City's Water Efficient Landscape Ordinance to optimize conservation and comply with State Assembly Bill 325.
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RM-6b Recommend the establishment incentives/funding for projects or residences that implement water conservation measures.
RM-6c 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.
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 water 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 utilize 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 Indian Wells General Plan Update Final EIR
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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:
• 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 Cooperate with CVWD to update population projections, water use generation formulas, needed improvements, and programs Indian Wells General Plan Update Final EIR
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within the Integrated Regional Water Management Plan (IRWM) at least every five years.
RM-6k Work with CVWD to expedite the improvement and expansion of water and reclaimed water facilities when necessary.
Mitigation Measure
None Required.
ci. Substantially decrease
Policies
groundwater supplies
or interfere
substantially with
groundwater recharge
RM-6.4 Water -Saving Design. Incorporate water -wise native landscaping or alternative water saving materials (i.e. artificial turf) whenever feasible within the City.
such that the project
may impede
sustainable
groundwater
RM-6.5 Non -Potable Waterlines. Continue to support the extension of non -potable waterlines for irrigation use, especially to Highway 111, local businesses, and Homeowners Associations.
management of the
basin?
Actions
City Planning
RM-6a Periodically review and update, as needed, the City's Water Department
Efficient Landscape Ordinance to optimize conservation and City Engineer
Less than
comply with State Assembly Bill 325.
Buildout
Less than
Significant
RM-6b Recommend the establishment incentives/funding for projects or residences that implement water conservation measures.
CVWD
Future Project
of City
Significant
Applicant/
RM-6c 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.
Developer
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.
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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 water 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 utilize 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.
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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:
• 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 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.
RM-6k Work with CVWD to expedite the improvement and expansion of water and reclaimed water facilities when necessary.
Mitigation Measure
None Required.
cii. Substantially increase
the rate or amount of
surface runoff in a
Policies
PS -3.1 Maintain Stormwater Infrastructure. Preserve the quality and City Planning
Department
manner which would
Less than
function of the Whitewater River/Coachella Valley Stormwater Buildout
Less than
result in flooding on- or
off -site?
Significant
Channel, and subsequent flood control facilities, by proactively planning for improvements, regularly performing maintenance, and limiting development within the flood plain and flood way.
City Engineer
CVWD
of City
Significant
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ciii. Create or contribute
runoff water which
would exceed the
capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff?
PS -3.2 Comply with National & State Flood Programs. Maintain and periodically update floodplain management ordinances, response plans, building and safety codes, and multi -jurisdictional efforts, to reflect, and comply with, applicable Federal and State law, and National Flood Insurance Program requirement. Coordinate with FEMA to ensure that Federal Insurance Rate Maps correctly depict flood hazards in the City.
Future Project
Applicant/
Developer
PS -3.3 NPDES. Adhere to requirements of the Riverside County Flood civ. Impede or redirect
Control and Water Conservation District's NPDES/Municipal flood flows?
Stormwater Management Program.
d. In flood hazard,
PS -3.4 Regional Coordination. Maintain communication with RCFCD tsunami, or seiche
regarding regional flood facilities and the potential future need to zones, risk release of
pollutants due to
expand the capacity of flood control facilities based on changing project inundation?
flood conditions associated with climate change and extreme weather.
PS -3.5 Municipal Code. Implement the standards and requirements defined in the Municipal Code to reduce flood hazards and address flood -prone areas within Indian Wells.
PS -3.6 Development within Watercourse Designations. Limit development within watercourse designations to improvements proven to not substantially impede the flow of water or result in any increase in flood levels during the occurrence of the one hundred (100) year flood discharge; improvements must be approved by CVWD.
PS -3.7 Building Codes. Adhere to the latest building, site, and design codes in the California Building Code and FEMA flood control guidelines to avoid or minimize the risk of flooding hazards in the community.
PS -3.8 Natural Drainage and Habitat Preservation. Minimize the alteration of natural drainage patterns and conserve riparian habitat when implementing flood control maintenance activities Indian Wells General Plan Update Final EIR
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to hinder contamination and enhance the overall health of the Whitewater River/Coachella Valley Stormwater Channel.
PS -3.9 Reduce Stormwater Runoff. Limit the amount of impervious surfaces in new developments and redevelopments as feasible; developments that add impervious surfaces should integrate low impact development best management practices to reduce
stormwater runoff.
PS -3.10 Mitigation. Require that all new development and redevelopment in areas susceptible to flooding incorporate mitigation measures designed to reduce flood hazards.
Actions
RM-6a Periodically review and update, as needed, the City's Water Efficient Landscape Ordinance to optimize conservation and comply with State Assembly Bill 325.
RM-6b Recommend the establishment incentives/funding for projects or residences that implement water conservation measures.
RM-6c 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.
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.
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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 water 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 utilize 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:
• Require that sufficient water supply and water
infrastructure capacity is available to serve the development Indian Wells General Plan Update Final EIR
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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 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.
RM-6k Work with CVWD to expedite the improvement and expansion of water and reclaimed water facilities when necessary.
Mitigation Measure
None Required.
4.11 Land Use and Planning
b. Cause a significant
environmental impact
due to a conflict with
any land use plan,
policy, or regulation
adopted for the
purpose of avoiding or
mitigating an
environmental effect?
Less than
Significant
Policies
CD -1.1 Land Use Pattern. Promote an appropriate land use plan that fosters and enhances community livability and public health; sustains economic vitality; relates to the City's resort industry; promotes efficient development and multiple transportation options; reduces pollution, greenhouse gas emissions, and the expenditure of energy and other resources; and ensures
compatibility between uses consistent with the land use designations identified in this Element and Land Use Map.
City Planning
Department
Planning
Commission /
City Council
Future Project
Applicant/
pp
Developer
Buildout
of City
Less than
Significant
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CD -1.2 Plan for New Development. Ensure that new development corresponds to the provision of infrastructure, public services, and community facilities, and that new development funds and constructs its fair share of improvements in accordance with City requirements.
CD -1.3 Housing for All Incomes. Assist in the development of adequate housing to meet the needs of very low, low, and moderate income households through implementation of the Housing Program set forth in the Housing Element.
CD -1.4 Senior Resident Land Use Needs. Promote land uses and policies that support the needs of Indian Wells' senior community, including those with mobility, sensory and other limitations or who need assistance with activities of daily living.
CD -1.5 Public Services for Quality of Life. Maintain appropriate sites for institutional and public facility uses that can accommodate the infrastructure and facilities needed to serve the community.
CD -1.6 Residential Clustering. Encourage clustering of residential uses to minimize impacts from noise, flooding, slope instability, and other environmental hazards, or to achieve other desirable City objectives.
CD -1.7 Transitions and Buffering. Require the use of appropriate transitions and buffering to help ensure that non-residential uses do not affect the integrity and enjoyment of adjacent residential neighborhoods.
CD -1.8 Prohibited Development Types. Prohibit undesirable development types, including linear or strip commercial development, heavy polluting industry, and billboards.
Actions
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CD -la
CD -1b
Amend the City's Municipal Code to reflect zoning designations and standards consistent with land use designations included in the General Plan Element.
At least biennially, review the City's Municipal Code, including the Zoning Code and Subdivision Code, and update as appropriate to reflect goals, policies, and actions included in the Community Development Element.
CD -lc
Ensure all projects are reviewed and processed per California Environmental Quality Act (CEQA) Guidelines.
CD -1d
Through the development review process, evaluate development proposals for land use and transportation network compatibility with existing surrounding or abutting development or
neighborhoods.
CD -le
Analyze land use compatibility through the development review process to require adequate buffers and/or architectural enhancements that protect sensitive receptors from intrusion of development activities that may cause unwanted nuisances and health risks.
CD -1f
As part of development review process, ensure that residential and non-residential developments fall within the minimum and maximum density requirements and/or allowed floor -area -ratios stipulated on the Land Use Map and included within the Land Use Descriptions. Projects shall also be reviewed for consistency with the development standards and density requirements established by any applicable Specific Plan governing the area in question.
CD -1g
Conduct proactive outreach to property owners and developers to encourage the development of new projects that provide public benefits on vacant parcels. Specifically focus on developing vacant areas located at the intersection of Miles Avenue and Washington Street, adjacent to the Indian Wells Tennis Garden and the intersection of Miles Avenue and Highway 111.
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CD -1h Assist in the consolidation of contiguous smaller parcels for development purposes.
Mitigation Measures
None Required.
4.12 Noise
a. Generation of
Policies
substantial temporary
or permanent increase
in ambient noise levels
in the vicinity of the
project in excess of
standards established
in the local general
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.
plan or noise
ordinance, or
applicable standards of
other agencies?
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 equipment away City Planning
Department
Acoustic
Potentially
from sensitive receptors, shielding of noise -generating Buildout
Less than
Professional
Significant
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.
Future Project
Applicant/
Developer
of City
Significant
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 Indian Wells General Plan Update Final EIR
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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.
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Actions
PS -6a
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.
PS -6b
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.
PS -6c
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 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, Indian Wells General Plan Update Final EIR
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PS -6f
berms, and other structures which will attenuate ambient noise levels.
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.
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.
PS -6k
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.
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Mitigation Measures
None Required.
b. Generation of
excessive groundborne
vibration or
groundborne noise
levels?
Potentially
Significant of
Policies
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.
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.
Mitigation Measures
None Required.
City Planning
Department
Acoustic
Professional
Future Project
Applicant/
Developer
Buildout
City
Less than
Significant
4.13 Population and Housing
a. Induce the substantial
unplanned population
growth in an area,
either directly or
indirectly?
Less than
Significant
Policies
1.1 Continue enforcement of the codes and regulations establishing minimum construction standards.
1.2 Encourage maintenance and repair of existing housing to prevent deterioration within the City.
1.3 Monitor the status of at -risk affordable rental housing units, proactively work with potential nonprofit purchasers/managers as appropriate and explore funding sources available to preserve the at -risk units.
City Planning
Department
Future Project
Applicant /
Developer
Buildout
of City
Less than
Significant
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2.1 Maintain adequate capacity to accommodate the City's unmet Regional Housing Needs Allocation (RHNA) for all income categories throughout the planning period.
2.2 Continue to provide affordable housing opportunities in Indian Wells through a density bonus incentive for the development of lower and moderate -income units.
2.3 Encourage private entities (both non-profit and for-profit) to participate in attaining housing goals.
2.4 Encourage residential development that provides a range of housing types in terms of cost, density, unit size, and configuration.
2.5 Continue to allow accessory dwelling units and junior accessory dwelling units as a means of providing additional affordable rental housing opportunities.
2.6 Assist with the development of housing that targets the needs of special populations, including the elderly, disabled, farmworkers, and homeless.
2.7 Allow by -right approval for housing developments proposed for non -vacant sites included in one previous housing element inventory and vacant sites included in two previous housing elements, provided that the proposed housing development consists of at least 20 percent lower income and affordable housing units.
3.1 Continue to utilize zoning standards and overlay districts that facilitate the development of affordable housing units.
3.2 Provide reasonable accommodation for housing for persons with disabilities.
3.3 Periodically review City development standards to ensure consistency with the General Plan and to ensure high -quality affordable housing.
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3.4 Monitor State and federal housing -related legislation, and update City plans, ordinances, and processes as appropriate to remove or reduce governmental constraints.
