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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.
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.
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 related to the GPU's impact of exposing sensitive receptors to substantial pollutant concentrations. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to exposing sensitive receptors to substantial pollutant concentrations. 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. 4.3-27 — 4.3-29) Rationale for Finding
As stated above, construction and operation of future development within the GPU Planning Area will not expose sensitive receptors to substantial pollutant concentrations. 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. Specifically, Policy RM-9.3 protects residential areas and sensitive receptors from areas that produce air quality pollution. Action RM-9g and RM-9i through RM-9k supports Policy RM-9.3 by requiring compliance with dust control regulations and implementation of 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 prohibit certain development types (Policy CD -
1.8). While Policy M-1.12 establishes truck routes within the City in the Mobility Element to support the regional air quality efforts. As previously stated, future development within the City would not Indian Wells General Plan Update
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expose sensitive receptors to pollutant concentrations, and the policies and actions listed above continue to support the less than significant finding.
Impact 4.3 d: The GPU will not result in other emissions such as those leading to odors.
Development of the remaining vacant and infill lots within the GPU Planning Area is not expected to result in emissions that would exceed the SCAQMD Air Quality Significance Thresholds pertaining to construction or operation. Moreover, the project emissions would not exceed the Localized Significance Thresholds (LST) applicable to the project setting in relation to the existing residences near the project. Future development has the potential to result in short-term odors associated with operation of heavy equipment during grading, excavation, and other construction activities. However, the nature of construction -related odors is that they tend to be temporary and disperse with distance.
Additionally, future development within the GPU Planning Area will not include the types of facilities commonly known to generate odors, such as agricultural activities, feedlots, wastewater treatment plants, sanitary landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, rendering plants, or food packaging facilities. Moreover, such odors would be inconsistent with the ambiance required for successful operation of proposed land uses. As such, the Proposed Project is not expected to result in odor emissions adversely affecting nearby neighbors. Pertaining to other emissions adversely affecting a substantial number of people, 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-9.2 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.
Finding
The policies listed above continue to support the less than significant findings related to the GPU resulting in other emissions (such as those leading to odors). Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to other emissions. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation Indian Wells General Plan Update
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of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.3- 29)
Rationale for Finding
As stated above, development within the GPU Planning Area will not result in other emissions (such as those leading to odors). 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 encourage zero -emission vehicles, low emission vehicles, and car -sharing programs to improve air quality (Policy RM-9.2), and protect residential areas and sensitive receptors from areas that produce air quality pollution (Policy RM-9.3). 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 Mobility Element of the General Plan, such as Policy M-1.7, which provides methods to minimize environmental impacts. As previously stated, future development within the City would not result in other emissions (such as those leading to odors), and the policies listed above continue to support the less than significant finding.
3. Biological Resources
Impact 4.4 d: The GPU will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites.
The City does not act as a wildlife movement corridor due to the current built environment as well as the presence of urban/suburban development encompassing much of the City. Any development occurring from the GPU shall comply with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) through the payment of mitigation fees required by new developments.
Additionally, if any future development were to occur adjacent to the Santa Rosa and San Jacinto Conservation Area, development would be required to follow the Land Use Adjacency Guidelines outlined in the CVMSHCP (see pg. 4.4-9 of the Draft EIR). These guidelines were developed to reduce impacts to biological resources in the Conservation Area. Both required payment of the mitigation fee and compliance with the CVMSHCP Land Use Adjacency Guidelines, as well as compliance with all applicable federal, State, and regional laws and regulations that relate to migratory wildlife corridors and native wildlife nursey sites would ensure that impacts to these biological resources would not be expected.
The following GPU policies were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Actions
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 Indian Wells General Plan Update
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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-lg Prior to the approval of any development proposed in areas of "high ecological sensitivity," require the applicant to prepare a biological study for the area.
Finding
The actions listed above continue to support the less than significant findings that the GPU would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to migratory wildlife corridors. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.4-21)
Rationale for Finding
As stated above, the GPU Planning Area does not act as a wildlife movement corridor due to the current built environment as well as the presence of urban/suburban development encompassing much of the City. Any development occurring within the GPU Planning Area shall comply with the CVMSHCP through the payment of mitigation fees required by new developments. This is required by Action RM-1d, which also requires narrow endemic surveys, riparian/riverine policy, and other applicable surveys, if required. Additionally, development in the City is required to follow Action RM- lg set forth by the City. Action RM-lg states that prior to the approval of any development proposed in areas of "high ecological sensitivity," the applicant is required to prepare a biological study for the area. The implementation of these actions, along with the compliance with the CVMSHCP, and all applicable federal, State, and regional laws and regulations that relate to migratory wildlife corridors and native wildlife nursey sites would ensure that impacts to these biological resources would continue to be less than significant.
Impact 4.4 e: The GPU will not conflict with any local policies or ordinances protecting biological resources.
The City lies within the boundary of the CVMSHCP which outlines policies for conservation habitats and natural communities and is implemented by the City of Indian Wells. There are no other unique local policies or ordinances protecting biological resources that would cause a conflict. Any development occurring from the GPU shall comply with the CVMSHCP through the payment of mitigation fees required by new developments within the City. If any future development were to occur adjacent to the Santa Rosa and San Jacinto Conservation Area, development would be required to follow the Land Use Adjacency Guidelines outlined in the CVMSHCP (see Impact 4.4 d, above, and page 4.4-9 of the Draft EIR).
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The following GPU action was included in the Draft EIR and the Final EIR and is applicable to the Proposed Project.
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.
Finding
The action listed above continues to support the less than significant findings that the GPU would not conflict with any local policies or ordinances protecting biological resources. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to local policies or ordinances protecting biological resources. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.4-22) Rationale for Finding
The CVMSHCP is a document that acts to protect biological resources within the Coachella Valley.
The CVMSHCP outlines policies for conservation habitats and natural communities and is implemented by the City of Indian Wells. Although the GPU is required to comply with the CVMSHCP, the GPU proposes Action RM-Id, which requires that any development occurring from the GPU comply with the CVMSHCP through the payment of mitigation fees and completion of biological surveys, if required, by new developments within the City. Therefore, the proposed GPU action continues to support the less than significant finding.
Impact 4.4 f: The GPU will not conflict with the provisions of an adopted Habitat Conservation Plan, or other local, regional, or state habitat conservation plan.
The City of Indian Wells is a participant of the CVMSHCP. The Plan outlines policies for conservation habitats and natural communities and is implemented by the City of Indian Wells. The southern portion of the City is included in the Santa Rosa and San Jacinto Mountains Conservation Area; however, no development is proposed in the Conservation Area. If any future development were to occur adjacent to the Santa Rosa and San Jacinto Conservation Area, development would be required to follow the Land Use Adjacency Guidelines outlined in the CVMSHCP (see page 4.4-9 of the Draft EIR), which include regulations to minimize edge effects from drainage, toxics, lighting, noise, and invasive species.
These guidelines were developed to reduce impacts to biological resources in the Conservation Area to less than significant levels. Future development in the City would comply with the CVMSHCP and all applicable City policies and actions set forth in the GPU; therefore, impacts associated with the implementation of the GPU would be less than significant.
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The following GPU action was included in the Draft EIR and the Final EIR and is applicable to the Proposed Project.
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.
Finding
The action listed above continues to support the less than significant findings that the GPU would not conflict with the provisions of an adopted Habitat Conservation Plan, or other local, regional, or state habitat conservation plan. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to conservation plans. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.4-22) Rationale for Finding
The CVMSHCP is a document that acts to protect biological resources within the Coachella Valley.
The CVMSHCP outlines policies for conservation habitats and natural communities and is implemented by the City of Indian Wells. Although the GPU is required to comply with the CVMSHCP, the GPU proposes Action RM-1d, which requires that any development occurring from the GPU comply with the CVMSHCP through the payment of mitigation fees or biological surveys (if necessary) required by new developments within the City. Therefore, the proposed GPU action continues to support the less than significant finding.
4. Energy Resources
Impact 4.6 a: The GPU will not result in wasteful, inefficient, or unnecessary consumption of energy resources during construction or operation.
Existing and future developments within the GPU Planning Area will use energy resources, primarily in the form of electricity, natural gas, and mobility -related petroleum. Electricity is provided to the City by Southern California Edison (SCE) and Imperial Irrigation District (IID), while natural gas is provided to the City by Southern California Gas Company (The Gas Company or SoCalGas).
SCE/IID and SoCalGas would continue to serve the City of Indian Wells.
Buildout of the GPU includes residential, commercial, and resort uses. The amount of energy used in the Planning Area at buildout would directly correlate to the type and size of development, the energy consumption associated with unit appliances, outdoor lighting, and energy use associated with other buildings and activities. Other major sources of Planning Area energy consumption include fuel used Indian Wells General Plan Update
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by vehicle trips generated during construction and operational activities, and fuel used by off -road construction vehicles during construction. GPU energy consumption was analyzed in the Draft FIR using the modelling software: CaIFEMod V2022.1 and the California Air Resource Board's EMFAC2017.
The City of Indian Wells is largely developed with residential, resort, and commercial uses. Buildout of the City would include the development of vacant and infill lots north of Highway 111 and north and south (and east and west in some areas) of Miles Avenue. Redevelopment could also occur throughout the City. Buildout of the Proposed GPU 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).
Transportation Energy
Petroleum would be consumed throughout construction of the GPU. Fuel consumed by construction equipment would be the primary energy resource expended over the course of construction, while VMT associated with the transportation of construction materials and construction worker commutes would also result in petroleum consumption. Heavy-duty equipment used for construction would rely on diesel fuel, as would haul trucks involved in off -hauling materials from demolition or excavation.
Construction workers would travel to and from the City throughout the duration of construction. It is assumed that construction workers would travel to and from the City in gasoline -powered passenger vehicles. There are no unusual land use characteristics or construction processes that would require the use of equipment that would be more energy intensive which is used for comparable activities or use of equipment that would not conform to current emissions standards (and related fuel efficiencies).
It was determined that the estimated demand of gasoline for construction worker trips for the various construction phases would result in 38,148.3 galllons1; the demand of diesel fuel for construction vendor trips (i.e., trips are associated with the delivery of construction materials during the construction phase) would consume 56,620.8 gallons of diesel fuel during construction; the demand for diesel fuel for construction hauling trips to and from the site (i.e., the lots associated with APNs 633-150-077, 633-150-071, 633-310-035 and 633-410-051) during demolition of portions of the site would consume 916.5 gallons of diesel fuel2; and the demand of diesel fuel for constriction vehicles on -site during the various construction phases would consume 119,917.6 gallons of diesel fuel.
In total, development within the GPU Planning Area is estimated to consume approximately 38,148.3 gallons of gasoline and 177,454.9 gallons of diesel fuel during project construction. In total, buildout of these lots would consume a total of 215,603.2 gallons of petroleum. In the event construction activities are extended over a longer period of time, it is possible that more gasoline would be used for workers traveling to and from the site, but any such increase would be relatively minor, and would not change any of the impact determinations stated in this section. Petroleum use is also necessary to operate construction equipment. The US EPA implements a Tier 4 program in order to reduce the 1 The number of worker trips was automatically estimated within Ca FEMod, based on the lot acreages associated with these APNs, and other project characteristics.
2 The demolition phase was assumed to include demolition of an estimated total of 25,000 total square feet of existing building area, based on an analysis of the total existing building area located within these APNs.
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impacts of motor vehicles emissions on air quality and public health. These vehicle emissions standards reduce both tailpipe and evaporative emissions from passenger cars, light -duty trucks, medium duty passenger vehicles, and some heavy-duty vehicles. Future projects will be required to operate off -road diesel construction equipment rated at 50 horsepower (hp) or greater in compliance with EPA/CARB Tier 4 off -road emissions standards or equivalent, during all construction activities. The use of Tier 4 engines or higher during construction would assist in reducing construction -related emissions within the Planning Area. The GPU will not conflict or obstruct the EPA/CARB Tier 4 emissions standards.
Additionally, energy used during construction of the project would be limited to the construction period and would not involve long-term petroleum use. As such, energy consumption during construction activities would not be considered excessive, inefficient or unnecessary.
Operation of the GPU would generate vehicle trips during its operational phase. The consumption and use of petroleum -based fuels related to vehicular travel is anticipated during operation of the GPU.
Operation of the GPU would add approximately 579,783 vehicle miles traveled daily (consistent with the Project -specific Transportation Analysis, Appendix F in Draft EIR). It was calculated that on -road vehicle energy usage in the Planning Area at buildout would be approximately 1,126,231.7 gallons of gasoline per year, and 79,744.6 gallons of diesel per year, for a total of 1,205,976.3 gallons of petroleum per year (see Table 4.6-5 in the Draft EIR).