3.5 Regularly identify and evaluate the impact of nongovernmental constraints on housing development and implement programs to reduce negative impacts.
4.1 Promote fair housing practices throughout the City.
4.2 Promote a variety of housing types to meet the special needs of persons with physical and developmental disabilities, elderly households, and others who may need specialized residential living arrangements.
4.3 Strengthen opportunities for participation in the approval process for all housing projects, including affordable housing.
4.4 Assist in affirmatively furthering and enforcing fair housing laws by providing support to organizations that provide outreach and education regarding fair housing rights, receive and investigate fair housing allegations, monitor compliance with fair housing laws, and refer possible violations to enforcing agencies.
Mitigation Measures
None Required.
b. Displace substantial
Policies
numbers of existing
people or housing,
necessitating the
construction of
replacement housing
Less than
1.1 Continue enforcement of the codes and regulations establishing minimum construction standards.
1.2 Encourage maintenance and repair of existing housing to prevent City Planning
Department
Buildout
Less than
elsewhere?
Significant
deterioration within the City.
Future Project
of City
Significant
1.3 Monitor the status of at -risk affordable rental housing units, proactively work with potential nonprofit purchasers/managers as appropriate and explore funding sources available to preserve the at -risk units.
Applicant /
Developer
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Mitigation Measures
None Required.
4.14 Public Services
a. Fire
Policies
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.
City Planning
Department
CAL FIRE
PS -1.1 Service Agreements. Maintain contracted essential service agreements through established State and county agencies, including CAL FIRE, RCFD, and RCSD.
Riverside
County Fire
Department
Less than
Buildout
Less than
Significant
PS -1.2 Emergency Plan. Enforce, and periodically update, local emergency plans, such as the City EOP and LHMP, to ensure the most current information is reflected.
Riverside
County
Sheriffs
of City
Significant
PS -1.3 Emergency Response Service. Provide sufficient levels of all emergency response services to protect the health, safety, and welfare of all persons and to protect property in the City.
Department
Future Project
Applicant /
PS -1.6 School Emergency Planning. Coordinate with the Desert Sands Developer
Unified School District to ensure the highest levels of safety and emergency preparedness are instilled in their programs and practices.
PS -1.7 Regional Support System. Continue to participate in automatic and mutual aid agreements with adjacent service providers and regional agencies, such as Coachella Valley Association of Indian Wells General Plan Update Final EIR
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Governments (CVAG) and the Cove Commission, to ensure
efficient and adequate resources, facilities, and support PS -1.8 Community Coordination. Encourage emergency preparedness to be the combined responsibility of the City, in conjunction with the County, Coachella Valley Association of Governments (CVAG), and the State as well as City residents and the business community.
PS -2.1 Building Fire Codes. Require that all buildings and facilities comply with local, state, and federal regulatory standards such as the California Building and Fire Codes as well as other applicable fire safety standards.
PS -2.2 Urban Fire Risks. Work with CAL FIRE/RCFD to maintain an ongoing fire inspection program to reduce fire hazards associated with multifamily development, critical facilities, public assembly facilities, industrial buildings, and nonresidential buildings.
PS -2.3 Fire Hazard Identification. Coordinate with CAL FIRE/RCFD to identify any changes in regional fire hazard severity zones to further reduce fire hazards in the community the community.
PS -2.4 Fire -Prone Building Materials. Restrict, after appropriate public hearings, the use of fire -prone building materials in areas defined by the Fire Department as presenting high -conflagration risk.
PS -2.5 Public Education. Work with RCFD to disseminate educational programs for residents on fire hazard risks and fire safety measures, including evacuation routes, with a special focus on at - risk populations such as seniors.
PS -2.6 Fire Protection Plans. Uphold locally and regionally adopted fire protection plans, including the City of Indian Wells Local Hazard Mitigation Plan, and regularly renew such plans as new
information becomes available.
Actions
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PS -la
Regularly conduct periodic emergency response exercises to test the effectiveness of City emergency response procedures; coordinate with the County and State where multi -jurisdictional efforts are needed.
PS -1b
Coordinate with the County of Riverside to keep the Multi - Jurisdictional Local Hazard Mitigation Plan up to date.
PS -lc
Maintain an Emergency Operations Plan (EOP) that defines the actions and roles necessary to provide a coordinated response within the City before, during, and following extraordinary emergencies associated with natural, manmade, and
technological disasters. An EOP typically has built-in flexibility to allow use in all emergencies and facilitates response and short- term recovery activities. Annually review and update the City's EOP under the provision of the State Emergency Management System format to maximize the efforts of emergency service providers (e.g., fire, medical, and law enforcement) and minimize human suffering and property damage during disasters.
PS -le
Provide community education and self-help programs. In
cooperation with CVAG and other communities in the Valley, distribute periodic safety publications, that discuss available protective services, to the public. Coordinate with local agencies and organizations to develop and distribute informational brochures and give presentations to civic groups and local schools to educate residents and businesses about appropriate actions to take during an emergency.
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
Mitigate, as feasible, existing non -conforming development to contemporary fire safe standards where feasible, including road standards and vegetative hazards.
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PS -2b Review and revise the City LHMP at least every 5 years to reflect current community needs, and to ensure the City continues to receive federal FEMA mitigation assistance.
PS -2c Require that all new habitable structures be designed in accordance with the most recent California Building and Fire Code with local amendments adopted by the City, including the use of fire sprinklers.
PS -2d Work with Riverside County to develop a comprehensive fire plan which forecasts future personnel and equipment needs and require new development to pay its pro -rata share of costs for fire services.
PS -2e Upgrade older water mains in the city as needed to ensure adequate water pressure for firefighting.
Mitigation Measures
None Required.
Police
Policies
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.
City Planning
Department
RM-5.2 Capital Improvements. Maintain and finance the capital Police
Less than
improvement program to ensure the timely implementation of Buildout
Less than
Department
Significant
the General Plan and the adequate and the timely provision of public facility and municipal improvements.
Future Project
of City
Significant
Actions
Applicant /
Developer
PS -la Regularly conduct periodic emergency response exercises to test the effectiveness of City emergency response procedures; coordinate with the County and State where multi -jurisdictional efforts are needed.
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Mitigation Measures
None Required.
Schools
Policies
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.
City Planning
Department
Less than
School District
Buildout
Less than
Significant
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.
Future Project
Applicant /
Developer
of City
Significant
Mitigation Measures
None Required.
Parks
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 City Planning
Department
Less than
Significant
residential areas.
Future Project
Buildout
of City
Less than
Significant
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.
Applicant /
Developer
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.
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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-3.10Accessibility. 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.
RM-3.11Parkland Funding. Actively pursue financing for parkland acquisition and maintenance and allocate sufficient funding to park development to support the community's recreational needs.
RM-3.12Community Support. Collaborate with residents to ensure the City's park and recreation facilities and programs reflect evolving community preferences.
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.
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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.
Mitigation Measures
None Required.
Other Public Facilities
Policies
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.
Less than
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
City Planning
Department
Buildout
Less than
Significant
community, including families, seniors, and persons with disabilities.
Future Project
Applicant /
of City
Significant
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.
Developer
RM-5.2 Capital Improvements. Maintain and finance the capital improvement program to ensure the timely implementation of Indian Wells General Plan Update Final EIR
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the General Plan and the adequate and the timely provision of public facility and municipal improvements.
Actions
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.
Mitigation Measures
None Required.
4.15 Recreation
a. Increase the use of
existing neighborhood
and regional parks or
other recreational
facilities such that
substantial physical
deterioration of the
facility would occur or
be accelerated? (LTS)
Less than
Significant
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-3.5 Facilities for Senior. Cater to the City's senior population by continuing to provide recreational facilities (public and private) in residential areas.
City Planning
Department
Future Project
Applicant /
Developer
Buildout
of City
Less than
Significant
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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-3.10Accessibility. Require that new park facility construction and existing facility retrofits meet accessibility standards defined by the Americans with Disabilities (ADA) and playground safety requirements.
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-3.12Community Support. Collaborate with residents to ensure the City's park and recreational 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.
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RM-3b Require developers to dedicate land based upon the park acreage standard of 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.
Mitigation Measures
None Required.
b. Requires the
Policies
construction or
expansion of
recreational facilities
which might have an
g
Less than
RM-3.6 HOA Collaboration. Collaborate with Homeowners Associations to local -serving recreational facilities and activities that provide g
meet the needs and preferences of all segments of the
g
City Planning
Department
Buildout
Less than
adverse physical effect
on the environment?
Significant
community, including families, seniors, and persons with disabilities
Future Project
Applicant /
of City
Significant
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 Developer
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accordance with Section 20.36.040, Park dedication requirements, of the Indian Wells Municipal Code.
Actions
RM-3b Require developers to dedicate land based upon the park acreage standard of 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.
Mitigation Measures
None Required.
4.16 Transportation
a. Conflict with an
Policies
applicable plan or
policy addressing the
circulation system
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.
City Public
Works and
Less than
Significant
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.
g p
Engineering,
and Planning
Departments
Buildout
of City
Less than
Significant
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 Future Project
Applicant
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 Indian Wells General Plan Update Final EIR
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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), 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 Indian Wells General Plan Update Final EIR
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system with frequent and safe access points and safe for people walking and biking to use.
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 fund 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.
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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
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.
M -lc
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.
M -le
Encourage new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design.
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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.
Mitigation Measures
None Required.
b. Inconsistent with CEQA
Policies
Guidelines section
15064.3, subdivision (b)
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 City Public
(LOS) "D" at intersections during the weekday peak hours.
Works and
Potentially
M-1.3 Traffic Distribution. Maintain a street system that helps to facilitate the distribution traffic throughout the City Engineering,
and Planning
Buildout
Significant
Significant
of and
minimizes congestion, including during special events.
Departments
of City
Impact
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 Future Project
Applicant
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.
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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), 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 Indian Wells General Plan Update Final EIR
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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 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.
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.
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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
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.
M -lc
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.
M -le
Encourage new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design.
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
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.
Mitigation Measures
No Feasible Mitigation.
c. Increase hazards due to
Policies
a geometric design
feature or incompatible
uses?
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.
Less than
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 truck to facilitate
City Public
Works and
Engineering,
and Planning
Buildout
Less than
Significant
a network of routes
goods movement to regional roads and to discourage the use of residential roads.
Departments
Future Project
of City
Significant
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.
Applicant
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M-2.5 Citywide Bicycle Plan. Implement construction of the bike network system by requiring new development to provide bike lanes on public roads and update the plan as needed.
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 Bus Stops. Work with Sunline and other providers to improve bus stop amenities.
M-2.9 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-ld 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.
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.
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
M -2c Create a promotional campaign to encourage walking, biking, carpooling, and alternative modes of transportation to the automobile to improve air quality.
Mitigation Measures
None Required.
d. Result in inadequate
Actions
emergency access?
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.
Less than
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 City Public
Works and
Engineering,
and Planning
Buildout
Less than
Significant
limited to, the following:
Departments
p
of City
Significant
• On -site transportation facilities: streets, curbs, traffic control devices;
Future Project
Applicant
• 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.
Mitigation Measures
None Required.
4.17 Utilities and Service Systems
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
a. Require or result in the
relocation or
construction of new or
expanded water, or
wastewater treatment
or storm water
drainage, electric
power, natural gas, or
telecommunications
facilities, the
Policies
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.
construction or
relocation of which
could cause significant
environmental effects?