Over the lifetime of GPU buildout and operation, the fuel efficiency of vehicles in use is expected to increase as older vehicles are replaced with newer, more efficient models. Thus, the amount of petroleum consumed because of vehicle trips during operation would decrease over time. There are numerous regulations in place that require and/or encourage increased fuel efficiency. For example, CARB has adopted a new approach to passenger vehicles by combining the control for smog -causing pollutants and GHG emissions into a single coordinated package of standards. The approach also includes efforts to support and accelerate the number of plug-in hybrids and zero -emissions vehicles in California. As such, operation of the GPU is expected to use decreasing amounts of petroleum over time due to advances in fuel economy. Therefore, impacts are less than significant.
Electricity and Natural Gas
During grading and construction, the GPU's electricity demand will be limited. Energy used to pump water, power security and other lighting, and for incidental purposes, will result in electricity consumption during grading and construction. The electricity demand at any given time would vary throughout the construction period based on construction activities being performed. When not in use, electric equipment would be powered off so as to avoid unnecessary energy consumption. Once construction activities are complete, electricity demand will transition to operational power demand.
Natural gas will not likely be used during construction of the GPU. Fuels used for construction would primarily consist of petroleum distillates, including diesel and gasoline fuels, as discussed above.
No adverse effects to nonrenewable energy resources are anticipated with the operation of the Proposed GPU. As determined in the Draft EIR, the GPU's new energy demand would be approximately 3,157,794 kiloWatt hour (kWh) of electricity per year, 14,173,607 thousand British thermal units, and (kBTU) of natural gas per year (see Table 4.6-7 in the Draft EIR).
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While the GPU would result in a long-term increase in demand for electricity, the developments within the Planning Area would be required to comply with Title 24 and CALGreen requirements related to energy efficiency. Further, submittal, review, and approval of future project plans through the City, SCE and IID would ensure future electricity demand would be manageable. While the GPU would result in a long-term increase in demand for electricity, future projects would be required to comply with Title 24 and CALGreen requirements related to energy efficiency. Impacts would be less than significant.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
RM-10.1
RM-10.2
RM-10.3
Green Building Standards Code. Ensure that new construction and major redevelopment complies with the most current version of the California Green Building Standards Code.
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.
Energy Efficient Design. Encourage energy efficient design 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.
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.
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.
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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, 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.
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.
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RM-10b Provide the public with current information on energy grants, incentives and energy conservation programs.
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-10g 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 T.FD 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.
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.
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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.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to the unnecessary, inefficient, and wasteful consumption of energy resources.
Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to energy resources. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.6-14)
Rationale for Finding
Existing regulatory requirements, such as those established by the EPA/CARB, Title 24 and CALGreen, regulate vehicle emission standards and energy consumption in residential and nonresidential buildings. Although the GPU would be required to comply with the State and local requirements for energy efficiency and consumption, the GPU provides policies and actions that further enforce energy efficiency. Although the GPU would result in an increase in petroleum use during operation compared to the existing conditions, the project -specific petroleum use would be expected to diminish over time as fuel efficiency improves, including encouraging the use of zero - emission and low -emission vehicle use, as implemented in GPU Policy RM-9.2 and Action RM-9b.
The GPU also provides policies that promote multiple modes of transportation and safety for multi - modal transportation in Policies M-1.9, M-2.1, M-2.2, M-2.5, M-2.6, M-2.7, M-2.8, and M-2.9, and the thoughtful connectivity between land uses to reduce vehicle miles traveled and subsequently petroleum consumed in Policies M-2.3 and M-2.4, and Action M -le and M-1£ Therefore, petroleum use in the Planning Area would continue to be less than significant.
GPU Policy RM-10.1 and Action RM-10j requires developments within the Planning Area to comply with Title 24 and CALGreen requirements related to energy efficiency. Further, submittal, review, and approval of project plans through the City, SCE and IID would ensure future electricity demand would be manageable, as required by GPU Policy RM-10.4. The City will continue to educate the public, promote energy conservation, renewable energy, solar design, and encourage energy efficient design (i.e., 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), and retrofitting, as implemented by GPU Policy RM-10.2, RM-10.3, RM-10.6, RM-10.8, RM-10.9 and RM-10.11, and Actions RM-10a, through RM-10i. While the GPU would result in a long-term increase in demand for electricity, future projects would be required to comply with Title 24 and CALGreen requirements related to energy efficiency and the GPU policies and actions listed above. Impacts to energy resources would continue to be less than significant.
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Impact 4.6 b: Buildout of the GPU will continue to comply with state or local plans for renewable energy or energy efficiency.
Buildout of the GPU would use energy resources for the operation of buildings (electricity and natural gas), for on -road vehicle trips (e.g., gasoline and diesel fuel), and from off -road construction activities (e.g., diesel fuel) associated with 2045 buildout of the GPU. Developers of individual projects within the Planning Area would be responsible for conserving energy, to the extent feasible, and would rely heavily on reducing per capita energy consumption to achieve this goal, including through statewide and local measures. Buildout of the GPU would be in compliance with all applicable State and local regulations regulating energy consumption, including Senate Bill 100, California Building Energy Efficiency Standards (Title 24), and Indian Wells Climate Action Plan (CAP).
In accordance with SCE and IID policies, the projects within the City would consult with the associated electricity provider to coordinate electrical infrastructure removals or relocations with site -specific requirements for each planned development (Policy RM-10.2). This would ensure that SCE's and IID's specific design practices would be implemented as part of the development which would further reduce the project's demand on electrical infrastructure during construction as well as avoid any disruption of electrical service to the site and other surrounding properties. As such, construction of the GPU is not anticipated to adversely affect the electrical infrastructure serving the surrounding uses or utility system capacity.
Moreover, in accordance with SoCalGas policies, the projects within the City would consult with SoCalGas to coordinate natural gas infrastructure removal or relocation with site -specific requirements.
This would ensure that the existing gas lines would be maintained and secured and not impacted during construction. This would avoid disruption of gas to the project site or other properties as well as would further reduce the GPU's demand on SoCalGas's infrastructure during construction. As such, construction of the GPU is not anticipated to adversely affect the natural gas infrastructure currently serving the City, surrounding area or utility system capacity.
Senate Bill 100
Senate Bill 100 (De Leon, 2018), the 100 Percent Clean Energy Act of 2018, requires California's renewable energy and zero -carbon resources to supply 100 percent of electric retail sales to end -use customers, and 100 percent of electricity procured to serve state agencies, by 2045. Energy providers are working to integrate new clean energy technologies to meet the State's 2045 deadline. The GPU policies and actions listed below ensure consistency with Senate Bill 100.
Title 24
Title 24's Building Energy Efficiency Standards are designed to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings. Title 24 also includes Part 11, known as California's Green Building Standards (CALGreen), which instituted mandatory minimum environmental performance standards for all ground -up new construction of commercial, low-rise residential, and State-owned builrings, as well as schools and hospitals. Title 24 establishes new multi- family (including hotels and motels) building envelope (e.g., roof deck and ceiling insulation, roof solar Indian Wells General Plan Update
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reflectance, window insulation and glazing, window heat gain, etc.), building systems (e.g., space and water heating), lighting, and solar requirements.
Indian Wells Climate Action Plan
The City of Indian Wells's Climate Action Plan (CAP) also outlines measures to reduce energy consumed by existing and future developments within the City. The CAP details strategies and actions in seven sectors (residential, business, building, transportation, municipal, hospitality/recreation, and education) to achieve the greenhouse gas emissions reduction goal. Although the City's CAP was adopted in 2013, some of the measures remain applicable to City's goal to reduce greenhouse gas emissions, including those related to solid waste diversion, drought -tolerant and efficient landscaping, energy efficient construction and buildings, and alternative transportation systems.
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-10.1
RM-10.2
Green Building Standards Code. Ensure that new construction and major redevelopment complies with the most current version of the California Green Building Standards Code.
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.
RM-10.3 Energy Efficient Design. Encourage energy efficient design 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.
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.
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.
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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, 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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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.
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-10g 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.
RM-101 Explore cooperative efforts with other jurisdictions and entities related to renewable energy and distributed generation systems.
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RM-10m
M -le
M-lf
RM-9b
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.
Encourage new development to provide safe pedestrian facilities for internal circulation and access to adjacent uses as part of their design.
Consider streetscape improvements such as landscaping, sidewalks, paths, lighting, and other pedestrian -oriented features in the City.
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.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to a State or local plan for renewable energy or energy efficiency. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating state or local plans related to energy efficiency. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.6-23)
Rationale for Finding
Future developments within the GPU Planning Area will be required to consult with the local electric and natural gas providers to ensure capacity and infrastructure improvements required for the developments. This is required by Policy RM-10.2; thus, construction of the GPU is not anticipated to adversely affect the energy infrastructure serving the surrounding uses or utility system capacity.
Senate Bill 100: As previously stated, Senate Bill 100 requires California's renewable energy and zero - carbon resources to supply 100 percent of electric retail sales to end -use customers, and 100 percent of electricity procured to serve state agencies, by 2045. The Proposed GPU Policies RM-10.1, RM-
10.3, RM-10.4, and RM-10.5 promote efficient buildings, Policies RM-10.2, and RM-10.6 promote energy conservation, Policies RM-10.7, RM-10.8, and KM -10.9 promote renewable energy, and Policies M-2.1 through M-2.9, and RM-9.2 support multi -modal transportation. The listed policies will assist in achieving the State's 2045 goal.
Title 24: Tide 24's Building Energy Efficiency Standards are designed to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings. Tide 24 also includes Part 11, known as California's Green Building Standards (CALGreen), which instituted mandatory minimum environmental performance standards for all ground -up new construction of commercial, low-rise residential, and State-owned buildings, as well as schools and hospitals. The GPU will be required to meet the standards of Title 24, as required in GPU Policy RM-10.1, RM-10.3, RM-10.8, and RM-10.9.
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Indian Wells Climate Action Plan: The City of Indian Wells's Climate Action Plan (CAP) also outlines measures to reduce energy consumed by existing and future developments within the City. GPU Policies RM-7-1 through RM-7.7 are consistent with solid waste diversion in compliance with local, regional and State regulations. GPU Policies RM-6.4 and RM-6.6 promotes the incorporation of water - wise native landscaping or alternative water saving materials wherever feasible in the City and encourages the use of reclaimed water for landscaping and irrigation needs in an effort to reduce water and energy consumption and remain energy efficient. GPU Policy RM-7.7 encourages the recycling/composting of all City organic materials including landscape and food waste materials. As discussed above, the GPU will be required to meet the standards of Title 24, as required in GPU Policy RM-10.1, RM-10.3, RM-10.8, and RM-10.9. The GPU encourages 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 in Policy RM-9.2. As stated above, GPU Policies M-2.1 through M-2.9 promote multiple forms of transportation throughout the City including bicycle, pedestrian, low speed vehicles, and public transit.
Specifically, working with SunLine and other providers to improve bus stop amenities. With the foregoing, the GPU is consistent with and would not obstruct implementation of the applicable strategies and actions contained in the City's CAP.
Overall, the GPU is not anticipated to conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Impacts would continue to be less than significant.
5. Greenhouse Gas Emissions
Impact 4.8 a The GPU would not geneate significant greenhouse gas emissions that could impact the environment.
The City of Indian Wells is largely developed with residential, commercial, and resort uses. Future development within the GPU Planning Area would occur on vacant and infill lots primarily located north of Highway 111 and east and west of Miles Avenue. The Draft EIR analyzed greenhouse gas (GHG) emissions that would be associated with construction and operation of these remaining lots in Section 4.8. Construction -related GHG emissions will be short-term, while operational emissions will occur throughout the life of the City. At buildout, five emission source categories will contribute either Directly or indirectly to operational GHG emissions: energy/electricity usage, water usage, solid waste disposal, area emissions (pavement and architectural coating off -gassing), and mobile sources.