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 City Planning
and Public
Works
Less than
Significant
needs within the City.
Departments
Buildout
of City
Less than
Significant
RM-5.5 Sufficient Capacity. Coordinate with CVWD to ensure wastewater facilities provide sufficient capacity for Indian Wells residents.
CVWD
Future Project
RM-5.6 Monitoring and Maintenance. Coordinate with CVWD to ensure wastewater infrastructure conditions are monitored and facilities are adequately maintained.
Applicants
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.
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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 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.
RM-5b 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.
RM-5c Periodically survey residents to assess the perceived adequacy of City services and facilities.
RM-5d Work with CVWD 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 CVWD to ensure adequate wastewater facilities are provided and maintained in the community. Specifically, the City should:
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• 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 participation of the extension of utilities.
Mitigation Measures
None Required.
b. Would the project have
Policies
sufficient water
supplies available to
serve the project and
reasonably foreseeable
future development
during normal, dry, and
y
RM-6.1 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.
City Planning
and Public
Works
multiple dry years?
Less than
Departments
Buildout
Less than
Significant
RM-6.2 Groundwater Management. Protect the underlaying water basin from overextraction by encouraging sustainable
groundwater recharge and management.
CVWD
Future Project
of City
Significant
Applicants
RM-6.3 Conservation. Encourage the use of water conserving appliances and fixtures in all new developments, required by state law.
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RM-6.4 Water Saving Design. Incorporate water -wise native landscaping or alternative water saving materials (i.e. artificial turf) whenever feasible with the City.
RM-6.5 Non -Potable Waterlines. Continue to support the extension of non -potable waterlines for irrigation use, especially to Highway 111, local businesses, and
Homeowners Associations.
RM.6.6 Reclaimed Water. Encourage water -intensive land uses, such as golf courses, to utilize reclaimed water, where feasible for landscaping and irrigation needs.
RM-6.7 Education. Strengthen education programs related to water protection and conservation.
Actions
RM-6a Periodically review and update, as needed, the City's Water Efficient Landscape Ordinance to optimize conservation and comply with State Assembly Bill 325.
RM-6b Recommend the establishment incentives/funding for projects or residences that implement water conservation measures.
RM-6c 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.
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.
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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 utilize 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
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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:
• 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 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.
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RM-6k Work with CVWD to expedite the improvement and
expansion of water and reclaimed water facilities when
necessary.
Mitigation Measures
None Required.
b. Would the project
result in a
determination by the
wastewater treatment
provider which serves
Policies
RM-6k Work with CVWD to expedite the improvement and
expansion of water and reclaimed water facilities when
necessary.
City Planning
and Public
Works
or may serve the
Less than
Departments
Buildout
Less than
project that it has
Significant
Mitigation Measures
CVWD
of City
Significant
adequate capacity the
project's projected
demand in addition to
None Required.
Future Project
Applicants
the provider's existing
commitments? (LTS)
d/e. Would the project
generate solid waste in
Policies
RM-7.1 Compliance with State Legislation. Comply with local, regional excess of State or local
standards, or in excess
of the capacity of local
infrastructure, or
otherwise impair the
attainment of solid
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 City Planning
and Public
Works
waste reduction goals;
Less than
businesses, including programs that improve public access to solid Departments
Buildout
Less than
comply with federal,
state, and local
management reduction
statutes and
regulations related to
solid waste?
Significant
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 Burrtec
Future Project
Applicants
of City
Significant
Badlands Landfill and the Lamb Canyon Sanitary Landfill.
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
RM-7.4 Recycled Product Use. Encourage the salvage and reuse of building materials and recycled products in new construction and remodel projects.
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 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.
RM-7c 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:
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4.0 MITIGATION MONITORING AND REPORTING PROGRAM
• Increased participation in residential curbside recycling programs;
• Increased participation in commercial and industrial
recycling programs for paper, cardboard, and plastics;
• Reduce yard and landscaping waste through methods such as composting, grass recycling, and using resource efficient landscaping techniques; and
• 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-7e Continue to enforce and monitor required diversion rates pursuant to the requirements contained in Chapter 16.75. of the Municipal Code.
RM-7f 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.
RM-7g 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 landfills and ensure adequate landfill capacity in the region.
RM-7h Work with appropriate service providers to collect and compost greenwaste, including landscaping, Christmas trees, composting and much, and other sources of organic waste, to distribute for use in parks, medians, and other municipal areas.
RM-7i 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.
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ATTACHMENT #7 Council Agenda- February 13, 2025
CEQA FINDINGS OF FACT AND
STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING THE
FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE INDIAN WELLS GENERL PLAN UPDATE
ENVIRONMENTAL IMPACT REPORT
STATE CLEARINGHOUSE NO. 2024071208
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Council Agenda- February 13, 2025
Table of Contents
I. SUMMARY OF FINDINGS 5
II. PROCEDURAL COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT 5
A. PUBLIC NOTIFICATION AND OUTREACH 5
B. FINAL ENVIRONMENTAL IMPACT REPORT AND CITY COUNCIL
PROCEEDINGS 6
C. RECORD OF PROCEEDINGS 7
D. CUSTODIAN AND LOCATION OF RECORDS 8
E. PROJECT DESCRIPTION 8
F. PROJECT OBJECTIVES 9
III. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS 9
A. INTRODUCTION 9
Statutory Requirements for Findings 10
Findings 12
Project Environmental Report and Discretionary Actions 13 Format 13
B. FINDINGS REGARDING NO ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION 14
Issues Deemed No Impact 14
Findings on "No Impact" 14
1. Agriculture and Forestry Resources 15
2. Geology and Soils 16
3. Hazards and Hazardous Materials 16
4. Land Use and Planning 17
5. Mineral Resources 18
6. Noise 18
7. Wildfire 18
C. FINDINGS REGARDING LESS THAN SIGNIFICANT ENVIRONMENTAL IMPACTS THAT CONTINUE TO BE LESS THAN SIGNIFICANT 20
Findings on "Less Than Significant Impacts" 20
1. Aesthetics 21
2. Air Quality 24
3. Biological Resources 37
4. Energy Resources 40
5. Greenhouse Gas Emissions 52
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6. Hazards and Hazardous Materials 65
7. Hydrology and Water Quality 74
8. Land Use and Planning 103
9. Population and Housing , 108
10. Public Services 115
11. Recreation 128
12. Transportation 133
13. Utilities and Service Systems 145
D. FINDINGS ON SIGNIFICANT ENVIRONMENTAL IMPACTS THAT CAN BE REDUCED TO A LESS THAN SIGNIFICANT LEVEL 158
1. Aesthetics 158
2. Biological Resources 162
3. Cultural and Tribal Cultural Resources 171
4. Geology and Soils 179
5. Hazards and Hazardous Materials 196
6. Noise 198
E. SIGNIFICANT AND UNAVOIDABLE SIGNIFICANT IMPACTS THAT CANNOT BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE 207
1. Agriculture and Forestry Resources 207
2. Transportation 210
F. CUMULATIVE IMPACTS 214
1. Aesthetics 214
2. Agriculture and Forestry Resources 215
3. Air Quality 215
4. Biological Resources 216
5. Cultural Resources 217
6. Energy 217
7. Geology and Soils 217
8. Greenhouse Gas Emissions 218
9. Hazards and Hazardous Materials 218
10. Hydrology and Water Quality 218
11. Land Use and Planning 219
12. Noise 219
13. Population and Housing 220
14. Public Services 220
15. Recreation 221
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16. Transportation 221
17. Utilities and Service Systems 222
IV. ALTERNATIVES TO THE PROPOSED PROJECT 223
A. RATIONALE FOR SELECTING POTENTIALLY FEASIBLE ALTERNATIVES 224 B. ALTERNATIVES CONSIDERED AND REJECTED DURING THE
SCOPING/PROJECT PLANNING PROCESS 225
1. Alternate Location 225
2. Additional Residential 226
C. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS 226
1. No Project —Current General Plan Buildout Alternative 226
2. Medical Offices and Convalescent Homes Alternative 227 D. ENVIRONMENTALLY SUPERIOR ALTERNATIVE 228
V. ADDITIONAL CEQA CONSIDERATIONS 229
A. SIGNIFICANT IRREVERSIBLE CHANGES DUE TO THE PROJECT 229 B. GROWTH -INDUCING IMPACTS OF THE PROPOSED PROJECT 230 VI. FINDINGS ON RESPONSES TO COMMENTS ON THE Draft EIR AND REVISIONS TO THE Final EIR 233
VII. STATEMENT OF OVERRIDING CONSIDERATIONS 234
A. SIGNIFICANT AND UNAVOIDABLE IMPACTS 234
1. Agricultural Resources 234
2. Transportation 234
B. PROJECT BENEFITS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS 235
1. Implements the Objectives Established for the Proposed Project 235
2. Goals That Achieve Objectives 235
3. Provides Employment Opportunities and Economic Benefits 238 C. Conclusion 238
VIII. MITIGATION MONITORING AND REPORTING PROGRAM 239
IX. CERTIFICATION 239
X. ATTACHMENT I: Index 240
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Exhibit B
I. SUMMARY OF FINDINGS
The City Council hereby finds that it has been presented with the Environmental Impact Report (EIR), which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The City Council finds that the EIR reflects the independent judgment and analysis of the City. The City Council declares that no evidence of new significant impacts or any new information of "substantial importance," as defined by State CEQA Guidelines Section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings.
II. PROCEDURAL COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The City published a Draft EIR on November 7, 2024. A Final EIR was prepared in January of 2025 in compliance with CEQA requirements. The Final EIR has been prepared in accordance with CEQA and the CEQA Guidelines, as amended. As authorized in State CEQA Guidelines Section 15084(d)(2), the City retained a consultant to assist with the preparation of the environmental documents. City staff from multiple departments, representing the Lead Agency, have directed, reviewed, and modified where appropriate all material prepared by the consultant. The Final EIR reflects the City's independent analysis and judgement. The key milestones associated with the preparation of the EIR are summarized below. As presented below, an extensive public involvement and agency notification effort was conducted to solicit input on the scope and content of the EIR and to solicit comments on the results of the environmental analysis presented in the Draft EIR.
A. PUBLIC NOTIFICATION AND OUTREACH
In conformance with CEQA, the State CEQA Guidelines, and the City of Indian Wells CEQA Guidelines, the City of Indian Wells conducted an extensive environmental review of the Proposed Project.
• Completion of a Notice of Preparation (NOP) for a Draft EIR (DEIR) on July 31, 2024. The public review period extended from July 31, 2024, to August 29, 2024. The NOP was published in the Desert Sun on July 31, 2024. The NOP was posted at the Riverside County Clerk's office on July 31, 2024. Copies of the NOP were made available for public review at the City of Indian Wells City Hall and the City's website.
• Completion of the scoping process where the public was invited by the City to participate in a scoping meeting for the Draft EIR was held on Thursday, September 12, 2024, at 1:00 pm at the Indian Wells City Hall Executive Conference Room and via Zoom. The notice of a public scoping meeting was sent out to interested parties and via an email blast on August 29, 2024.
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Council Agenda- February 13, 2025
• Preparation of a Draft EIR, which was made available for a 45 -day public review period beginning November 7, 2024, and ending December 23, 2024. The scope of the Draft EIR was determined based on the CEQA Guidelines Appendix G Checklist, comments received in response to the NOP, and comments received in response to the scoping meetings conducted by the City of Indian Wells. Chapter 4, Environmental Analysis, of the Draft EIR describes the issues identified for analysis in the Draft EIR. The Notice of Availability (NOA) for the Draft EIR was sent to interested persons and organizations, uploaded to the Office of Planning and Research (OPR) website, posted by the Riverside County Clerk, published in the Desert Sun, posted at the City of Indian Wells, and the City website on November 6, 2024 and November 7, 2024. Additionally, copies of the Draft EIR were made available for review at the City Hall and on the City's website. ■ Preparation of a Final EIR, including the responses to comments to the Draft EIR. The Final EIR was released for a 10 -day agency review period prior to certification of the Final EIR. • Public hearings on the Proposed Project, including a Planning Commission hearing and a City Council hearing.
In summary, the City conducted all required noticing and scoping for the Proposed Project in accordance with Section 15083 of the CEQA Guidelines, and conducted the public review for the EIR, which exceeded the requirements of Section 15087 of the CEQA Guidelines.
B. FINAL ENVIRONMENTAL IMPACT REPORT AND CITY COUNCIL
PROCEEDINGS
The City prepared a Final EIR, including Responses to Comments to the Draft EIR. The Final EIR/Response to Comments contains comments on the Draft EIR, responses to those comments, revisions to the Draft EIR, and appended documents. A total of four comment letters were received.
All of the comment letters were from public agencies. The public will have another opportunity to comment on the proposed project during the public hearing period during the scheduled Planning Commission and City Council meetings.
The Final EIR found that prior to the implementation of the proposed General Plan Update (GPU) policies and actions, implementation of the GPU would result in potentially significant impacts to Aesthetics, Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, and Noise.
However, the GPU's proposed policies and actions avoid or reduce all of these impacts to levels considered less than significant. The proposed policies and actions also continue to support less than significant findings related to Aesthetics (scenic resources with state scenic highway, degrade visual character or conflict with applicable zoning governing scenic quality), Air Quality, Biological Resources (movement of native resident or migratory fish or wildlife species or wildlife corridor, local policies or ordinances protecting biological resources, or a habitat conservation plan, or other approved plan), Energy Resources, Greenhouse Gas Emissions, Hazards, Hydrology and Water Quality, Land Use and Planning, Population and Housing, Public Services, Transportation, and Utilities.
The Final EIR determined that the proposed GPU would result in no impacts to Agricultural Resources (Williamson Act contract, rezoning of forest land or timberland, result in loss of forest land or timberland), Geology and Soils (rupture of a known fault and septic tanks), Hazards (located near Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations -6-
Council Agenda- February 13, 2025
an airport), Land Use and Planning (physically divide an established community), Noise (excessive noise due to proximity to an airport), Mineral Resources, and Wildfires.
However, the Final EIR found that despite the implementation of the General Plan Update policies and actions, impacts to Agricultural Resources (loss of Prime, Unique or Statewide Farmland, and converting agricultural use to non-agricultural use) and Transportation (vehicle miles traveled) were determined to be significant and unavoidable. A Statement of Overriding Considerations was prepared for the Council's consideration.
Members of the public can view searchable agendas for scheduled City Council meetings and access agenda -related City information and services directly on the following website:
htt?s:// www.cityofindianwells.org/city-hall/current-future-agendas The Final EIR document will be posted on the City's website for viewing and download with the previously posted Draft EIR prior to the City's consideration of the Final EIR and project recommendations.
A date for consideration of the Final EIR and project recommendations at the City Council was set for the Proposed Project, and notice of the meeting was provided consistent with the Brown Act (Government Code Sections 54950 et seq.). The City Council will take testimony on the Proposed Project and may continue on its calendar to a subsequent meeting date in its discretion.
C. RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings, the Record of Proceedings for the Proposed Project consists of the following documents and other evidence, at a minimum:
• The NOPs, NOA, and all other public notices issued by the City in conjunction with the Proposed Project.
• The Draft EIR and Final EIR for the Proposed Project. • All written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR.
• All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR.
• All written and verbal public testimony presented during a noticed public hearing for the Proposed Project.
• The Mitigation Monitoring and Reporting Program.
• The Statement of Overriding Considerations.
• The reports and technical studies included or referenced in the Final EIR.
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• All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR and Final EIR.
• The Resolutions adopted by the City in connection with the Proposed Project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto.
• Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations.
• Any documents expressly cited in these Findings.
• Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e).
D. CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials that constitute the administrative record for the City's actions related to the Proposed Project are at the City of Indian Wells's City Hall at 44-950 El Dorado Drive, Indian Wells, CA 92210. The City Planning Department is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are, and at all relevant times have been and will be, available upon request at City Hall. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Guidelines Section 15091(e).
E. PROJECT DESCRIPTION
The City of Indian Wells is preparing a comprehensive update to the General Plan, which was adopted and updated at various times between 1988 and 2024. General plans are required by State law to guide land use and development, typically within a 20 -year horizon. General plans must be periodically updated to respond to new State laws, changing conditions, and emerging issues and opportunities.
The General Plan Update (GPU) will address all State -required topics (land use, circulation, housing, open space, noise, safety, and conservation) and other topics of local importance, including community design, sustainability, economic development, and public facilities. The General Plan Planning Area comprehensively covers the entire City boundary and provide additional guidance for potential future development. The City's GPU will include goals, policies, and actions that set the long-term plan (blueprint) for potential future development in the City. The proposed project will build off the current General Plan and provide a framework for land use decisions, and direct future growth within Indian Wells through the year 2040.
The GPU includes an update to the City's Land Use Map. The project proposes to change the current land use designation at two locations: (1) from Golf and Recreation to Resort Commercial, and (2) Community Commercial to Resort Commercial. These areas where the proposed land use change would occur is located north of Highway 111 and east and west of Miles Avenue. This is indicated in the table below.
Table 1 Updates to the Land Use Plan
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Location
APN
Existing Use
Current Land Use
Designation
Proposed Land Use
Designation (GPU)
1 633-150-077 &
633-150-071
Golf Course
Golf and Recreation
Resort Commercial
2 633-310-035 &
633-410-051
Vacant
Community Commercial
Resort Commercial
In addition, 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.
Buildout of the proposed General Plan 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).
F. PROJECT OBJECTIVES
Objectives for the Project will aid decision -makers in their review of the project and associated environmental impacts:
1. Maintain the City's residential -resort lifestyle.
2. Accommodate a range of land uses (commercial, residential, open space, and public uses).
3. Maintain adequate sites to accommodate the City's Regional Housing Needs Allocation (RHNA).
4. Develop a diverse set of land uses including employment -generating land uses that create new jobs and ensure long-term economic benefits and stability for the City of Indian Wells.
5. Promote the development of a connected community that is enhanced by sidewalks, shade from trees, pedestrian benches, safe pedestrian crossings, and landscaping along streets, and providing buffers between surrounding uses.
6. Encourage the development of a multimodal circulation network that provides a safe and efficient level of connectivity for vehicles, bicyclists, pedestrians, and transit users.
7. Provide adequate infrastructure, services, and utilities to meet the needs of the community by requiring new developments to pay their fair share for required improvements.
III. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
A. INTRODUCTION
CEQA requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code.
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This document provides the findings required by CEQA. The potential environmental effects of the Indian Wells General Plan Update (Proposed Project) have been analyzed in a Draft EIR (State Clearinghouse [SCI -I] 2024071208) dated November 2024. A Final EIR (Final EIR) has also been prepared that incorporates the Draft EIR and contains comments received on the Draft EIR, responses to the individual comments, revisions to the Draft EIR including any clarifications based on the comments and the responses to the comments, and the Mitigation Monitoring and Reporting Program (MMRP) for the Proposed Project. This document provides the findings required by CEQA for approval of the Proposed Project.
Statutory Requirements for Findings
The CEQA (Pub. Res. Code Section 21000 et seq.) and the State CEQA Guidelines (Guidelines) (14 Ca. Code Regs Section 15000 et seq.) promulgated thereunder require that the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Guidelines Section 15091 provides:
(a)
(b)
No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
The findings required by subsection (a) shall be supported by substantial evidence in the record.
(c) The finding in subdivision (a) (2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen Indian Wells General Plan Update
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significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.
(e)
(f)
The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.
A statement made pursuant to Section 15093 does not substitute for the findings required by this section.
The "changes or alterations" referred to in Section 15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or environments, including through permanent protection of such resources in the form of conservation easements.
As indicated above, Public Resources Code Section 21002 requires an agency to "avoid or substantially lessen" significant adverse environmental impacts. Thus, mitigation measures that "substantially lessen" significant environmental impacts, even if not completely avoided, satisfy section 21002's mandate. (Laurel Hills Homeowners Assn. v. City Council (1978) 83 Cal.App.3d 515, 521 ["CEQA does not mandate the choice of the environmentally best feasible project if through the imposition of feasible mitigation measures alone the appropriate public agency has reduced environmental damage from a project to an acceptable level"]; Las Vitgenes Homeowners Fed., Inc. v. County of Los Angeles (1986) 177 Cal.
App. 3d 300, 309 ["[t]here is no requirement that adverse impacts of a project be avoided completely or reduced to a level of insignificance . . . if such would render the project unfeasible"].) While CEQA requires that lead agencies adopt feasible mitigation measures or alternatives to substantially lessen or avoid significant environmental impacts, an agency need not adopt infeasible mitigation measures or alternatives. (Pub. Resources Code Section 21002.1(c) [if "economic, social, or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency"]; see also State CEQA Guidelines, Section 15126.6(a) [an "EIR is not required to consider alternatives which are infeasible."]) CEQA defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, Indian Wells General Plan Update
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social, and technological factors" (Pub. Resources Code, Section 21061.1). The State CEQA Guidelines add "legal" considerations as another indicium of feasibility. (State CEQA Guidelines, Section 15364.) Project objectives also inform the determination of "feasibility." (Jones v. U C Regents (2010) 183 Cal.
App. 4th 818, 828-829.) ""[F]easibility' under CEQA encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 401, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) "Broader considerations of policy thus come into play when the decision making body is considering actual feasibility[.]" (Cal. Native Plant Socy v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1000; see also Pub.
Resources Code, Section 21081(a) (3) ["economic, legal, social, technological, or other considerations" may justify rejecting mitigation and alternatives as infeasible.]) Environmental impacts that are less than significant do not require the imposition of mitigation measures. (Leonoff v. Monterey County Board of Supervisors (1990) 222 Ca1.App.3d 1337, 1347.) The California Supreme Court has stated, "[t]he wisdom of approving . . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 576.) In addition, perfection in a project or a project's environmental alternatives is not required; rather, the requirement is that sufficient information be produced "to permit a reasonable choice of alternatives so far as environmental aspects are concerned." Outside agencies (including courts) are not to "impose unreasonable extremes or to interject [themselves] within the area of discretion as to the choice of the action to be taken." (Residents Ad Hoc Stadium Com. v. Board of Trustees (1979) 89 Cal.App.3d 274, 287.) Findings
Having received, reviewed, and considered the EIR for the No. 2024071208, as well as other information in the record of proceedings on this matter, the City of Indian Wells Council adopts the following Findings in its capacity as the legislative body for the City of Indian Wells (City), which is the CEQA Lead Agency. The Findings set forth the environmental and other bases for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the Proposed Project.