Construction GHG Emissions
The California Emissions Estimator Model (Ca1EEMod), version 2022.1, was used to calculate Project - related GHG emissions during the construction phase, and annual operational emissions. Construction of the Proposed Project is anticipated to occur in 2025 through 2029, as a conservative estimate based on the most feasible and shortest time frame for buildout of the remaining developable areas in the City. For analysis purposes, all project components have been analyzed concurrently over a single period, as this buildout scenario represents the worst -case scenario conditions compared to a phased implementation. This is also conservative because it assumes buildout would occur by 2029, sixteen years before the buildout year for the GPU of 2045, since construction vehicles would become more Indian Wells General Plan Update
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efficient over time. As determined in the modeling and the Draft EIR, construction would result in a total of approximately 2,455 MTCO2e. To determine if construction emissions will result in a significant impact, build out GHG emissions were amortized over a 30 -year period and added to annual operational emissions to be compared to applicable GHG thresholds.
Operational GHG Emissions
On December 5, 2008, the SCAQMD formally adopted a greenhouse gas significance threshold of 10,000 MTCO2e/yr that applies to stationary source projects (industrial uses) for which SCAQMD is the lead agency (SCAQMD Resolution No. 08-35). This threshold was adopted based upon an October 2008 staff report and draft interim guidance document that also recommended a threshold for all projects using a tiered approach. It was recommended by SCAQMD staff that a project's greenhouse gas emissions would be considered significant if it could not comply with at least one of the following "tiered" tests:
Tier 1: Does the project qualify for any applicable statutory or categorical exemption under CEQA? If yes, no further action is required, and climate change impacts would be less than significant.
Tier 2: Is the project consistent with a GHG reduction plan? (The project must be consistent with CEQA Guidelines Sections 15064(h)(3), 15125(d), or 15152(s).) If yes, there is a presumption of less than significant impacts with respect to climate change.
Tier 3: Is the project's incremental increase in GHG emissions below or mitigated to less than the significance screening level (10,000 MTCO2e per year for industrial projects; 3,000 MTCO2e for residential projects/commercial projects; 3,500 MTCO2e for mixed use projects)? If yes, there is a presumption of less than significant impacts with respect to climate change.
Tier 4: Does the project meet one of the following standards? 1: Reduce Business -as -Usual (BAU) emissions by a certain percentage; this percentage is currently undefined;
2: Early implementation of applicable AB 32 Scoping Plan measures 3: 2020 target for service populations (SP), which includes residents and employees: 4.8 MTCO2e/SP per year for projects and 6.6 MTCO2e per SP per year for plans; Option 3, 2035 target: 3.0 MTCO2e/SP per year for projects and 4.1 MTCO2e per service population per year for plans.
If yes, there is a presumption of less than significant impacts with respect to climate change.
Tier 5: Projects should obtain GHG emission offsets to reduce significant impacts. Offsets in combination with any mitigation measures should achieve the target thresholds for any of the above Tiers. Otherwise, project impacts would remain significant.
Under the tiered threshold approach, Tier 3 is the first threshold that can be met by the Project and therefore serves as the basis of determining significance.
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The Proposed Project is expected to generate approximately 12,666 MTCO2e per year from construction, area, energy, mobile sources, waste, and water usage sources (see Table 4.8-2 of the Draft EIR). As such, the Project GHG emissions would be above with the threshold of significance set at 3,000 MTCO2e per year (i.e. Tier 3 of the SCAQMD's greenhouse gas significance thresholds).
However, the Proposed Project would be consistent with Tier 4 of the SCAQMD's greenhouse gas significance thresholds, since the Proposed GPU would generate approximately 6,310 jobs; therefore, the MT CO2e per employee would be approximately 2.01, which is below the SCAQMD Tier 4 threshold of 6.6 MTCO2e per SP.3
As indicated by the GHG emissions inventory and trends highlighted in CARB's press release no. 18- 37, the regional and statewide strategies are helping California reduce greenhouse gas pollution, which has fallen below 1990 levels, an achievement roughly equal to taking 12 million cars off the road or saving 6 billion gallons of gasoline a year. Having been evaluated against the regionally accepted tiered GHG threshold and found to be consistent, the Proposed Project will not generate greenhouse gas emissions, directly or indirectly, that have a significant effect on the environment. Therefore, GPU impacts related to direct or indirect GHG emissions are considered less than significant.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
CD -L1
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 Vehicle Miles Traveled (VMT) impacts.
M-1.2 LOS Standards. Strive to maintain a minimum Level of Service (LOS) "D" at intersections during the weekday peak hours.
M-1.3 Traffic Distribution. Maintain a street system that helps to facilitate the distribution of traffic throughout the City and minimizes congestion, including during special events.
3 It should be noted that no new residences would be generated by the proposed Project. Therefore, only employees constitute 'service population' for the purposes of this analysis.
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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 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.
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.
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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
M-2.9
Bus Stops. Work with SunLine and other providers to improve bus stop amenities.
Rail and Air Travel. Participate with regional agencies and cities to promote rail and air service capacities that meet the needs of residents, workers, and visitors.
M-2.10 The Living Desert. Coordinate with The Living Desert to ensure Indian Wells residents have access to the reserve's nature walks and hiking trails.
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 Indian Wells General Plan Update
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traffic causes off -site intersections to perform beyond acceptable LOS standards.
Improvements shall include as conditions of approval, but not be limited to, the following:
■ On -site transportation facilities: streets, curbs, traffic control devices; ■ Access improvements: street extensions, widening, turn lanes, signals, etc.; • Street widening for streets fronting the development property as shown on the Circulation Plan map;
■ Right-of-way landscaping; and
• Off -site roadway and intersection improvements.
M -lb
M -lc
M -Id
Require vehicle miles traveled (VMT) analysis for land use application projects and transportation projects for the purposes of environmental review under the California Environmental Quality Act (CEQA). Adopt City -specific VMT thresholds and consider publishing Transportation Study Guidelines to establish methodologies and standards to evaluate transportation impacts from land development and transportation projects. The City shall continue to maintain LOS standards for the purposes of planning and designing street improvements.
Coordinate with other government entities in implementation of the City's Circulation Plan and Coachella Valley -wide circulation improvements. Entities include Caltrans, Coachella Valley Association of Governments (CVAG), LAFCO, Southern California Association of Governments (SCAG), Riverside County Transportation Commission (RCTC), Riverside County and adjacent communities.
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 -If Consider streetscape improvements such as landscaping, sidewalks, paths, lighting, and other pedestrian -oriented features in the City.
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.
RM-9a Consider giving preference to contractors and service providers who use reduced emission equipment for City construction projects and service contracts.
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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 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 Indian Wells General Plan Update
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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-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
RM-9k
Finding
Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.
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 related to the GPU's impact to the generation of greenhouse gas emissions. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to generating greenhouse gas emissions that may have a significant impact on the environment. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.8-9) Rationale for Finding
As stated above, the Project will not exceed GHG emission thresholds as a result of construction and operation of proposed buildout of the GPU. Although the findings were less than significant, the GPU proposes various policies and actions designed to support the statewide efforts toward GHG emissions reductions and the associated benefits in climate change. These policies include the efforts to provide energy efficient alternatives to fossil fuel use to reduce GHG emissions (Policy RM-9.1); encourage zero -emission vehicles, low emission vehicles, and car -sharing programs to reduce GHG emissions Indian Wells General Plan Update
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(Policy RM-9.2); protect residential areas and sensitive receptors from areas that produce GHG emissions and 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 GHG impacts, demonstrate consistency with SCAQMD and ICAPCD, and implement dust control measures.
Moreover, GHG and climate change benefits are supported and influenced, directly and inc irectly, 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 GHG reductions (Policy CD -1.1 and CD -1.8).
The Mobility Element will include various policies and actions designed to promote transportation efficiency across multiple modes, thus helping reduce the associated GHG emissions. 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 continued less than significant impacts to GHG emissions.
Impact 4.8 b The GPU would continue to comply with applicable plan, policy or regulation adopted for the purpose of reducing greenhouse gas emissions.
As previously mentioned, under Assembly Bill 32 passed in 2006, California must reduce its emissions to 1990 levels (431 million metric tons) by 2020. Senate Bill 32, signed in 2016, requires the State to go even further than AB 32 and cut emissions 40 percent below 1990 levels by 2030. More recently, Assembly Bill 1279 declared the policy of the state both to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and achieve and maintain net negative greenhouse gas emissions thereafter, and to ensure that by 2045, statewide anthropogenic greenhouse gas emissions are reduced to at least 85 percent below the 1990 levels. The 2022 Scoping Plan lays out the framework to achieve the AB 1279 target of 85 percent below 1990 levels by 2045 and identifies a need to accelerate the 2030 target to 48 percent below 1990 levels.
California's primary programs for reducing greenhouse gases are the Renewables Portfolio Standard, the Advanced Clean Cars Program, the Low Carbon Fuel Standard and the Cap -and -Trade Program.
Additional programs address a variety of greenhouse gas sources. These include the Short -Lived Climate Pollutants Strategy, the Sustainable Communities Strategy and the Sustainable Freight Action Plan. The 2022 Scoping Plan, adopted by CARB, lays out how these initiatives work together to reduce greenhouse gases to achieve California's 2030 target of 260 million metric tons and also to reduce smog -causing pollutants. This target will require California to more than double the rate at which it Indian Wells General Plan Update
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has been cutting climate -changing gases. Future reductions will occur against a backdrop of natural sources of GHGs which are increasingly variable because of the climate change California is already witnessing. The SCAQMD adopted the interim GHG significance threshold for stationary/industrial sources on December 5, 2008 which applies to projects where the SCAQMD is the lead agency.
CARB's statewide GHG emission inventory has tracked California's progress in reducing GHG emissions. On July 11, 2018, CARB announced that greenhouse gas pollution in California had fallen below 1990 levels for the first time since emissions peaked in 2004, an achievement roughly equal to taking 12 million cars off the road or saving 6 billion gallons of gasoline a year. Moreover, the agency findings also indicated a declining GHG emissions trend between 2007 and 2017. In 2017, emissions from GHG emitting activities statewide were 424 million MTCO2e, 5 million MTCO2e lower than 2016 levels and 7 million MTCO2e below the 2020 GHG Limit of 431 million MTCO2e. The largest reductions are attributed to the electricity sector, which continues to see decreases as a result of the State's climate policies. The transportation sector remains the largest source of GHG emissions in the State, but saw a 1 percent increase in emissions in 2017, the lowest growth rate over the past 4 years.
The transportation sector, the State's largest source of greenhouse gases, saw a 2 percent increase in emissions in 2016 because of increased fuel consumption. The State has also documented the increased use of biofuels as a result of the state's Low Carbon Fuel Standard. These low -carbon alternative fuels, consisting mostly of biodiesel, renewable diesel, and ethanol, reduced emissions by 14 million metric tons of carbon dioxide, when compared to what would have been generated if conventional fossil fuels had been used.
More recently, CARB's Statewide GHG emission inventory tracked year 2023 data. GHG emissions for 2023 totaled approximately 381 million MTCO2e, 43 million MTCO2e below the year 2017 levels.
The transportation sector remained the largest GHG sector, with 39 percent of total emissions, followed by the Industrial sector with 22 percent, Electricity at 16 percent, Agriculture & Forestry at 8 percent, Residential at 8 percent, and Commercial at 6 percent.
In summary, GPU implementation is expected to comply with SCAQMD regulations and statewide GHG reduction targets, and would be consistent with all applicable plans, policies, and regulations adopted for the purposes of reducing greenhouse gas emissions, including the 2022 CARB Scoping Plan. Therefore, the Proposed GPU would not generate significant levels of GHG emissions, and will not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing GHG emissions.
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, Indian Wells General Plan Update
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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.
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
RM-9d
RM-9e
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 Indian Wells General Plan Update
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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.
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
RM-9k
Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.
Schedule regular maintenance for the City fleet vehicles to reduce fuel consumption resulting in less air pollution and decrease fuel purchases.
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Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to an applicable plan, policy or regulation adopted for the purpose of reducing greenhouse gases. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to greenhouse gases. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.8-18) Rationale for Finding
As stated above, the project will not exceed GHG emission thresholds as a result of construction and operation of proposed buildout of the GPU. Although the findings were less than significant, the GPU proposes various policies and actions designed to support the statewide efforts toward GHG emissions reductions and the associated benefits in climate change. These policies include the efforts to provide energy efficient alternatives to fossil fuel use to reduce GHG emissions (Policy RM-9.1); encourage zero -emission vehicles, low emission vehicles, and car -sharing programs to reduce GHG emissions (Policy RM-9.2); protect residential areas and sensitive receptors from areas that produce GHG emissions and 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 GHG impacts, demonstrate consistency with SCAQMD and ICAPCD, and implement dust control measures.
Moreover, GHG and climate change benefits are supported and influenced, directly and inc irectly, 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 GHG reductions (Policy CD -1.1 and CD -1.8).