In addition, the City of Indian Wells City Council (City Council) hereby makes findings pursuant to and in accordance with Section 21081 of the California Public Resources Code and State CEQA Guidelines Sections 15090 and 15091 and hereby certifies that:
(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
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(3)
Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
Project Environmental Report and Discretionary Actions
The Final EIR addresses the direct, indirect, and cumulative environmental effects of construction and operation activities associated with the Proposed Project. The Final EIR provides the environmental information necessary for the City to make a final decision on the requested discretionary actions for all phases of this project. The Final EIR was also intended to support discretionary reviews and decisions by other responsible agencies.
Discretionary actions to be considered by the City may include, but are not limited to, the following:
• Approve the Proposed Project; adopt the MMRP, finding that the MIVIRP is adequately designed to ensure compliance with the mitigation measures during project implementation; and determine that the significant adverse effects of the project either have been reduced to an acceptable level, or are outweighed by the specific overriding considerations of the project as outlined in the CEQA Findings of Fact, as set forth herein.
• Approve the Proposed Project and related discretionary actions.
Format
Section 15091 of the CEQA Guidelines requires that a Lead Agency make a finding for each significant effect for the project. This section summarizes the significant environmental impacts of the project, describes how these impacts are to be mitigated, and discusses various alternatives to the Proposed Project, which were developed in an effort to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated in the findings.
The remainder of this section is divided into the following subsections:
Section III B, Findings Regarding No Environmental Impacts and Not Requiring Mitigation, presents topical areas in the Draft EIR that would result in no impact, and no GPU policies, actions or mitigation measures are necessary.
Section III C, Findings on Less than Significant Environmental Impacts that Continue to be Less than Significant, presents topical areas in the Draft EIR that would continue to result in less than significant impacts with the implementation of GPU policies and actions.
Section III D, Findings on Significant Environmental Impacts That Can Be Reduced to Less Than Significant, presents significant impacts of the Proposed Project that were identified in the Final EIR, the mitigation measures identified in the MMRP, and the rationales for the findings.
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Section III E, Significant Unavoidable Impacts That Cannot Be Mitigated to Below the Level of Significance, presents significant unavoidable impacts of the Proposed Project that were identified in the Final EIR, the mitigation measures identified in the MMRP, and the rationales for the findings.
Section III F, Cumulative Impacts, presents the summary of cumulative impacts of the Proposed Project.
Section IV, Alternatives to the Proposed Project, presents alternatives to the project and evaluates them in relation to the findings set forth in Section 15091(a)(3) of the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of specific economic, social, or other considerations.
Section V, Additional CEQA Considerations, presents additional CEQA considerations, including significant irreversible changes due to the Proposed Project and growth -inducing impacts of the Proposed Project.
Section VI, Findings on Responses to Comments on the Draft EIR and Revisions to the Final EIR, presents the City's findings on the response to comments and revisions to Final EIR, and decision on whether a recirculated Draft EIR is necessary or not.
Section VII, Statement of Overriding Considerations, presents a description of the Proposed Project's significant and unavoidable adverse impacts and the justification for adopting a statement of overriding consideration.
Section VIII, Mitigation Monitoring Reporting Program, presents the Mitigation Monitoring and Reporting Program.
Section IX, Certification, identifies the requirements for certification of the EIR.
Attachment I, Index, provides an index of each threshold question and their location within this Findings document.
B. FINDINGS REGARDING NO ENVIRONMENTAL IMPACTS NOT REQUIRING
MITIGATION
Issues Deemed No Impact
Pursuant to CEQA Guidelines Section 15060(d) and 15063 that allow a lead agency to begin work r irectly on the EIR process, an NOP was issued with an Initial Study.
Findings on "No Impact"
Based on the environmental assessments in the Final EIR, the City determined that the Proposed Project would have no impact, including direct, indirect, and cumulative impacts, for the environmental issues summarized below. The rationale for the conclusion that no significant impact would occur in each of the issue areas is based on the environmental evaluation in the listed topical EIR sections in Indian Wells General Plan Update
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Sections 4.1 through 4.17 of the Draft EIR, which include Environmental Setting, Environmental Impacts, Cumulative Impacts, and Mitigation Measures.
The EIR concluded that some of the impacts of the Proposed Project would result in no impacts as detailed in Chapter 4 of the Draft EIR. Those issues include the following topical areas in their entirety or portions thereof: Agriculture and Forestry Resources, Geology and Soils, Hazards and Hazardous Materials, Land Use and Planning, Mineral Resources, Noise, and Wildfire. These no impact determinations are discussed below. See Attachment I (Index) at the end of this document for the threshold impact and the location of the discussion.
CEQA Guidelines Section 15901 mandates that an EIR may not be certified for a project which has one or more significant environmental effects unless one of three possible findings is made for each significance effect. Since the following environmental issue areas were determined to have no impact, the findings for these issues are not required but are provided informationally.
1. Agriculture and Forestry Resources
Impact 4.2 b: The GPU would not conflict with existing zoning for agricultural use or a Williamson Act contract.
According to the California Department of Conservation California Williamson Act Enrollment Finder, there is no land within the City that is designated under the Williamson Act. Zoning for agricultural use does not occur within the project boundaries. Therefore, there would be no impact.
Finding. The Proposed Project would have no direct or indirect impacts relating to conflict with existing zoning for agricultural use or a Williamson Act contract. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pg. 4.2-6)
Impact 4.2 c&d: The GPU would not conflict with existing zoning for forest land, timberland, or timberland zoned Timberland Production, or result in the loss of forest land or conversion of forest land to nonforest use.
The City of Indian Wells does not have land designated as forest land, timberland, or timberland zoned Timberland Production within the City boundaries. Additionally, these activities do not occur within the City. Therefore, implementation of the proposed project would not conflict with zoning or rezoning of forest land, timberland, or timberland zoned Timberland Production, or result in the loss of forest land or conversion of forest land to non -forest use. Impacts are not expected.
Finding. The Proposed Project would have no direct or indirect impacts to lands zoned for forestland, timberland, or timberland zoned Timberland Production. Additionally, the Proposed Project would not result in the loss of forestland or conversion to nonforest use. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pg. 4.2-6) Indian Wells General Plan Update
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2. Geology and Soils
Impact 4.7 a(i):The GPU would not result in adverse effects involving the rupture of a known fault.
Due to the City's distance from faults, rupture in the City is not anticipated to occur. The closest fault, the San Andres Fault, is approximately 5 miles northeast of the City boundaries. Therefore, no impact is expected.
Finding. The Proposed Project would have no direct or indirect impacts relating to rupture of a known fault. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pg. 4.7- 22)
Impact 4.7 e: The GPU would not have soils incapatible of adequately supporting the use of septic tanks or alternative wastewater disposal systems.
Any new development within the City would not be serviced by septic tanks or alternative wastewater disposal systems. Therefore, there would be no impact.
Finding. The Proposed Project would not have r irect or indirect impacts relating to soils for septic tanks or alternative wastewater disposal systems. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pg. 4.7-39)
3. Hazards and Hazardous Materials
Impact 4.9 e: The GPU is not located within an airport land use compatibility plan area and would not result in a safety hazard or excessive noise associated with airports.
The City of Indian Wells is located approximately 2 miles southwest of the closest airport, the Bermuda Dunes Airport. The City is not located within the Bermuda Dunes Land Use Compatibility Plan. Due to the Planning Area's distance from the closest airport, the GPU would not result in a safety hazard or excessive noise for people residing or working in the City associated with an Airport Land Use Compatibility Plan. No impacts are expected.
Finding. The Proposed Project would have no direct or indirect impacts relating to safety hazards or excessive noise related to airports. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pg. 4.9-29)
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Impact 4.9 f: The GPU would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.
The City's adopted Local Hazard Mitigation Plan addresses the planned response to extraordinary emergency situations associated with natural or human caused disasters. The Local Hazard Mitigation Plan is continually updated, with its latest update adopted in January 2023. The main evacuation routes in the City include Highway 111, Washington Street, Fred Waring Drive, and Cook Street.
The Community Safety Element of the proposed GPU identifies safety hazards relevant to the City of Indian Wells, and emergency preparedness in the City. Adoption of the GPU would allow a variety of new developments, including residential, commercial, resort, and public projects. Road and infrastructure improvements would occur to accommodate new growth. Given that the type, location, and size of future development and infrastructure projects are not known at this time, there is the potential that the City could receive a development proposal that could potentially interfere with an established emergency evacuation route or plan. Therefore, future development proposed within the GPU area would be required to be reviewed and approved by the fire and police departments prior to issuance of building permits to ensure appropriate access. The City's and future project's coordination with fire and police departments would ensure that future projects would not interfere with emergency response or evacuation plans.
Finding. The Proposed Project would have no direct or indirect impacts relating to the interference with an adopted emergency response plan or emergency evacuation plan. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pg. 4.9-29)
4. Land Use and Planning
Impact 4.11 a: The GPU would not divide an established community.
The proposed GPU establishes the City's vision for future growth and development. The land uses allowed under the proposed GPU provide opportunities for cohesive new growth at vacant in -fill locations within existing urbanized areas of the City, as well as new growth adjacent to existing urbanized areas, but would not create physical division within the community. New development and redevelopment projects would be designed to complement the character of the existing community and neighborhoods and provide connectivity between existing development and new development.
The proposed General Plan Land Use Map designates sites for a range of urban and rural developed uses as well as open space. The proposed GPU does not include any new areas designated for urbanization or new roadways, infrastructure, or other features that would divide existing communities.
The proposed GPU would not result in impacts associated with the physical division of an established community.
Finding. The Proposed Project would have no direct or indirect impacts relating to physical division of an established community. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pp. 4.11-16 - 4.11-17)
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5. Mineral Resources
Impact MR a&b: Implementation of the GPU would not result in the loss of or availability of a known mineral resource.
The northeastern portion of the City is in zone MRZ-3. This zone is an area which contains mineral deposits, but their significance cannot be determined based on available data. The remaining areas of the City are within zone MRZ-1. This zone is an area where adequate information indicates that there are no significant mineral deposits present or where it is judged that there is little likelihood of their presence. No impacts are expected related to the loss of availability of known mineral resources.
Mineral resources that are known to exist in the Coachella Valley region primarily consist of sand and gravel (aggregate) typically deposited along and near local drainages. Aggregate material is deemed necessary to the local building industry as a component of asphalt, concrete, road base, stucco and plaster. Local or regional construction industries tend to be dependent on readily available aggregate deposits within reasonable distance to the market region. The City is not recognized as a mineral resource recovery site delineated in the County of Riverside General Plan, or the resource maps prepared pursuant to SMARA. No impacts are expected as a result of GPU implementation.
Finding. The Proposed Project would have no direct or indirect impacts relating to the known availability of a mineral resource and to the availability of locally -important mineral resource recovery site. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pg. 6-5)
6. Noise
Impact 4.12 c: The GPU would not result in excessive noise levels due to proximity to an airport or private airstrip.
The closest airport to the project site is the Bermuda Dunes Airport, located approximately 2 miles northeast of the City of Indian Wells. The City is located outside of the 65, 60, and 55 CNEL noise contours associated with the airport facility. Furthermore, the City is not located within the Bermuda Dunes Airport Land Use Plan planning area. Therefore, no noise impacts associated with airports are expected.