While the Mobility Element will include various policies and actions designed to promote transportation efficiency across multiple modes, thus helping reduce the associated GHG emissions.
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 help ensure that the GPU does not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Impacts continue to be less than significant.
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6. Hazards and Hazardous Materials
Impact 4.9 a&b: The GPU would not create a significant hazard to the public or the environment due to the routine transport, use, or disposal of hazardous materials; or create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.
The GPU would result in the future development of vacant areas and infrastructure improvements throughout the City. Future development and improvements could result in the transportation, use, and/or disposal of hazardous materials during construction or operation of future projects. Future activities may involve equipment or construction activities that use hazardous materials (e.g., coatings, solvents and fuels, and diesel -fueled equipment), cleanup of sites with known hazardous materials, the transportation of excavated soil and/or groundwater containing contaminants from areas that are identified as being contaminated, or disposal of contaminated materials at an approval disposal site.
While hazardous materials may be associated with industrial activities, hazardous materials may also be associated with the regular cleaning and maintenance of residential and other less intense uses.
Accidental release of hazardous materials that are used in the construction or operation of a project may occur. There is also the potential for accidental release of pre-existing hazardous materials, associated with previous activities on a site within the City limits.
The use, transport, and disposal of hazardous materials are regulated and monitored by local and regional fire departments, Certified Unified Program Agencies (CUPAs), California Occupational Safety and Health Administration (Cal OSHA) and the Department of Toxic Substances Control (DTSC) consistent with the requirements of federal, State, and local regulations and policies.
Hazardous materials are uti ived during short-term construction activities, or during long-term operation of a project. This is discussed subsequently.
Construction
The various phases of construction within the GPU Planning Area (grading, trenching, construction, architectural coating, street paving, etc.) are expected to involve the temporary management and use of oils, fuels and other potentially flammable substances. The nature and quantities of these products would be limited to what is necessary to carry out construction of a project. Some of these materials would be transported to the site periodically by vehicle and would be stored in designated controlled areas on a short-term basis. When handled properly by trained individuals and consistent with the manufacturer's instructions and industry standards, the risk involved with handling these materials is considerably reduced.
Furthermore, to prevent a threat to the environment during construction, the management of potentially hazardous materials and other potential pollutant sources may be regulated, in part, through the implementation of measures in the Storm Water Pollution Prevention Plan (SWPPP), if required by code at a project site. The implementation of a SWPPP requires a list of potential pollutant sources and the identification of construction areas where additional control measures are necessary to prevent pollutants from being released on -site or into the surroundings. Best management practices (BMPs) are necessary for proper material delivery and storage; material use; and spill prevention and control.
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As required by the SWPPP, the contractor will be required to identify a controlled staging area within the project limits for storing materials and equipment. These temporary measures outline the required physical improvements and procedures to prevent impacts of pollutants and hazardous materials to workers and the environment during construction. For example, all construction materials, including paints, solvents, and petroleum products, must be stored in controlled areas and according to the manufacturer's specifications. In addition, perimeter controls (fencing with wind screen), linear sediment barriers (gravel bags, fiber rolls, or silt fencing), and access restrictions (gates) would help prevent temporary impacts. Nonetheless, all hazardous materials would be stored, handled, and disposed of in accordance with local ordinances and State and federal regulatory requirements to reduce the risk of an accidental spill. Lastly, and upon project completion of construction, all hazardous materials would be removed from the project site. With such standard measures in place, less than significant impacts are anticipated during construction of future development.
Additionally, future construction activities would be conducted under the emergency response plan requirements set forth by the County of Riverside and the City of Indian Wells Municipal Code.
Operation
The City of Indian Wells is largely developed, with approximately 187 remaining developable acres.
Development throughout the City includes residential communities, golf communities, resorts, offices and professional buildings, restaurants, and sport complexes. The nature of these uses does not typically involve, as a primary activity, the routine transport, use, or disposal of hazardous materials in quantities or a manner that would pose a threat to the project and its surroundings or create a significant hazard through a foreseeable accident conditions involving the release of hazardous materials into the environment. The handling, application, and storage of cleaning agents, building maintenance products, paints, solvents and other related substances is expected to occur with the operation of resort, residential, commercial, and offices and professional buildings in order to carry out the necessary operations in each facility or use. However, these materials would not be expected to be present in sufficient quantities to pose a significant hazard to public health and safety, or the environment.
Throughout the City, landscape maintenance activities, including golf course maintenance, typically utilize products that may be hazardous in large quantities. However, these products are stored in compliance with manufacturer's standards. Onsite storage and maintenance areas may include hazardous materials associated with landscape maintenance (fertilizers, pesticides, herbicides), as well as the maintenance of golf carts and other equipment used for golf facilities. For facilities that store and use hazardous materials, the business owner/operator shall submit a Hazardous Materials Business Plan (HMBP) to the Riverside County Fire Department that identifies the hazardous materials to be used and stored on site, the location of the storage area, an emergency contingency plan showing how spills would be cleaned up, and any other information required in an HMBP. Or the owner/operator may provide evidence that the activities that will occur within this facility would not rise to the level that an HMBP is required.
According to Riverside County Municipal Code Chapter 8.64, Disclosure of Hazardous Materials and Formulation of Business Emergency Plans, the County established a system for permitting businesses that handle hazardous materials in order to enforce minimum standards respecting such materials. Under Indian Wells General Plan Update
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the administration of the County of Riverside Department of Environmental Health (DEH), and in compliance with the Hazardous Materials Release Response Plans and Inventory Law, Chapter 6.95 of the California Health and Safety Code (HSC), any business handling and/or storing a hazardous material shall obtain a permit from the DEH and electronically submit a business plan in the Statewide Informational Management System. Should any component of a development, such as maintenance areas, require the storage or handling of hazardous materials, as defined in Chapter 8.64 of the Riverside County Municipal Code, it shall be required to follow the procedures established in the Municipal Code and Chapter 6.95 of the HSC. Maintenance areas may contain storage of petroleum products, landscaping fertilizers, and other products required for onsite maintenance of the property.
Compliance of these procedures will ensure that potential impacts from the use, transport and disposal of hazardous materials would be less than significant during operation of facilities throughout the City.
Future development within the GPU would be required to comply with applicable federal, State, and local regulations to ensure impacts are less than significant. The GPU enforces these regulations with the policies and actions listed below.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
PS -5.1 Hazardous Ordinances. Enforce existing Federal, State, and local ordinances regulating the use, manufacture, sale, transport, treatment, storage, and disposal of hazardous substances.
PS -5.2 Regional Consistency. Uri ize the Riverside Countywide Integrated Waste Management Plan to ensure that local regulation and practices are consistent with the policy direction and action programs that the County recommends.
PS -5.3 Multi -Jurisdictional Coordination. Work with Riverside County Fire Department (RCFD) and other responding agencies to ensure that emergency personnel respond safely and effectively to a hazardous materials incident in the City.
PS -5.4 Public -Private Coordination. Require that developers coordinate with the Riverside County Department of Environmental Health to confirm that hazardous waste cleanup sites located within the City are remediated by the property owner in a manner that keeps the public safe.
PS -5.5 Hazardous Waste. Promote the proper disposal of hazardous waste, including paint, tires, medications, medical sharps, infectious waste, asbestos waste, construction waste, and electronic waste, through education, monitoring, and enforcement of proper use, storage, handling, and disposal.
PS -5.6 Household Hazardous Waste Disposal. Support the sitting waste and recycling service provider to continue the free Household Hazardous Waste (HHW) pick-up program for residents. Coordinate with the City's waste service provider and the County of Riverside to increase public awareness about proper disposal related to Indian Wells General Plan Update
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household hazardous waste; inform the Indian Wells community regarding relevant services and programs to address issues related to hazardous waste and materials; and discourage household storage of hazardous materials.
Actions
PS -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
PS -5d
PS -5e
Require the submittal of information regarding hazardous materials manufacturing, storage, use, transport, and/or disposal by existing and proposed businesses and developments to RCFD.
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.
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 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.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact related to the transport, use, or disposal of hazardous materials or possible release of hazardous materials into the environment. Overall, the Proposed GPU would have less than Indian Wells General Plan Update
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significant direct or indirect impacts relating to the transport, use, or disposal of hazardous materials, or the release of hazardous materials into the environment. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.9-29) Rationale for Finding
As stated above, the GPU established policies and actions to support and enforce the existing federal, State, and local regulations regulating hazardous materials. Future development proposed within the City will be required to comply with Policies PS -5.1 through PS -5.6. The policies outlined within the GPU will reduce the GPU's likelihood to create a significant hazard to the public or an accidental release of hazardous materials by regulating the use, transport, storage, and disposal of hazardous substances enforced by existing Federal, State, and local ordinances (PS -5.1 and PS -5.5); uti ize 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 and provide free Household Hazardous Waste (HHW) pick-up program for residents (PS -5.2 and PS -5.6); work with RCFD and other responding agencies to ensure that emergency personnel respond safely and effectively to a hazardous materials incident in the City (PS -5.3); and require that developers coordinate with the Riverside County Department of Environmental Health (DEH) to confirm that hazardous waste cleanup sites located within the City are remediated by the property owner in a manner that keeps the public safe (PS -5.4).
As part of the development review process, the City and future applicants shall 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, as required in Action PS -5a. Additionally, the City shall review development proposals in proximity to sensitive uses (i.e., schools, residential neighborhoods, etc.) (Action PS -5b), and require the submittal of information regarding hazardous materials manufacturing, storage, use, transport, and/or disposal by existing and proposed businesses and developments to RCFD (Action PS -5c). The City shall also implement a Household Hazardous Waste Collection Program to control the disposal of certain household wastes (Action PS -5d) and require a Phase I Environmental Site Assessment (ESA) at sites listed pursuant to Government Code Section 65962.5 (Action PS -5e). Future projects proposed within the City will be required to comply with Policies PS -5.1 through PS -5.6 and the associated actions to ensure that the future developments would not create a significant hazard to the public or the environment due to routine transport, use, or disposal of hazardous materials; or create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, impacts would be less than significant.
Impact 4.9-3: The GPU could be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5.
The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with CEQA requirements to provide information about the location of hazardous materials release sites. Government Code Section 65962.5 requires that a list of Indian Wells General Plan Update
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these sites be maintained and updated annually. The State's DTSC is responsible for a portion of the information contained in the Cortese List. To discover hazardous material sites within the GPU Planning Area GeoTracker, EnviroStor, and the EPA Enforcement and Compliance History Online (ECHO) were consulted in March 2024.
Three facilities were identified in the GeoTracker database; however, all sites were designated as completed, case closed. The EnviroStor database identified one site within the City. The site was a school investigation site, however, no contaminants were found and no action is required. Finally, the ECHO databased listed 27 locations within the City of Indian Wells. All 27 sites list on ECHO had a status of "No Violation Identified" within the three-year reporting period (see Tables 4.9-1 through
4.9-3 in the Draft EIR).
Federal and State regulations ensure that existing hazards, including those associated with known hazardous materials sites, are addressed prior to development. After the search of the three databases, it can be concluded that the sites listed are not anticipated to affect the City due to their distance to the site and their status as "Completed -Case Closed" or no violations.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
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 City are remediated by the property owner in a manner that keeps the public safe.
Actions
PS -5e
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 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.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact regarding a hazardous material site compiled pursuant to Government Code Section 65962.5. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating Indian Wells General Plan Update
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to hazardous materials sites. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.9-27) Rationale for Finding
Federal and State regulations ensure that existing hazards, including those associated with known hazardous materials sites, are addressed prior to development. After the search of the three databases, it can be concluded that the sites listed are not anticipated to affect the City due to their distance to the site and their status as "Completed -Case Closed" or no violations. However, the GPU established policies and actions to support and enforce the existing federal, State, and local regulations regulating hazardous materials sites. Future projects proposed within the City will be required to comply with Policies PS -5.1 through PS -5.6. Specifically, Policy PS -5.4 requires that developers coordinate with the Riverside County Department of Environmental Health (DEH) to confirm that hazardous waste cleanup sites located within the City are remediated by the property owner in a manner that keeps the public safe. As stated in Action PS -5e, a Phase I Environmental Site Assessment (ESA) shall be conducted at sites identified on any list of hazardous materials complied pursuant to Government Code Section 65962.5. The Phase I ESA would 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.
Impacts will remain less than significant.
Impact 4.9 g: The GPU would not expose people or structures to a significant risk of loss, injury or death involving wildland fires.
The City of Indian Wells Planning Area is located within a desert environment with sparse vegetation.