Finding. The Proposed Project would have no direct or indirect impacts relating to airport -related noise. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pg. 4.12- 42)
7. Wildfire
Impact WF a -d: The GPU would not substantially impair an adopted emergency response plan or emergency evacuation plan; exacerbate wildfire risks; require the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing environmental impacts; or Indian Wells General Plan Update
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expose people or structure to significant risks as a result of post -fire slope instability or drainage change.
The City of Indian Wells is situated along the foothills of the Santa Rosa Mountains. Wildfire risk is related to a number of parameters, including fuel loading (vegetation), fire weather (winds, temperature, humidity levels, and fuel moisture contents), and topography (degree of slope). Steep slopes contribute to fire hazards by intensifying the effects of wind to make fire suppression difficult. Fuels such as grass are highly flammable because they have a high surface area to mass ratio and require less heat to reach the ignition point. Although the developed areas within Indian Wells lie adjacent to the slopes of the Santa Rosa Mountains, the combination of the desert environment and the lack of vegetation along the slopes are not conducive to generate and fuel wildfires.
CAL FIRE conducts fire hazard severity mapping, including mapping areas of significant fire hazards based on fuels, terrain, weather, and other relevant factors. These zones, referred to as Fire Hazard Severity Zones (FHSZ), define the application of various mitigation strategies and influence how buildings are constructed and how property is protected within State Responsibility Areas (SRAs) to reduce risk associated with wildland fires. In addition, CAL FIRE must recommend Very High Fire Hazard Severity Zones (VHFHSZ) identified within any Local Responsibility Area (LRA). According to the California Fire Hazard Severity Zone Viewer, there are no FHSZ zones located within the GPU Planning Area and no threat of wildland fire. Likewise, there are no VHFHSZ zones within the Planning Area.
Federal Responsibility Areas (FRAs) are lands administered or controlled by the Federal Government for which federal agencies have administrative and protection responsibility. There are five FRAs within the mountainous areas that serve as the backdrop for Indian Wells. However, the areas adjacent to the established FRAs are designated for open space uses. Development is not proposed in areas adjacent to the mountainous areas of the City. Therefore, buildout of the City per the GPU is not expected to expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire. Moreover, the project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires because the site and surrounding areas do not have dense vegetation or steep slopes, conducive for the spread of wildfires.
Buildout of the City per the GPU will provide development of infrastructure (water, sewer, and storm drainage). Development within the City will be required to comply with building standards and guidelines to reduce potential impacts of fires, resulting in decreased fire risk. The GPU would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Highway 111, Fred Waring Drive, Washington Street, and Cook Street provide regional access to the City. Emergency access is provided throughout the City. The City of Indian Wells has its own fire station, at 44900 Eldorado Drive, and police station at 44850 Eldorado Drive. The General Plan Update would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan because it will provide emergency fire access to the various communities throughout the City and will not alter the City's existing street system. Emergency access would be compliant with the standards of the Fire Department to ensure proper vehicular access for emergency vehicles to the developed and undeveloped areas. As a result, the General Plan Update is not expected to require the installation or maintenance of associated Indian Wells General Plan Update
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infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment.
Due to the character of the urbanized areas of the City, fires would primarily be associated with structures, trash/debris, and vehicle fires. Structure fires, including homes, commercial buildings, and other facilities are of the greatest concern due to the potential for loss of life as well as property.
Generally, the risk of injury and damage is greater for higher occupancy structures such as condominiums, apartment buildings, and hotels. In addition, higher density areas are of increased concern due to the larger number of people residing within a concentrated area and the potential for fires to spread from one structure to another. However, Indian Wells is community with a relatively low population density and generally good emergency access. As stated above, wildfires are not expected to occur within the City due to the lack of fuel surrounding the City. Therefore, the project would not expose people or structures to significant risks, including downslope, or downstream flooding, or landslides, as a result of runoff, post -fire slope instability, or drainage changes as a result of a wildfire. No impacts are anticipated.
Buildout of the GPU is not anticipated to be impacted by wildfires.
Finding. The Proposed Project would have no direct or indirect impacts relating to wildfire risk.
Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. (Draft EIR pp. 6-6 - 6-7.) C. FINDINGS REGARDING LESS THAN SIGNIFICANT ENVIRONMENTAL
IMPACTS THAT CONTINUE TO BE LESS THAN SIGNIFICANT
Findings on "Less Than Significant Impacts"
Based on the environmental assessments in the Final EIR, the City determined that the Proposed Project would have less than significant impacts, incluc ing direct, inc. irect, and cumulative impacts, for the environmental issues summarized below. The rationale for the conclusion that less than significant impact would occur in each of the issue areas is based on the environmental evaluation in the listed topical EIR Sections 4.1 through 4.17 of the Draft EIR, which include Environmental Setting, Project Impacts, Cumulative Impacts, and Mitigation Measures.
The EIR concluded that all or some of the impacts of the Proposed Project with respect to the following issues will continue to be less than significant with the implementation of existing State and local regulatory requirements, and GPU proposed policies and actions as detailed in Sections 4.1 through 4.17 of the Draft EIR. Those issues include the following topical areas in their entirety or portions thereof: Aesthetics, Air Quality, Biological Resources, Energy Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, and Utilities and Service Systems. See Attachement I (Index) at the end of this document for the threshold impact and the location of the discussion.
CEQA Guidelines Section 15901 mandates that an EIR may not be certified for a project which has one or more significant environmental effects unless one of three possible findings is made for each Indian Wells General Plan Update
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significance effect. Since the following environmental issue areas were determined to have a less than significant impact, the findings for these issues are not required but are provide informationally.
1. Aesthetics
Impact 4.1 b: The GPU will not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway.
No officially designated or eligible State scenic highway is located within the City of Indian Wells. The closest State scenic highway is located approximately 1.36 miles west of the City, at State Route 74.
Due to the City's distance from the State Route 74, buildout of the GPU would not damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a State scenic highway. State scenic highway impacts associated with GPU implementation would be less than significant.
Although the Proposed Project does not propose a particular development, future development would occur in vacant and infill parcels of land. Some of these parcels occur along public roads, including Highway 111 and Miles Avenue. Development along these rights -of -way could obstruct scenic resources, which include the surrounding mountains (see Impact 4.1 a discussion, in Section D, below).
However, GPU policies listed below would establish and maintain greenbelts and open space amenities that are viewed by people who travel through and within the City and maintain scenic views from public rights -of -way. Therefore, impacts would remain less than significant.
The following GPU policies were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.Policies
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.
Finding
The policies listed above continue to support the less than significant findings related to the Proposed GPU's impact on scenic resources. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to scenic resources within a state scenic highway. GPU policies and actions will serve as improvement measures. The City of Indian Wells hereby finds that implementation of the measures is feasible, and the measures are therefore adopted. (Draft EIR pg. 4.1-8) Rationale for Finding
Due to the City's distance from the State Route 74, buildout of the GPU would not damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a State scenic highway. By establishing and maintaining greenbelts and open space amenities that are viewed Indian Wells General Plan Update
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by people who travel through and within the City and maintaining scenic views from public rights -of - way as required in Policies RM-2.3 and RM-2.4 would ensure that impacts to scenic resources would continue to be less than significant.
Impact 4.1-c: The GPU will not degrade the existing visual character or quality of public views or conflict with applicable zoning and other regulations governing scenic quality.
CEQA Guidelines Section 15387 defines an urbanized area as a central city or a group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile. Buildout of the GPU would result in 5,405 residents and consist of 14.3 square miles, resulting in a buildout density of 378 residents per square mile.
The visual character and scenic quality within the City of Indian Wells is defined by the mountainous topography, including the Santa Rosa Mountains, that distinguishes the City's southern boundary, the natural desert context, and the manmade and built environment, including landscaping and gated residential communities. Much of the visual character of Indian Wells is shaped by its open space resources including parks, trails, golf courses, and natural preserves.
Though the GPU Planning Area is not considered "urbanized" under the CEQA definition, the scenic quality that currently exists in the City is primarily comprised of residential communities, commercial plazas, resort buildings, golf clubs, and the Santa Rosa Mountains. Scenic quality is established and maintained within the City with the implementation of the Indian Wells Municipal Code, Title 21, Zoning Code. The Zoning Code provides development standards for the various zones within the City (Chapter 21.20 through 21.48). The standards provide guidelines for building heights, setbacks, lot sizes, allowed structures, etc., which ensures visual consistency between projects throughout the City.
Polices listed below, as proposed in the GPU, would be subject to comply with these guidelines, as well as the applicable regulations set forth in the Indian Wells Municipal Code. Buildout of the GPU would, therefore, not substantially degrade the existing visual character or quality of public views of the City. Additionally, review and approval by the City of Indian Wells would ensure future development is consistent with the existing developments in the City and that the City continues its image as an international resort destination.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
CD -2.1 Design Features. Enhance the City's identity with attractive high -quality gateways, city entry signs and design features, cohesive street signs, and other design features at public gathering spaces and other areas, that contribute to the quality of life and enhance the premiere residential -resort community character of Indian Wells.
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CD -2.2 Standards and Guidelines. Develop and enforce development standards and objective design guidelines that provide clear direction for achieving quality community design in new development and redevelopment projects.
CD -2.4 Site Planning. Identify and preserve, as feasible, the significant features of a site, such as viewsheds, heritage trees, and rock outcroppings, during the design and development of new projects.
CD -2.7 Streetscapes. Promote drought tolerant landscaping, tree planting, and tree preservation along City streets as a means of improving aesthetics, making neighborhoods more pedestrian -friendly, and providing environmental and economic benefits.
CD -2.8 Arts in Public Places. Continue to implement the Arts in Public Places program to provide a diverse and culturally rich environment for Indian Wells residents and visitors.
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.
Actions
CD -2a Continue the Art in Public Places program, including the identification of funding sources and potential sites for public art display. The program may include, but is not limited to, City entry monumentation, streetscape treatments (including street signs), and other public area improvements.
CD -2b
CD -2c
Prepare and adopt objective design standards for multifamily and mixed -use projects and require all development in the City to comply with approved design standards, including but not limited to, architecture, landscaping, site design, and other development related regulations intended to enhance and promote the image of Indian Wells.
Continue to preserve the community characteristics of scale, good site design, and sensitivity to neighboring sites in single-family residential districts by requiring approval by the City's Design Review Committee for new homes, additions, and exterior remodeling.
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RM-2a
Finding
Enforce the Hillside Management Ordinance to ensure the environmental integrity of the hillsides.
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to the existing visual character of the City or the conflict of applicable zoning and other regulations governing scenic quality. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to visual character and scenic quality. 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 pp. 4.1- 8 - 4.1-10.)
Rationale for Finding
Goal CD -2 in the Community Development Element of the GPU pursues a visually attractive community that helps create a unique sense of place in the Coachella Valley and reinforces the image of Indian Wells as a prestigious community and international resort destination. This is achieved through Policy CD -2.1 which requires design features of entry signs, street signs, and other public gathering spaces be established to enhance the City's identity; Policy CD -2.2, which enforces the implementation of development standards and design guidelines to provide a clear aesthetic direction; Policy CD -2.4, which requires future project to consider and preserve significant features (i.e., viewsheds, trees, rock outcroppings) during design; Policy CD -2.7, which promotes aesthetically - pleasing streetscapes via landscaping; and Policy CD -2.8, which implements the Arts in Public Places program. The listed policies are further implemented by Action 2a, 2b, and 2c. The implementation of the policies and actions listed above would ensure that future development includes aesthetically pleasing design, site plans, street frontages, and signage. The policies also emphasize the preservation of open space, scenic resources, and scenic vistas within the City (Policy RM-2.1 and RM-2.2) and maintain the open space character (Policy RM-2.3). This is achieved by Action RM-2a, which enforces the Hillside Management Ordinance to ensure the environmental integrity of the hillsides, and the implementation of the Zoning Code development standards. Therefore, the GPU would continue to support less than significant impacts to the existing visual character or quality of public views of the City.
2. Air Quality
Impact 4.3 a: The GPU would not conflict with or obstruct implementation of an applicable air quality plan.
Under CEQA, a significant air quality impact could occur if the Proposed Project is not consistent with the applicable AQMP or would obstruct the implementation of the policies or hinder reaching the goals of that plan. The Proposed Project site is located within the SSAB and will be subject to SCAQMD's 2022 Air Quality Management Plan (2022 AQMP), adopted December 22, 2022 to continue serving as a regional blueprint for achieving the federal air quality standards. The 2022 AQMP includes the most current strategies to meet the air quality standards and ensure that public health is protected to the maximum extent feasible. It also includes a comprehensive analysis of emissions, Indian Wells General Plan Update
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meteorology, atmospheric chemistry, regional growth projections, and the impact of existing control measures is updated with the latest data and methods.
Moreover, the GPU is subject to the regulations and measures originating from the 2003 Coachella Valley PM10 State Implementation Plan (CVSIP), which is designed to address the region's serious nonattainment area for PM10 (particulate matter with an aerodynamic diameter of 10 microns or less).
Overall, buildout of the Proposed GPU would result in 5,455 single family units and 816 multifamily units, for a City 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).
The 2022 AQMP is a comprehensive plan that establishes control strategies and guidance on regional emission reductions for air pollutants base, in part, on the land use plans of the jurisdictions in the region. The GPU has been developed consistently with the various population and employment projections embedded within the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), which was factored into the 2022 AQMP. It is therefore expected that the Proposed Project will result in emissions consistent with those factored in the 2022 AQMP. Moreover, the changes to the General Plan land use map associated with the Proposed Project would not exceed the SCAQMD's criteria pollutant thresholds (see Impact 4.3.b discussion, below).
The Proposed Project would be implemented in accordance with all applicable air quality management plans to ensure any impacts to air quality continue to be mitigated. Actions include, but are not limited to, the preparation and enforcement of any required dust control management plan in compliance with the CVSIP, South Coast Air Quality Management District (SCAQMD) Rule 403 and 403.1, and Chapter 7.01 (Control of PM10, Fugitive Dust and Other Emissions) of the Indian Wells Municipal Code. Compliance with the dust control standards will prevent sediment track -out onto public roads, prevent visible dust emissions from exceeding a 20 -percent opacity, and prevent visible dust emissions from extending more than 100 feet (vertically or horizontally from the origin of a source) or crossing any property line.
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-9.1 Reduce Greenhouse Gas Emissions. Consider and adopt new local policies and programs that provide energy efficient alternatives to fossil fuel use to reduce local greenhouse gas emissions and improve air quality.
RM-9.2 Zero -Emission and Low -Emission Vehicle Use. Encourage the use of zero - emission vehicles, low -emission vehicles, bicycles and other non -motorized vehicles, and car -sharing programs by providing sufficient and convenient infrastructure and parking facilities to accommodate these vehicles.
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RM-9.3 Sensitive Receptors. Buffer and protect residential areas and other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.
RM-9.4 Regional Air Quality. Participate in air quality improvement efforts in the Riverside County area, including those organized through SCAQMD, Imperial County Air Pollution Control District (ICAPCD), the Coachella Valley Association of Governments (CVAG), and the California Air Resource Board (CARB).
Actions
RM-9a Consider giving preference to contractors and service providers who use reduced emission equipment for City construction projects and service contracts.
RM-9b Evaluate the purchase of low -emission vehicles for the City's fleet and the use of available clean fuel sources for trucks and heavy equipment for the provision of City services based on operating requirements and financial feasibility.
RM-9c
As applicable, review development projects during the CEQA process for potential air quality impacts to residences and other sensitive receptors. Ensure that mitigation measures and best management practices (BMPs) are implemented to reduce significant emissions of criteria pollutants.
RM-9d Review development, infrastructure, and planning projects for consistency with SCAQMD and ICAPCD requirements during the CEQA review process. Require project applicants to prepare air quality analyses to address SCAQMD, ICAPCD, and General Plan requirements, as appropriate, which include analysis and identification of:
1. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.
2. Potential exposure of sensitive receptors to toxic air contaminants.
3. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.
4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.
RM-9e Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD construction emission thresholds. Where construction emissions from individual projects exceed SCAQMD and ICAPCD thresholds, the following actions should be incorporated as necessary to minimize impacts. These measures do not exclude the use of other, equally effective mitigation measures as determined by a project specific Air Quality Assessment.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 26 -
Council Agenda- February 13, 2025
• Require all off -road diesel equipment greater than 50 horsepower (hp) to meet U.S. EPA Tier 4 final off -road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) devices including a California Air Resources Board Certified Level 3 Diesel Particulate Filter (DPF) or equivalent. The DPF reduces diesel particulate matter and NOx emissions during construction activities. • Require a minimum of 50 percent of construction debris be diverted for recycling.
• Require building materials to contain a minimum 10 percent recycled content.
• Require materials such as paints, primers, sealants, coatings, and glues to have a low volatile organic compound concentration compared to conventional products. If low VOC materials are not available, architectural coating phasing should be extended sufficiently to reduce the daily emissions of VOCs.
RM-9f
RM-9g
Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD operational emission thresholds. For projects where operational emissions exceed regulatory thresholds, the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of the project.
• Provide onsite solar/renewable energy in excess of regulatory requirements. • Require that owners/tenants of non-residential or multi -family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties.
• Require dripless irrigation and irrigation sensor units that prevent watering during rainstorms.
Consider creating dust control measures and coordinating with the Salton Sea Air Basin in implementing strategies proposed in the Air Quality Management Plan to improve regional air quality.
RM-9i Require all new development and redevelopment projects, including construction operations, to conform with the City's PM10 Ordinance as a condition of issuance of grading permits. Evaluate the need for permanent control devices in particularly windy areas to be installed prior to project grading.
RM-9j Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 27 -
Council Agenda- February 13, 2025
RM-9k
Finding
Schedule regular maintenance for the City fleet vehicles to reduce fuel consumption resulting in less air pollution and decrease fuel purchases.
The policies and actions listed above continue to support the less than significant findings that the GPU would not conflict with the implementation of an applicable air quality plan. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to an applicable air quality plan. 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 pp. 4.3-17 — 4.3-21)
Rationale for Finding
The GPU establishes various policies and actions designed to support the SCAQMD efforts toward regional air quality improvements and the associated public health benefits. These policies include the efforts to provide energy efficient alternatives to fossil fuel use to improve air quality (Policy RM-9.1); encourage zero -emission vehicles, low emission vehicles, and car -sharing programs to improve air quality (Policy RM-9.2); protect residential areas and sensitive receptors from areas that produce air quality pollution (Policy RM-9.3); and participate in regional air quality improvement efforts (Policy RM-9.4). The policies are supported by GPU Actions RM-9a through RM-9k, which require future projects to analyze air quality impacts, demonstrate consistency with air quality plans, and implement dust control measures.
Moreover, air quality and public health benefits are supported and influenced, directly and indirectly, by a wide range of policies and actions, including those stemming from the Community Development, Mobility, and Resource Management elements of the General Plan. The Community Development Element will include policies and actions designed to promote efficient land use allocations and compatible development, thus contributing to transportation efficiency and associated emissions reductions (Policy CD -1.1 and CD -1.8). These policies and actions help ensure consistency with the 2022 AQMP. While the Mobility Element will include various policies and actions designed to promote transportation efficiency across multiple modes, thus helping reduce the associated mobile emissions and support the regional air quality efforts. The relevant policies are M-1.1 (Development -Related Traffic Impacts), M-1.2 (LOS Standards), M-1.3 (Traffic Distribution), M-1.4 (Efficient Circulation), M-1.5 (Transportation Management System), M-1.6 (Intersection Configurations), M-1.7 (Minimize Environmental Impacts), M-1.8 (Local and Regional Collaboration), M-1.9 (Safe Routes to School), M-1.10 (Residential Streets Traffic Calming), M-1.11 (ADA Accessibility), M-1.12 (Truck Routes), M-
2.1 (Multi -Modal Streets), M-2.2 (Alternative Modes), M-2.3 (Connectivity), M-2.4 (New Development), M-2.5 (Citywide Bicycle Network), M-2.6 (Bicyclist and Pedestrian Safety), M-2.7 (CV Link Users), M-2.8 (Bus Stops), M-2.9 (Rail and Air Travel), M-2.10 (The Living Desert). The relevant actions are M-1 a through M -1g. These policies and actions also help ensure continued consistency with the 2022 AQMP. Therefore, impacts will continue to support the less than significant impacts.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 28 -
Council Agenda- February 13, 2025
Impact 4.3 b: The GPU would not result in a cumulatively considerable net increase of any criteria pollutant.
The California Emissions Estimator Model (Ca1EEMod), version 2022.1, was used to estimate potential air pollutant emissions associated with the Proposed Project. The SCAQMD has established that impacts to air quality are significant if there is a potential to contribute or cause regional and/or localized exceedances of the federal and/or state ambient air quality standards, such as the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS).
To assist lead agencies in determining the significance of air quality impacts, SCAQMD has established suggested short-term construction -related and long-term operational impact significance thresholds for direct and indirect impacts on air quality.
Construction Emissions
Construction emissions resulting from project implementation account for the demolition, site preparation, grading, building construction, paving, and architectural coating (painting) stages in order to construct the new land uses associated with the General Plan Update. The `Health Club' land use within Ca1EEMod was selected as the land use for each of the land uses associated with the proposed project, since it is the best proxy land use available in Ca1EEMod for the Resort Commercial land use that is proposed for the project parcels. SCAQMD daily thresholds for carbon dioxide (CO), oxides of nitrogen (NOx), reactive organic gas (ROG), sulfer oxides (SOx), particulate matter equal to or less than 10 microns in diameter (PM10), and particulate matter equal to or less than 2.5 microns in diameter (PM2.5) will not be exceeded during construction of the proposed project (see Table 4.3-3 in the Draft EIR).
Operational Emissions
Operational emissions are those generated over the life of the Proposed Project (operation of future projects within the City resulting from the implementation of the GPU), including area, energy, and mobile sources. Area sources include consumable products, such as building maintenance and cleaning supplies, kitchen and restroom supplies, pavement off -gassing, and periodic reapplication of architectural coatings. Energy sources include the direct and indirect use of fossil fuels for energy, including natural gas and electricity use in buildings, parking lot lighting, ventilation equipment, and elevators. Mobile emissions are generated by motor vehicle trips consistent with the transportation analysis provided in this document. Operational emissions from buildout conditions will not exceed SCAQMD thresholds for any criteria pollutant, and impacts will be less than significant without the need for mitigation measures (see Table 4.3-4 in the Draft EIR).