The mountainous areas in the southern part of the City consist primarily of rock outcroppings, with very little vegetative fuel to feed a wildfire. The County of Riverside publishes a "hazardous high fire areas map," which is updated periodically. The map delineates areas susceptible to wildland fires.
According to the map, the unincorporated areas southwest of the City's boundaries are designated as Very High and High Fire Hazard Severity Zones (FHSZ) within State Responsibility Areas. Areas within the City are not designated as Moderate, High, or Very High FHSZs because of the lack of vegetative fuel in the mountainous areas within the City. Urban fires are more of a concern in Indian Wells, however, compliance with State building and fire codes, which are also included in the Indian Wells Municipal Code in Chapters 16.12 and 16.32.
Development under the Proposed GPU would place people and structures in currently developed and urbanized areas along the valley floor of Indian Wells, i.e., areas not considered wildland urban interface (WUI). WUI areas are more likely to have a risk of wildland fires due to the sloped features and vegetative cover. The valley floor of Indian Wells contains landscaped features that are regularly watered. Development is not proposed along the slopes or wildland areas that make up the southern portion of the City. Future development would occur in the urban areas of the City, primarily north of Highway 111 and north and south (and east and west) of Miles Avenue. All future projects allowed under the General Plan would be required to comply with the provisions of State and local requirements related to building and fire codes.
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Per, Chapter 16.32 of the Indian Wells Municipal Code, provisions and appendices of the California Fire Code has been adopted by the City of Indian Wells. Chapter 16.32 also outlines amendments to the code, including applicability (Section 102.5 of the California Fire Code) regarding application of residential code; and required fire -flow for buildings other than one- and two-family dwellings. Chapter
16.32 also adds Section 104.7, Liability, where any liability against Riverside County and City of Indian Wells or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law; 104.1.1, Authority of the Fire Chief and Fire Department, where the Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council; and C103.1, Hydrant Spacing, where fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Future projects will be required to comply with the standards in Title 16, Building and Construction, specifically, Chapter 16.32, California Fire Code.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
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 -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.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact related to wildland fires. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to wildland fires. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.9-29) Rationale for Finding
Federal, State, and local regulations enforce fire safety measures that reduce impacts of fires and wildland fires. However, the GPU established policies and actions to support and enforce the existing federal, State, and local regulations regulating hazardous materials sites. Future projects within the City would be required to comply with California Building and Fire Codes and reduce the use of fire -prone building materials (Policy PS -2.1 and PS -2.4 and Action PS -2c); work with CALFIRE/RCFD to maintain an ongoing fire inspection program, and identify changes in regional fire severity zones (Policy PS -2.2 and PS -2.3 and Action PS -2a); educate residents on fire hazard risks and safety measures, and uphold local and regional fire protection plans (Policy PS -2.5 and PS -2.6 and PS -2b). Additionally, future development would be required to pay its pro -rata share of costs for fire services and upgrade older water mains to meet adequate water pressure for firefighting (Action PS -2d and PS -2e).
Moreover, as future development and infrastructure projects are considered by the City, each project would be evaluated for potential impacts, specific to the project, associated with wildland fire hazards as required under CEQA. Implementation of the GPU and the policies and actions would result in less than significant wildfire impacts.
Indian Wells General Plan Update
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7. Hydrology and Water Quality
Impact 4.10 a: The GPU would not violate water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality.
Construction -Related WaterQuality Impacts
The City of Indian Wells is largely developed. New construction would occur in vacant and infill lots north of Highway 111 and north and south (and east and west in some areas) of Miles Avenue, and redevelopment of existing properties could occur in the City. Grading, excavation, removal of vegetation cover, and loading activities associated with future construction activities could temporarily increase runoff, erosion, and sedimentation. Construction activities also could result in soil compaction and wind erosion impacts that could adversely affect soils and reduce the revegetation potential at construction sites and staging areas.
As required by the Clean Water Act, each subsequent development project or improvement project that exceeds one acre of disturbed surface area will require an approved Storm Water Pollution Prevention Plan (SWPPP) that includes best management practices for grading and preservation of topsoil. A SWPPP is not required if the project will disturb less than one acre. SWPPPs are designed to control storm water quality degradation to the extent practicable using best management practices during and after construction. Future development project applicants must submit the SWPPP with a Notice of Intent to the State Water Resources Control Board (SWRCB) to obtain a General Permit.
The SWRCB is an agency responsible for reviewing the SWPPP with the Notice of Intent, prior to issuance of a General Permit for the discharge of storm water during construction activities. The SWRCB accepts General Permit applications (with the SWPPP and Notice of Intent) after specific projects have been approved by the lead agency. The lead agency for each specific project that is larger than one acre is required to obtain a General Permit for discharge of storm water during construction activities prior to commencing construction (per the Clean Water Act).
The General Plan sets policies and actions for build -out of the City, but it does not envision or authorize any specific development project. Because of this, the site -specific details of potential future development projects are currently unknown and analysis of potential impacts of such projects is not feasible and would be speculative. However, each future project must include detailed project specific drainage plans that control storm water runoff and erosion, both during and after construction. As discussed above, the RWQCB will require a SWPPP to be prepared for each future project that disturbs an area one acre or larger. The SWPPPs will include project specific best management measures that are designed to control drainage and erosion.
New Development -Related WaterQualiiy Impacts
New development and infrastructure improvement projects under the proposed GPU could introduce constituents into the storm water system that are typically associated with urban runoff. These constituents include sediments, petroleum hydrocarbons, pesticides, fertilizers, and heavy metals such as lead, zinc, and copper, which build up during the dry months of the year and pollutes runoff during the initial runoff ("first flush"). Other common sources of storm water pollution in the City include Indian Wells General Plan Update
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litter, trash, pet waste, paint residue, organic material (yard waste), fertilizers, pesticides, sediments, construction debris, metals from automobile brake pad dust, air pollutants that settle on the ground or attach to rainwater, cooking grease, illegally dumped motor oil, and other harmful fluids.
The majority of development allowed under the GPU would be within areas currently developed with urban uses, and the amount and type of runoff generated by various future development and infrastructure projects would be similar to existing conditions. However, new development and infrastructure projects have the potential to result in increases in the amount of impervious surfaces throughout GPU Planning Area. Future increases in impervious surfaces would result in increased urban runoff, pollutants, and first flush roadway contaminants, as well as an increase in nutrients and other chemicals from landscape areas. These constituents could result in water quality impacts to on - and off -site drainage flows to area waterways.
Due to future development and infrastructure projects, the overall volume of runoff in Indian Wells could be increased compared to existing conditions. If the City's drainage system is not adequately designed, GPU buildout could result in localized higher peak flow rates. Localized increases in flow would be significant if increases exceed system capacity or contributed to bank erosion. However, federal, State and local regulations require stormwater protection from pollutants during operation of projects.
Future development and infrastructure project is required to prepare a detailed project specific drainage plan, Water Quality Management Plan (WQMP), and a SWPPP that will control storm water runoff and erosion, both during and after construction. If future development projects involve the discharge into surface waters the project proponent will need to acquire certain regulatory permits including but not limited to a National Pollution Discharge Elimination System (NPDES) permit, and Waste Discharge permit from the RWQCB and comply with all storm water sewer system (MS4) requirements. For new development, water quality standards and waste discharge requirements are also met through implementation of a project -specific WQMP in compliance with the NPDES permit program for post -construction stormwater runoff quantity and quality requirements by implementing proposed storm drain and retention facilities with a mandated operation and maintenance program to meet the Low Impact Development (LID) Site Design criteria. Retention facilities typically consist of surface basins or underground systems designed to capture and infiltrate urban runoff from the design storm event applicable to the development. The overall maintenance of private storm drain and retention systems are covered by the Operation and Maintenance (O&M) section of the Final WQMP and subject to a site -specific Stormwater Management/BMP Facilities Agreement (WQMP Agreement) with the City of Indian Wells. The O&M section of the WQMP requires the implementation, inspection, maintenance and frequency guidelines for measures which could include education for property owners and operators; activity restrictions; common area landscape management and efficient landscape design; common area litter control; contractor/employee training; common area catch basin inspection; street sweeping of private streets and parking lots; storm drain system stenciling and signage; trash and waste storage areas to reduce pollutant introduction. The WQMP Agreement establishes the owner or operator's responsibility to maintain the said facilities in accordance with the approved WQMP, also allowing for City entry for inspection and enforcement as necessary. The WQMP Agreement is signed by the owner/operator and City representatives before recordation against the property.
Indian Wells General Plan Update
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Colorado Riuer Basin Regional WaterQuali0 Control Board The Water Quality Control Plan for the Colorado River Basin Region (Basin Plan) is designed to preserve and enhance water quality in the Region and to protect the beneficial uses of all regional waters for the benefit of present and future generations. The Basin Plan contains the Region's beneficial uses for ground and surface waters, water quality objectives to protect beneficial uses, and implementation programs to achieve water quality objectives. The Basin Plan fulfills state and federal statutory requirements for water quality planning, thereby preserving and protecting ground and surface waters of the Colorado River Basin Region.
Local Implementation Plans
The City of Indian Wells enforces several strategic planning policies in order to anticipate the future, envision what the organization must become in order to operate effectively within that future, and make plans for moving the organization from what it is to what it needs to become to be successful.
The City enforces codes and regulations outlined in the Indian Wells Municipal Code to ensure proper land development and compliance with the federal, State, and local regulations.
The following GPU policies were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
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.
RM-6.7 Education. Strengthen education programs related to water protection and conservation.
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.
Finding
The policies listed above continue to support the less than significant findings related to the GPU's impact to water quality standards or waste discharge requirements. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to water quality standards or waste discharge requirements. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.10-11)
Rationale for Finding
Although the City enforces codes and regulations outlined in the Indian Wells Municipal Code to ensure proper land development and compliance with the federal, State, and local regulations, the GPU also establishes policies and actions designed to support various efforts relevant to surface water and Indian Wells General Plan Update
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groundwater quality. The policies and actions contained in the Resource Management Element are the most applicable to this matter. Policy RM-6.1 encourages the active participation 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. Policy RM-6.7 encourages the City to strengthen education programs related to water protection and conservation.
Finally, Policy RM-2.1 encourages the designation and preservation of 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. Therefore, implementation of the proposed GPU and associated policies is expected to result in less than significant impacts pertaining to water quality standards, waste discharge requirements, or other conditions capable of degrading surface or groundwater quality.
Impact 4.10 b: The GPU would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the GPU may impede sustainable groundwater management of the basin.
The Coachella Valley Groundwater Basin is the primary groundwater source in the Coachella Valley, with the Coachella Valley Water District (CVWD) being the domestic water purveyor serving the project site. Indian Wells is underlain by the Indio Subbasin, which is estimated to have 29.8 million acre-feet (AF) of water in the first 1,000 feet below the ground surface, or approximately 76 percent of the total groundwater in the Coachella Valley Groundwater Basin. CVWD works with other local water agencies and Coachella Valley stakeholders to implement water conservation, water reuse, and groundwater recharge strategies to ensure water availability and system capacity to meet the growing needs of the Coachella Valley Cities, including Indian Wells. Groundwater is pumped by local wells and distributed for drinking and irrigation purposes. To offset the amount of water pumped by local wells, the region's water agencies import water from the Colorado River to replenish the basin, recycle wastewater for irrigation, and incentivize conservation — this is called "groundwater management".
Historically, more groundwater has been pumped out of the Indio Subbasin each year than the amount of water that naturally replenishes the groundwater basin. Overdraft occurs when a groundwater basin has pumping (demands) that exceed recharge (supplies) over the long term. Agencies within the Indio Subbasin began to actively manage the Subbasin in 2002 with development of the 2002 Coachella Valley Water Management Plan in order to address this issue. This plan was updated in 2010 to document the accomplishments in reducing overdraft and to address changed conditions since 2002.
CVWD, Coachella Water Authority (CWA), Desert Water Agency (DWA), and Indio Water Authority (IWA) collectively represent the Indio Subbasin GSAs. In January 2017, the GSAs submitted to DWR the 2010 Coachella Valley Water Management Plan (2010 CVWMP), accompanied by an Indio Subbasin Bridge Document, as a SGMA-compliant Alternative Plan. On July 17, 2019, DWR approved the Alternative Plan with a requirement to submit an Alternative Plan Update by January 1, 2022 and every five years thereafter. Based on the Indio Subbasin SGMA documentation, the combined strategies have resulted in significant groundwater levels (storage) increases across the subbasin, thus allowing the region to comply with the framework for sustainable management. The largest groundwater level increases are observed in the western Coachella Valley, near the Whitewater River Groundwater Replenishment Facility and in the eastern Coachella Valley, near the Thomas E. Levy Groundwater Replenishment Facility, where the level increases have been as much as 200 feet and 100 Indian Wells General Plan Update
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feet respectively. In the area on or around City of Indian Wells, groundwater level increases have ranged from 7 to 15 feet, reflecting the benefits of source substitution and conservation programs.