As discussed above and determined in Tables 4.3-3 and 4.3-4 of the Draft EIR, the project will not exceed criteria pollutant emissions thresholds as a result of construction and operation of the Proposed Project. The air quality standards and regulatory framework stem from the Clean Air Act, which identified the primary standards to provide public health protection, including protecting the health of "sensitive" populations such as asthmatics, children, and the elderly. Ambient air quality standards, their attainment, and maintenance were based on criteria to protect public health. Secondary standards provide public welfare protection, including protection against decreased visibility and damage to Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 29 -
Council Agenda- February 13, 2025
animals, crops, vegetation, and buildings. As such, compliance with the established regional and localized thresholds during construction and operation are consistent with the objective of protecting public health and welfare.
The Coachella Valley portion of the SSAB is classified as a "non -attainment" area for PM10 and ozone.
Project -related PM10 emissions are calculated to be below established SCAQMD Air Quality Significance Thresholds after implementing the required dust control measures under SCAQMD Rule 403/403.1. Therefore, the Proposed Project will result in incremental, but not cumulatively considerable impact on regional PM10 levels. CO, NOx, and ROG are precursors to ozone, for which the Coachella Valley is in non -attainment. The Proposed Project will not exceed thresholds for these pollutants and will not result in a cumulatively considerable impact on regional ozone levels. It is worth noting that SCAQMD deems 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 the upwind SCAB. Finally, pertaining to cumulatively considerable net increases of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard, less than significant impacts are anticipated.
The following GPU policies were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
RM-9.1 Reduce Greenhouse Gas Emissions. Consider and adopt new local policies and programs that provide energy efficient alternatives to fossil fuel use to reduce local greenhouse gas emissions and improve air quality.
RM-9.2 Zero -Emission and Low -Emission Vehicle Use. Encourage the use of zero - emission vehicles, low -emission vehicles, bicycles and other non -motorized vehicles, and car -sharing programs by providing sufficient and convenient infrastructure and parking facilities to accommodate these vehicles.
RM-9.3 Sensitive Receptors. Buffer and protect residential areas and other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.
RM-9.4 Regional Air Quality. Participate in air quality improvement efforts in the Riverside County area, including those organized through SCAQMD, ICAPCD, the Coachella Valley Association of Governments (CVAG), and the California Air Resource Board (CARB).
Actions
RM-9a Consider giving preference to contractors and service providers who use reduced emission equipment for City construction projects and service contracts.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 30 -
Council Agenda- February 13, 2025
RM-9b
RM-9c
RM-9d
RM-9e
Evaluate the purchase of low -emission vehicles for the City's fleet and the use of available clean fuel sources for trucks and heavy equipment for the provision of City services based on operating requirements and financial feasibility.
As applicable, review development projects during the CEQA process for potential air quality impacts to residences and other sensitive receptors. Ensure that mitigation measures and best management practices (BMPs) are implemented to reduce significant emissions of criteria pollutants.
Review development, infrastructure, and planning projects for consistency with SCAQMD and ICAPCD requirements during the CEQA review process. Require project applicants to prepare air quality analyses to address SCAQMD, ICAPCD, and General Plan requirements, as appropriate, which include analysis and identification of:
1. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.
2. Potential exposure of sensitive receptors to toxic air contaminants.
3. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.
4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.
Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD construction emission thresholds. Where construction emissions from individual projects exceed SCAQMD and ICAPCD thresholds, the following actions should be incorporated as necessary to minimize impacts. These measures do not exclude the use of other, equally effective mitigation measures as determined by a project specific Air Quality Assessment. • Require all off -road diesel equipment greater than 50 horsepower (hp) to meet U.S. EPA Tier 4 final off -road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) devices including a California Air Resources Board Certified Level 3 Diesel Particulate Filter (DPF) or equivalent. The DPF reduces diesel particulate matter and NOx emissions during construction activities. • Require a minimum of 50 percent of construction debris be diverted for recycling.
• Require building materials to contain a minimum 10 percent recycled content.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 31 -
Council Agenda- February 13, 2025
• Require materials such as paints, primers, sealants, coatings, and glues to have a low volatile organic compound concentration compared to conventional products. If low VOC materials are not available, architectural coating phasing should be extended sufficiently to reduce the daily emissions of VOCs.
RM-9f
RM-9g
Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD operational emission thresholds. For projects where operational emissions exceed regulatory thresholds, the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of the project.
• Provide onsite solar/renewable energy in excess of regulatory requirements. • Require that owners/tenants of non-residential or multi -family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties.
• Require dripless irrigation and irrigation sensor units that prevent watering during rainstorms.
Consider creating dust control measures and coordinating with the Salton Sea Air Basin in implementing strategies proposed in the Air Quality Management Plan to improve regional air quality.
RM-9i Require all new development and redevelopment projects, including construction operations, to conform with the City's PM10 Ordinance as a condition of issuance of grading permits. Evaluate the need for permanent control devices in particularly windy areas to be installed prior to project grading.
RM-9j Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.
RM-9k Schedule regular maintenance for the City fleet vehicles to reduce fuel consumption resulting in less air pollution and decrease fuel purchases.
Finding
The policies and actions listed above continue to support the less than significant findings that the GPU would not result in a cumulatively considerable net increase of any criteria pollutant. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to a cumulatively considerable net increase of a criteria pollutant. 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 pp. 4.3-21 - 4.3-27) Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 32 -
Council Agenda- February 13, 2025
Rationale for Finding
As stated above, the Proposed Project will not exceed criteria pollutant emissions thresholds as a result of construction and operation of the Proposed Project. Although the findings were less than significant, the GPU proposes various policies and actions designed to support the SCAQMD efforts toward regional air quality improvements and the associated public health benefits. These policies include the efforts to provide energy efficient alternatives to fossil fuel use to improve air quality (Policy RM-9.1); encourage zero -emission vehicles, low emission vehicles, and car -sharing programs to improve air quality (Policy RM-9.2); protect residential areas and sensitive receptors from areas that produce air quality pollution (Policy RM-9.3); and participate in regional air quality improvement efforts (Policy RM-9.4). The policies are supported by GPU Actions RM-9a through RM-9k, which require future projects to analyze air quality impacts, demonstrate consistency with air quality plans, and implement dust control measures which would ensure that the Proposed Project does not result in a cumulatively considerable increase in a criteria pollutant.
Moreover, air quality and public health benefits are supported and influenced, directly and indirectly, by a wide range of policies and actions, including those stemming from the Community Development, Mobility, and Resource Management elements of the General Plan. The Community Development Element will include policies and actions designed to promote efficient land use allocations and compatible development, thus contributing to transportation efficiency and associated emissions reductions (Policy CD -1.1 and CD -1.8). These policies and actions help ensure consistency with the 2022 AQMP. While the Mobility Element will include various policies and actions designed to promote transportation efficiency across multiple modes, thus helping reduce the associated mobile emissions and support the regional air quality efforts. The relevant policies are M-1.1 (Development -Related Traffic Impacts), M-1.2 (LOS Standards), M-1.3 (Traffic Distribution), M-1.4 (Efficient Circulation), M-1.5 (Transportation Management System), M-1.6 (Intersection Configurations), M-1.7 (Minimize Environmental Impacts), M-1.8 (Local and Regional Collaboration), M-1.9 (Safe Routes to School), M-1.10 (Residential Streets Traffic Calming), M-1.11 (ADA Accessibility), M-1.12 (Truck Routes), M-
2.1 (Multi -Modal Streets), M-2.2 (Alternative Modes), M-2.3 (Connectivity), M-2.4 (New Development), M-2.5 (Citywide Bicycle Network), M-2.6 (Bicyclist and Pedestrian Safety), M-2.7 (CV Link Users), M-2.8 (Bus Stops), M-2.9 (Rail and Air Travel), M-2.10 (The Living Desert). The relevant actions are M -la through M -1g. These policies and actions also help ensure that the Proposed Project does not result in a cumulatively considerable increase in a criteria pollutant. Therefore, impacts will continue to support the less than significant impacts.
Impact 4.3 c: The GPU will not expose sensitive receptors to substantial pollutant concentrations.
A sensitive receptor is a person in the population who is particularly susceptible (i.e., more susceptible than the population at large) to health effects due to exposure to an air contaminant. Sensitive receptors and the facilities that house them are of particular concern if they are located in close proximity to localized sources of carbon monoxide, toxic air contaminants, or odors.
The City of Indian Wells is largely developed with residential and commercial uses. Lands available for development include vacant and infill lots. Construction -related emissions resulting from the vacant Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 33 -
Council Agenda- February 13, 2025
and infill lots are not expected to reach or exceed the SCAQMD regional thresholds of significance and therefore would not expose sensitive receptors to substantial pollutant concentrations at a regional level.
SCAQMD has developed and published the Final Localized Significance Threshold (LST) Methodology to help identify potential impacts that could contribute to or cause localized exceedances of the federal and/or State ambient air quality standards (NAAQS/CAAQS). LST methodology was developed in response to environmental justice and health concerns raised by the public regarding exposure of individuals to criteria pollutants in local communities. The purpose of analyzing LSTs is to determine whether a project may generate significant adverse localized air quality impacts in relation to the nearest exposed sensitive receptors, such as schools, churches, residences, hospitals, day care facilities, and elderly care facilities. LST thresholds represent the maximum emissions from a project that will prevent an exceedance of the most stringent applicable federal or state ambient air quality standard at the nearest sensitive receptor, taking into consideration ambient concentrations in each source receptor area (SRA), project, size, and distance to the sensitive receptor. Therefore, complying with the lowest allowable emissions thresholds translates to meeting the most stringent air quality standards for a project locality.
As part of the LST methodology, SCAQMD has divided its jurisdiction into 37 source receptor areas (SRAs) which can be used to determine whether a project may generate significant adverse localized air quality impacts. The proposed development is located in SRA 30, which covers the Coachella Valley and City of Indian Wells. LSTs only apply to certain criteria pollutants: CO, NOx, PM10, and PM2.5.
Geographic Information Systems (GIS) mapping analysis was used to delineate the future project area of construction within the City from the implementation of the GPU and identify the nearest sensitive receptors using the distance intervals established by the LST methodology, which are 25 meters (82 feet), 50 meters (164 feet), 100 meters (328 feet), 200 meters (656 feet), and 500 meters (1,640 feet).
Some of the future project site surroundings include residential uses that are within 25 meters (82 feet) of the project, including at APNs 633-150-077, 633-150-071, 633-310-035 and 633-410-051. As such, the existing sensitive receptors serve as the basis for the LST analysis using the shortest distance interval of 25 meters (82 feet). The shortest distance interval to the nearest sensitive receptor establishes the strictest threshold with the lowest emissions allowances needed to maintain compliance.
The construction activities would not generate emissions in excess of the site -specific LSTs (see Table
4.3-5 in the Draft EIR); therefore, site -specific impacts during construction of the project would be less than significant without the need for mitigation. Because the proposed land uses do not include major stationary polluters (such as a landfi , chemical plant, oil field, refineries etc.), LST analysis was not conducted or required for project operation. Therefore, impacts to sensitive receptors from project construction will be less than significant.
The following GPU policies were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 34 -