CVWD works with other local water agencies and Coachella Valley stakeholders to implement water conservation, water reuse, and groundwater recharge strategy to ensure water availability and system capacity to meet the growing needs of the Coachella Valley. CVWD collaborates with maintenance of three replenishment facilities serving the Indio Subbasin: Whitewater River Groundwater Replenishment Facility, the Thomas E. Levy Groundwater Replenishment Facility, and the Palm Desert Groundwater Replenishment Facility.
In 2014, the California Legislature signed a three -bill legislative package into law, collectively known as the Sustainable Groundwater Management Act (SGMA). SGMA allows local agencies to manage groundwater resources in a sustainable manner, with management efforts tailored to the resources and needs of their specific communities. Groundwater management is described as the planned and coordinated monitoring, operation, and administration of a groundwater basin sustainability. The Coachella Valley Groundwater Basin is designated by DWR as a medium priority basin. CVWD is the Groundwater Sustainability Agency (GSA) for the majority of the eastern portion of the Indio Subbasin, including the area that underlies the project area. Since groundwater management has been a historic effort in the Coachella Valley, local agencies have been able to adapt their current measures as part of their sustainability plan.
Artificial replenishment, or recharge, is recognized by the water districts as one of the most effective methods available for preserving local groundwater supplies, reversing aquifer overdraft and meeting demand by domestic consumers. According to the CVWD website on Groundwater Replenishment and Imported Water, local agencies have percolated over 650 billion gallons of water back into the aquifer to date. In the central part of the Coachella Valley, groundwater recharge is provided by the recently constructed first phase of the Palm Desert Groundwater Replenishment Facility. According to the CVWD web site, this facility is expected to add up to 25,000 acre-feet of Colorado River water annually into the aquifer. Combined with water conservation and efficiency requirements, individual development projects can contribute to groundwater sustainability by implementing the required stormwater runoff retention and infiltration facilities. The GPU will not impede or conflict with any existing or planned groundwater recharge facility. The proposed GPU aligns with the local and regional groundwater recharge strategies and complies with the local retention ordinance by maintaining on - site infiltration requirements applicable to future development plans.
Moreover, the City will continue to implement water conservation measures in accordance with the applicable landscape ordinance requirements pertaining to water efficient irrigation systems and drought -tolerant plant selection (Indian Wells Municipal Code 21.60). Interior fixtures are also expected to be water efficient, thus complying with the local water conservation strategies. With the continued implementation of water conservation measures, impacts related to groundwater supplies and management will be less than significant.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
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RM-6.2
RM-6.3
RM-6.4
RM-6.5
RM-6.6
Actions
RM-6a
RM-6b
RM-6c
RM-6d
RM-6e
RM-6f
Groundwater Management. Protect the underlaying water basin from overextraction by encouraging sustainable groundwater recharge and management.
Conservation. Encourage the use of water conserving appliances and fixtures in all new developments, as required by state law.
Water -Saving Design. Incorporate water -wise native landscaping or alternative water saving materials (i.e. artificial turf) whenever feasible within the City.
Non -Potable Waterlines. Continue to support the extension of non -potable waterlines for irrigation use, especially to Highway 111, local businesses, and Homeowners Associations.
Reclaimed Water. Encourage water -intensive land uses, such as golf courses, to uti i 'e reclaimed water, where feasible for landscaping and irrigation needs.
Periodically review and update, as needed, the City's Water Efficient Landscape Ordinance to optimize conservation and comply with State Assembly Bill 325.
Recommend the establishment incentives/funding for projects or residences that implement water conservation measures.
Work with CVWD to establish a historical record of Indian Wells water utilization for existing average home, City consumption, gated communities' common area and existing individual businesses.
Incorporate water -wise native landscaping or alternative water saving materials in recently constructed medians.
Require the installation of water conservation devices in new development pursuant to the Uniform Building, Mechanical, and Electrical Codes.
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.
Indian Wells General Plan Update
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• 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 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.
Indian Wells General Plan Update
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Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to groundwater supplies or recharge. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to groundwater supplies or recharge. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.10-15)
Rationale for Finding
The City will continue to implement water conservation measures in accordance with the applicable landscape ordinance requirements pertaining to water efficient irrigation systems and drought -tolerant plant selection (Indian Wells Municipal Code 21.60). Although the City enforces codes and regulations outlined in the Municipal Code to ensure water conservation in compliance with the federal, State, and local regulations, the GPU also establishes policies and actions designed to support various efforts relevant to groundwater supplies, recharge and management. Policies RM-6.2 through RM-6.6 encourage sustainable groundwater recharge and management, the use of water conserving appliances and fixtures in all new developments (as required by State law), incorporates water -wise native landscaping and alternative water saving materials (i.e., artificial turf), supports the extension of non - potable waterlines for irrigation use, and encourages water -intensive land uses, such as golf courses to utilize reclaimed water. These policies protect the underlaying water basin from overextraction by enforcing conservation and water -efficient fixtures. Actions RM-6a through RM-6k support the policies listed above by updating the City's Water Efficient Landscape Ordinance periodically, encourage water conservation measures, working with CVWD to monitor water use throughout the City, incorporating water -wise native landscaping along roadway medians, and install water conservation devices and weather -based irrigation controls. Therefore, implementation of the Proposed GPU and associated policies and actions is expected to result in less than significant impacts pertaining to groundwater supplies or groundwater recharge.
Impact 4.10 c(i): The GPU would increase impervious surfaces but would not substantially alter the existing drainage pattern in a manner which would result in substantial erosion or siltation.
The City of Indian Wells has been largely developed, with residential, commercial, and open space uses throughout the northern portions of the City. Two drainage courses exist within the City: the Deep Canyon Stormwater Channel and Whitewater River (and connecting Coachella Valley Stormwater Channel). Both channels, along with the other methods of storm water control systems, work to r irect runoff away from existing development within the City.
Future development within the GPU Planning Area would occur within infi and vacant lots primarily located north of Highway 111, north and south (and east and west where applicable) of Miles Avenue.
Any proposed land uses would result in an increase in impervious land cover through the introduction of structures, hardscape and streets. Without engineering controls, such land use changes would translate to an increase in total stormwater runoff volume, an increase in runoff velocity, and a greater peak discharge. However, as is required through the City's engineering standards for land subdivision Indian Wells General Plan Update
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and development, the future project will incorporate on -site infrastructure to intercept, convey, and retain stormwater runoff resulting from the worst -case 100 -year storm event.
Chapter 21.70.050(G), Stormwater Management, states that stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality.
Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on -site retention and infiltration are encouraged. Project applicants shall refer to the District, the City, and/or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans. Rain gardens and other landscape features that increase rainwater capture and infiltration are recommended.
The hydrologic self -containment generally required from new development would prevent the release of runoff into neighboring properties and flood control facilities, therefore preventing off -site siltation and erosion impacts. All on -site impervious and pervious land cover resulting from project implementation, including storm drain systems and surface basins, will be subject to proper operation and maintenance during the life of the project, as mandated by the WQMP agreement that will be required of this project prior to issuance of a grading permit. Therefore, less than significant impacts are expected pertaining to substantial erosion or siltation, on- or off -site.
Implementation of the GPU may allow development and improvement projects that would involve some land clearing, grading, and other ground -disturbing activities that could temporarily increase soil erosion rates during and shortly after project construction. As required by the Clean Water Act, each subsequent development project or improvement project exceeding an acre in disturbance will require an approved SWPPP that includes best management practices for grading and preservation of topsoil.
SWPPPs are designed to control storm water quality degradation to the extent practicable using best management practices during and after construction.
As discussed previously, the City of Indian Wells regulates stormwater discharge in according with the NPDES permit through Chapter 16.52 of the Indian Wells Municipal Code that discusses Storm Water Management and Discharge Controls. Additionally, Chapter 22.04 provides erosion control and protection measures, and Chapter 16.36 includes standards for flood damage prevention and floodplain management.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
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.
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.
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.
Indian Wells General Plan Update
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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 uti ration 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 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.
Indian Wells General Plan Update
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RM-6i Through the development review process, continue to cooperate with CVNX/D 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.
Finding
The regulatory requirements listed above continue to support the less than significant findings related to the GPU's impact to erosion or siltation on- or off -site. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to erosion or siltation on- or off -site.
Accord ingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.10-19)
Rationale for Finding
State and local requirements regulate water runoff that could lead to erosion or siltation. Chapter
21.70.050 (G), stormwater management, and Chapter 16.52, stormwater management and discharge controls of the Indian Wells Municipal Code regulates stormwater, flood, and erosion control by setting standards during construction and operation of projects. For example, Chapter 21.70.050 (G) encourages stormwater runoff management to minimize runoff and increase water in the basin.
Minimizing runoff at sites would reduce waterborne erosion and siltation. The City also established engineering standards for land subdivision and developments to ensure that onsite infrastructure intercepts, conveys, and retains stormwater runoff resulting from the worst -case 100 -year storm event.
Future projects within the City would also be required to comply with NPDES programs, including SWPPP during construction, and submit a post -construction project WQMP for review and approval.
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The SWPPP and WQMP ensures BMPs are implemented during construction and operation (respectively) to ensure erosion and siltation does not occur.
In addition to complying with the NPDES programs and WQMP stormwater requirements, the GPU contains policies to reduce impacts associated with stormwater and drainage including policies to maintain sufficient levels of storm drainage service, improvements to flood control facilities and channel segments, and other best practices in order to protect the community from flood hazards and minimize the discharge of materials into the storm drain system that are toxic or that could lead to siltation. Moreover, the GPU does not propose any development at the time of writing, however, implementation of the GPU may facilitate future development within the City. The vacant portions of the City are primarily located in developed areas and are considered "infill" development. Therefore, the occurrence of substantial erosion or siltation due to site development within these portions is unlikely.
Therefore, implementation of the proposed GPU and associated regulatory requirements will continue the less than significant impacts pertaining to the drainage conditions throughout the City resulting in substantial erosion or siltation.
Impact 4.10 c(ii): The GPU would not increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site.
Construction activities are regulated by the NPDES General Construction Storm Water Permit that apply to project -level land development activities. Compliance with the storm water permit during construction activities requires the preparation of a SWPPP that contains BMPs to control the discharge of pollutants, including sediment, into local surface water drainages. Additionally, the City, in accordance with its approved Phase I Storm Water Management Program, must implement Post - Construction Storm Water Management in new development and redevelopment.
A gradual increase in impervious cover associated with new development could increase operational storm water runoff. In addition to complying with the NPDES programs and WQMP stormwater requirements, the Proposed GPU contains policies and actions to reduce impacts associated with stormwater and drainage including policies to maintain sufficient levels of storm drainage service, improvements to flood control facilities, and other best practices in order to protect the community from flood hazard, and minimize the discharge of materials into the storm drain system that are toxic, or which could obstruct flows. Additionally, the governing regulations encourage stormwater be directed towards permeable surfaces, incorporate stormwater capture, and promote BMPs and Low Impact Development measures (LID) to treat stormwater.
Future development under the Proposed GPU would result in a progressive reduction in the amount of impervious soil surfaces available for infiltration of rainfall and runoff, but such changes would occur for limited infill areas that have largely been disturbed. The pollutants generally associated with urban runoff from new development would be captured and retained in privately constructed and operated storm drain systems and applicable forms of flood control subject to review and approval at the project level.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 85 -
Council Agenda- February 13, 2025
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
PS -3.1 Maintain Stormwater Infrastructure. Preserve the quality and function of the Whitewater River/Coachella Valley Stormwater Channel, and subsequent flood control facilities, by proactively planning for improvements, regularly performing maintenance, and limiting development within the flood plain and flood way.
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.
PS -3.3 NPDES. Adhere to requirements of the Riverside County Flood Control and Water Conservation District's NPDES/Municipal Stormwater Management Program.
PS -3.4 Regional Coordination. Maintain communication with RCFCD regarding regional flood facilities and the potential future need to expand the capacity of flood control facilities based on changing 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 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.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 86 -
Council Agenda- February 13, 2025
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.
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 u ili 'e 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.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 87 -
Council Agenda- February 13, 2025
• 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-61 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.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to on- or off -site flooding. Overall, the Proposed GPU would have less than significant direct or inr irect impacts relating to on- or off -site flooding. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.10- 21)
Rationale for Finding
As stated above, State and local requirements regulate surface runoff that could result in flooding, including NPDES programs (construction SWPPP) and post -construction WQMP. Additionally, the Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 88 -
Council Agenda- February 13, 2025
City plans to regularly maintain the regional stormwater facilities including the Whitewater River/Coachella Valley Stormwater Channel, as well as maintain floodplain management ordinances, response plans, and building and safety codes to comply with applicable Federal and State law, and National Flood Insurance Program requirement. The policies also require communication with Riverside County Flood Control (RCFC) regarding regional flood control facilities. Based on changing flood conditions associated with climate change and extreme weather. Moreover, the City will 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. Future development under the proposed GPU would result in a progressive reduction in the amount of impervious soil surfaces available for infiltration of rainfall and runoff, but such changes would occur for limited infill areas that have largely been disturbed. Urban runoff from new development would be captured and retained in privately constructed and operated storm drain systems and applicable forms of flood control subject to review and approval at the project level. This would ensure runoff is captured and does not flood developments in the City or areas surrounding development. GPU Actions RM-6a through RM-6k facilitates the City's compliance with established construction and post -construction water management, as well as water conservation methods that would reduce the potential for on- or off -site flooding. The conservation methods, including the implementation of water -efficient irrigation and landscaping, would reduce the likelihood of overwatering or flooding from a broken facility. Therefore, implementation of the proposed GPU and associated policies is expected to result in less than significant impacts pertaining to increases or changes to surface runoff in a manner which could result in flooding conditions.
Impact 4.10 c(iii): The GPU would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional source of polluted runoff.
Stormwater runoff volume generated from the City is intercepted and conveyed along existing storm drain infrastructure that is managed and integrated at the regional level under CVWD as the practical flood control manager. The Proposed GPU does not propose extensive land use changes or project - level development that would conflict with the existing engineering or regulatory requirements.
Additionally, all new development in the City will require the pertinent construction of infrastructure improvements, such as streets, sidewalks, storm drains, sewer lines, water lines, utilities, and associated facilities. At a minimum, development within the City will be required to implement flood protection measures that will protect potential development from the controlling 100 -year storm event runoff volume. Because all the vacant residential land in the City is located in developed areas and is considered "infill" development, the requirement for site improvements will be tailored to those areas under City review. Under these conditions, future development within the City does not involve the excessive release of runoff into the existing stormwater channels. Accordingly, the site does not contribute existing sources of pollutants.
Off -site drainage from mountainside tributary areas is separately handled by the existing formal channels, which are publicly owned and maintained. Similarly, this project does not propose physical improvements that would impair the capacity of these facilities. The Deep Canyon Stormwater Channel and the Whitewater River (and the connecting CVSC) would continue to operate as designed, without Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 89 -
Council Agenda- February 13, 2025
receiving any excessive amounts of runoff from the surrounding areas. Additionally, future development within the City will be required to implement flood control infrastructure, thus minimizing the amount of runoff directed towards the existing channels. Less than significant impacts are anticipated.
Polluted runoff can occur during construction or operation of future sites. Grading, excavation, removal of vegetation cover, and loading activities associated with future construction activities could temporarily increase runoff, erosion, and sedimentation. As required by the Clean Water Act, each subsequent development project or improvement project that exceeds one acre of disturbed surface area will require an approved Storm Water Pollution Prevention Plan (SWPPP) that includes best management practices for grading and preservation of topsoil. A SWPPP is not required if the project will disturb less than one acre. SWPPPs are designed to control storm water quality degradation to the extent practicable using best management practices during and after construction.
New development and infrastructure improvement projects under the proposed GPU could introduce constituents into the storm water system that are typically associated with urban runoff. These constituents include sediments, petroleum hydrocarbons, pesticides, fertilizers, and heavy metals such as lead, zinc, and copper. These pollutants tend to build up during the dry months of the year.
Precipitation during the early portion of the wet season (generally from November to April) washes away most of these pollutants, resulting in high pollutant concentrations in the initial wet weather runoff. This initial runoff is referred to as the "first flush" of storm events. Subsequent periods of rain would result in less concentrated pollutant levels in the runoff.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
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.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 90 -
Council Agenda- February 13, 2025
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-61 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.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 91 -
Council Agenda- February 13, 2025
• Periodically review the fee schedules for water connections and revise fees as necessary to cover the cost of related services and facilities.
RM-6j
RM-6k
Finding
Cooperate with CVWD to update population projections, water use generation formulas, needed improvements, and programs within the Integrated Regional Water Management Plan (IRWM) at least every five years.
Work with CVWD to expedite the improvement and expansion of water and reclaimed water facilities when necessary.
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to runoff water which could exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Overall, the Proposed GPU would have less than significant c irect or indirect impacts relating to the stormwater drainage systems. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.10-21)
Rationale for Finding
As stated above, State and local requirements regulate stormwater drainage and runoff, and require flood control infrastructure. Future development within the City will be required to implement flood control infrastructure, thus minimizing the amount of runoff directed towards the existing channels.
Less than significant impacts are anticipated. GPU Actions RM-6a through RM-6k facilitates the City's compliance with established construction and post -construction water management, as well as water conservation methods that would reduce potential impacts to stormwater drainage systems. Therefore, implementation of the Proposed GPU and associated policies and actions is expected to result in less than significant impacts pertaining to stormwater drainage systems.
Impact 4.10 c(iv): The GPU would not impede or redirect flood flows.
The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) serve as the basis for identifying potential hazards and determining the need for and availability of federal flood insurance. As previously mentioned, FEMA flood zone designations rely on a variety of flood risk information based on historic, meteorological, hydrologic and hydraulic data, as well as existing development, open space and topographic conditions within an area. FIRM data and corresponding zone designations are represented in numbered panels. The applicable FIRM Panels to the project site are identified as Panel Numbers 06065C2226H, 06065C2227H, 06065C2231H, 06065C2228H, 06065C2229H, and 06065C2233H, applicable to the site since April 19, 2017.
Approximately 7.7 percent, or 720 acres, of the City is designated by Federal Emergency Management Agency (FEMA) as Special Flood Hazard Areas (Zones A, AE, AO). Zone A consists of low-lying areas that are in close proximity to lakes, ponds, and other large bodies of water. Zone AE flood zones are areas that present a 1% o annual chance of flooding. Zone AO is the flood zone that corresponds to Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 92 -
Council Agenda- February 13, 2025
the areas of 1°/0 shallow flooding where average depths are between 1 and 3 feet. Approximately 444 acres of Indian Wells is designated as Zone A, however, most of it is contained in the two primary stormwater channels. FEMA Zones AO and AE are located in the southwest corner of the City, primarily due to its adjacency to the natural alluvial fan feature, cut by braided stream channels, located southwest of the City. Approximately 1,055 acres of the City are designated by FEMA as part of the 500 -year flood zone (Zone X Shaded) and the remaining 7,558 acres are deemed to be areas of minimal hazard or areas with reduced risk due to levee improvements (Zone X).
The City contains natural and human -made drainage courses along the base of the Santa Rosa Mountains. Infrastructure within the City limits is protected from the drainage by existing public flood control infrastructure consisting of two channels designed to convey flows to the Coachella Valley floor and eventually Whitewater River. The two channels are the Whitewater River (and the connecting) and the Deep Canyon Stormwater Channel (DCSC). The ephemeral nature of local drainage translates to short-term duration after storm events, rather than continuous or long-term flows. The presence of this flood control infrastructure allows the majority of the City to operate under reduced risk of flooding. CVWD outlets assist the drainage of stormwater into the CVSC and the DCSC. CVWD also provides slope protection and service roads within the CVSC and the DCSC, for continual maintenance of the channels.
The following GPU actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
PS -3.1 Maintain Stormwater Infrastructure. Preserve the quality and function of the Whitewater River/Coachella Valley Stormwater Channel, and subsequent flood control facilities, by proactively planning for improvements, regularly performing maintenance, and limiting development within the flood plain and flood way.
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.
PS -3.3 NPDES. Adhere to requirements of the Riverside County Flood Control and Water Conservation District's NPDES/Municipal Stormwater Management Program.
PS -3.4 Regional Coordination. Maintain communication with RCFCD regarding regional flood facilities and the potential future need to expand the capacity of flood control facilities based on changing 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.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 93 -
Council Agenda- February 13, 2025
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 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.
RM-6g Work with CVWD and private developers to encourage water conservation in the following ways:
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 94 -
Council Agenda- February 13, 2025
• 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 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.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 95 -
Council Agenda- February 13, 2025
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.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to impeding or redirecting flood flows. Overall, the Proposed GPU would have less than significant c irect or indirect impacts relating to flood flows. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.10-22) Rationale for Finding
Implementation of the Proposed GPU would establish updated land use designations Recreation to Resort Commercial for the vacant lands located north of Highway 111, on the east and west sides of Miles Avenue. The remaining developable infill lands dispersed throughout the City would maintain their current designations. Implementation of the GPU would not preclude project -level proposals from the requirement to demonstrate the appropriate flood control, storm drain, and hydrology compliance in relation to the existing infrastructure. Existing drainage patterns on protected open space and along the dedicated flood control facilities would not be substantially altered by means of land use designations or policies in a manner that would affect the connectivity and function of local resources.
Future efforts toward channel improvements will follow the appropriate environmental review and engineering approval process under CVWD's jurisdiction and other relevant water resource agencies to ensure capacity and consistency with regional facilities. The existing engineering requirements on new project -specific development proposals to adequately convey or retain stormwater runoff while protecting new structures and facilities would not be modified by the Proposed GPU. Therefore, the project would not incur planning or project -level modifications capable of impeding or redirecting flood flows. Regarding potential impedances or redirection of flood flows, less than significant impacts are anticipated.
Additionally, the City plans to regularly maintain the regional stormwater facilities including the Whitewater River/Coachella Valley Stormwater Channel (Policy PS -3.1), as well as maintain floodplain management ordinances, response plans, and building and safety codes to comply with applicable Federal and State law, and National Flood Insurance Program requirement. The policies also require communication with Riverside County Flood Control (RCFC) regarding regional flood control facilities (Policies PS -3.2, PS -3.4, PS -3.5, PS -3.6, PS -3.7 and PS -3.8). Moreover, the City will 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 (Policies PS -3.9 and PS -3.10). Future development under the proposed GPU would result in a progressive reduction in the amount of impervious soil surfaces available for infiltration of rainfall and runoff, but such changes would occur for limited in=i areas that have largely been disturbed. Urban runoff from new development would be captured and retained in privately Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 96 -
Council Agenda- February 13, 2025
constructed and operated storm drain systems and applicable forms of flood control subject to review and approval at the project level. This would ensure runoff is captured and does not flood developments in the City or areas surrounding development. GPU Actions RM-6a through RM-6k facilitates the City's compliance with established construction and post -construction water management, as well as water conservation methods that would reduce the potential for on- or off -site flooding. The conservation methods, including the implementation of water -efficient irrigation and landscaping, would reduce the likelihood of overwatering or flooding from a broken facility. Therefore, implementation of the proposed GPU and associated policies is expected to result in less than significant impacts pertaining to increases or changes to surface runoff in a manner which could result in flooding conditions.
Impact 4.10 d: The GPU would not risk release of pollutants due to inundation as a result of a flood, tsunami, or seiche.
FIRM Panel Numbers 06065C2226H, 06065C2227H, 06065C2231H, 06065C2228H, 06065C2229H, and 06065C2233H, applicable to the site since April 19, 2017, identify the current FEMA flood zone designations, which are categorized by lettered identifiers with corresponding levels of risk. According to the map panels, the majority of the City is designated as Zone X or other areas, while less than 8% is designated as Zone A, Zone AE, or Zone AO which applies to areas with a 1 -percent annual chance of flooding. These portions include the existing watersheds and drainage channels known as the Deep Canyon Stormwater Channel and the Whitewater River (and connecting Coachella Valley Stormwater Channel (CVSC)). The watersheds drain towards the Deep Canyon Stormwater Channel (DCSC), where stormwater is collected and distributed towards the Whitewater River and CVSC. The CVSC then distributes flows towards the Salton Sea. As such, there are no existing or proposed habitable structures in Zone A, Zone AE, or Zone AO designations. The GPU does not propose any future development or changes to the existing special flood hazard areas. Future efforts to improve regional stormwater management and flood control infrastructure will continue to be subject to the applicable standards managed by CVWD as the governing flood control agency in the City. The GPU will not conflict with such processes.
Moreover, the City is not located near any coastal areas and therefore is not prone to tsunami hazards.
The project is not located near any large body of water or any area recognized for being susceptible to seiche risk. Existing artificial water features within the project site have been constructed by prior engineering plans and are actively maintained. The flood control channels within the city have been designed for the corresponding off -site tributary flows occurring after storm events and therefore do not involve the permanent or continuous stormwater storage or containment. The existing potable water reservoirs owned by CVV/D have been constructed in compliance with the seismic requirements.
On -site inundation conditions are prevented by the previously discussed stormwater retention facilities.
Therefore, pertaining to flood, tsunami, seiche zone, or pollutant releases associated with inundation, less then significant impacts are expected.
The following GPU actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Actions
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 97 -
Council Agenda- February 13, 2025
RM-6a
RM-6b
RM-6c
RM-6d
RM-6e
RM-6f
Periodically review and update, as needed, the City's Water Efficient Landscape Ordinance to optimize conservation and comply with State Assembly Bill 325.
Recommend the establishment incentives/funding for projects or residences that implement water conservation measures.
Work with CVWD to establish a historical record of Indian Wells water uti ration for existing average home, City consumption, gated communities' common area and existing individual businesses.
Incorporate water -wise native landscaping or alternative water saving materials in recently constructed medians.
Require the installation of water conservation devices in new development pursuant to the Uniform Building, Mechanical, and Electrical Codes.
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.
Indian Wells General Plan Update
CEQA Findings of Fact and Statement of Overriding Considerations - 98 -
Council Agenda- February 13, 2025
RM-6h Whenever feasible, incorporate improved open space and preservation areas in areas used for groundwater recharge and/or drainage detention.
RM-61 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.
Finding
The actions listed above continue to support the less than significant findings related to the GPU's impact from flood hazards, tsunami, or seiche zones. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to flood hazards, tsunamis or seiche zones. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.10-22)
Rationale for Finding
The City is not located near any coastal areas and therefore is not prone to tsunami hazards. The GPU Planning Area is not located near any large body of water or any area recognized for being susceptible to seiche risk. Existing artificial water features within the project site have been constructed by prior engineering plans and are actively maintained. The flood control channels within the City have been designed for the corresponding off -site tributary flows occurring after storm events and therefore do not involve the permanent or continuous stormwater storage or containment. The existing potable water reservoirs owned by CVWD have been constructed in compliance with the seismic requirements.
On -site inundation conditions are prevented by the previously discussed stormwater retention facilities.
Indian Wells General Plan Update
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Therefore, pertaining to flood, tsunami, seiche zone, or pollutant releases associated with project inundation, less then significant impacts are expected.
Impact 4.10 e: The GPU would not conflict or obstruct implementation of a water quality control plan or sustainable groundwater management plan.
Future development in the City is expected to implement project -specific WQMPs to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit. This type of compliance document applies to the post -construction (operational) stage of future projects. The content and methodology of each project -specific WQMP are governed by the Whitewater River Region, Water Quality Management Plan Guidance Document, dated June 2014 and revised in January 2015, but may be updated during the life of the GPU. The primary objective of the WQMP is to ensure that the land development proposals prevent or minimize the impact of Urban Runoff on Receiving Waters to the Maximum Extent Practicable (MEP). This objective is achieved through the review of project -specific existing and proposed conditions to install desert -appropriate, post -construction Best Management Practices (BMPs) meeting the criteria of Low Impact Development (LID) standards. The LID standards are established in the Riverside County Whitewater River Region Stormwater Quality Best Management Practice Design Handbook for Low Impact Development (Handbook).
The project -specific WQMP is a form of compliance document that is prepared concurrently with the engineering plans (grading, storm drain, street) and the hydrology report for the proposed development. Aspects of the WQMP include an evaluation of existing conditions; an assessment of the regional surface water quality impairments; an assessment of the proposed land uses; and identification of source control and site design measures (BMPs) to handle runoff resulting from individual projects. Existing regional stormwater and flood control infrastructure serving the City of Indian Wells will not be impacted by individual development occurring within the GPU framework due to the applicable engineering standards and requirements for on -site retention.
A traditional land development project would need to allocate land for facilities to retain or treat runoff.
Project -specific WQMPs will also include the required operation and maintenance guidelines to ensure that on -site facilities are actively maintained for effectiveness, without placing a burden on the City or regional agency resources. With implementation of project -specific WQMPs, the operational aspects of each project will comply with the regulatory water quality objectives.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
RM-6.2
RM-6.3
Groundwater Management. Protect the underlaying water basin from overextraction by encouraging sustainable groundwater recharge and management.
Conservation. Encourage the use of water conserving appliances and fixtures in all new developments, as 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 within 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.
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.
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.
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• 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 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.
Finding
The policies and actions listed above continue to support the less than significant finding related to the GPU's impact to a water quality control plan or sustainable groundwater management plan. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to the Indian Wells General Plan Update
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obstruction of a water quality control plan or sustainable groundwater management 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 pg. 4.10-24)
Rationale for Finding
Implementation of the GPU includes policies and actions in the Resource Management Element to maintain consistency with the sustainable groundwater management plan strategies applicable at the regional local level. Policies RM-6.2 through RM-6.6 encourage sustainable groundwater recharge and management, the use of water conserving appliances and fixtures in all new developments (as required by State law), incorporates water -wise native landscaping and alternative water saving materials (i.e., artificial turf), supports the extension of non -potable waterlines for irrigation use, and encourages water -intensive land uses, such as golf courses to utilize reclaimed water. These policies protect the underlaying water basin from overextraction by enforcing conservation and water -efficient fixtures.
Actions RM-6a through RM-6k support the policies listed above by updating the City's Water Efficient Landscape Ordinance periodically, encourage water conservation measures, working with CVWD to monitor water use throughout the City, incorporating water -wise native landscaping along roadway medians, and install water conservation devices and weather -based irrigation controls. As such, development within the vacant portions of the City is not expected to obstruct the facilities, capacities, or strategies identified in the governing groundwater management and stormwater resources planning.
Therefore, implementation of the Proposed GPU and associated policies is expected to result in less than significant impacts pertaining to compliance with water quality control or sustainable groundwater management plans.
8. Land Use and Planning
Impact 4.11 b: GPU implementation would not conflict with applicable plans adopted for the purpose of avoiding or mitigating an environmental effect.
General Plan Update
As set forth by State law, the GPU serves as the primary planning document for the City and subordinate documents and plans would be updated to be consistent with the General Plan. The proposed GPU provides for a development and resource conservation pattern that preserves and protects Indian Wells' unique character and celebrates the community's high quality of life. The Community Development Element in the GPU guides where growth and development will occur in the City, and will accommodate land uses to respond to the community's changing needs with the implementation of policies and actions, listed below.
Coachella Valley Multiple Species Habitat Conservation Plan Analysis The City of Indian Wells lies within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The CVMSHCP covers approximately 1.1 million acres in the Coachella Valley and ensures the conservation of the covered species and conserved natural communities in perpetuity. The Coachella Valley Conservation Commission (CVCC) oversees and Indian Wells General Plan Update
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manages the CVMSHCP and has adopted a development impact fee structure which helps fund and implement conservation efforts of the CVMSHCP. The Indian Wells Municipal Code Chapter 22.20, Multiple Species Habitat Conservation Plan Mitigation Fee, enforces the impact fee which helps fund and implement conservation efforts of the CVMSHCP. Future projects within the City would be required to pay the Local Development Mitigation Fee in full at the time of the issuance of a building permit.
Southern California Association of Governments Regional Transportation Plan (SCAG)/Sustainable Communities Strategy
SCAG's 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) (also known as "Connect SoCal") is a plan for mobility, accessibility, sustainability, and a high quality of life in the region. It is first and foremost, a transportation plan that integrates land use planning into its framework to improve mobility and access to transportation options in response to Senate Bill (SB) 375. The goals within the RTP/SCS are meant to provide guidance for the project within the context of regional goals and polices. Therefore, the goals in the RTP/SCS may be pertinent to the proposed GPU. SCAG updated their RTP/SCS in April 2024. The plan includes four goals that fall into four core categories: mobility, communities, environment, and economy. The 2024 RTP/SCS is pending approval from the California Air Resources Board (CARB). However, the Goals and Guiding Policies set forth in RTP/SCS and the project's consistency with the 2024 goals are provided in the Draft EIR.
The Draft EIR concluded that the GPU is consistent with the applicable goals provided in the 2020- 2045 and 2024 update RTP/SCS.
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 -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 -1.2 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.
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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
CD -la Amend the City's Municipal Code to reflect zoning designations and standards consistent with land use designations included in the General Plan Element.
CD -1b 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-ld 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
CD-lf
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.
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.
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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.
CD -1h Assist in the consolidation of contiguous smaller parcels for development purposes.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to a land use plan, policy or regulation adopted to avoid or mitigate environmental effects. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to a land use plan, policy or regulation adopted to avoid or mitigate environmental effects. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.11-17)
Rationale for Finding
General Plan Update
The Proposed GPU includes policies and actions that ensure environmental effects are mitigated.
Similar to the current General Plan, the Proposed GPU acts to maintain the City's quality residential and resort character in Goal CD -1. Goal CD -1 intends that existing and future development maintains the well -established residential and resort character of Indian Wells. This is achieved in Policies CD -
1.1 through CD -1.8. Policy CD -1.1 focuses on ensuring the land use pattern promotes and enhances community livability and public health, sustains community 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 the GPU and Land Use Map. New development would be required to fund and construct its fair share of improvements in accordance with City requirements, which is consistent with Policy CD -1.2 and CD -1.5, for infrastructure, public services, and community facilities. This would be required in project conditions of approval, depending on the project.
The revised land use designations in the GPU includes an Affordable Housing Overlay and a Senior Housing Overlay which assist in the development of adequate housing to meet various household incomes, and senior housing. The Affordable Housing Overlay zone shall apply to residential properties only and shall indicate the City Council's intent to utilize the developer incentives programs for the development of affordable housing projects as set forth in Government Code Section 65915.
The Senior Housing Overlay zone shall apply to residential properties only and shall indicate the City Council's intent to uti ize the developer incentives programs, negotiated on an individual basis with prospective developers, to provide for senior citizen housing in the City. This is consistent with Policy CD -1.3 and CD -1.4 of the GPU.
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The GPU land use map ensures new residential uses are located in areas protected from hazards.
Moreover, the land use map ensures the placement of land uses next to compatible uses. For example, a residential community would not be compatible next to heavy industrial use (although Indian Wells does not include heavy industrial uses). This is consistent with CD -1.6 and CD -1.7. Finally, the GPU land use map will restrict undesirable land uses within the City, consistent with CD -1.8. The Policies CD -1.1 through CD -1.8 are implemented with the associated Actions CD -la through CD -1h.
The GPU enhances policies and actions from the City's existing General Plan that were intended for environmental protection and would not remove or conflict with City plans, policies, or regulations adopted for environmental protection. The proposed GPU would require modifications to the City's Zoning Ordinance to provide consistency between the Genera Plan and zoning; however, these modifications will not remove or adversely modify portions of the Indian Wells Municipal Code that were adopted to mitigate an environmental effect.
Subsequent development and infrastructure projects would be required to be consistent with all applicable policies, standards, and regulations, including those land use plans, policies, and regulations adopted to mitigate environmental effects by the City as well as those adopted by agencies with jurisdiction over components of future development projects. Any potential environmental impact associated with conflicts with land use requirements would be less than significant.
Coachella Valley Multiple Species Habitat Conservation Plan As stated above, the Indian Wells Municipal Code Chapter 22.20, Multiple Species Habitat Conservation Plan Mitigation Fee, enforces the impact fee which helps fund and implement conservation efforts of the CVMSHCP. Future projects within the City would be required to pay the Local Development Mitigation Fee in full at the time of the issuance of a building permit. This is also enforced in GPU Action RM-Id.
Additionally, the Santa Rosa and San Jacinto Mountains Conservation Area of the CVMSHCP encompasses the southern portion of the City, where developed areas meet the toe of slope of the Santa Rosa Mountains. To ensure consistency with the CVMSHCP and further protect the Conservation Area located within the City, the GPU does not allow development within the Conservation Area. This area is designated for Natural Open Space, per the GPU Land Use Map. Areas adjacent to the Conservation Area would be required to implement the Adjacency Guidelines.
Therefore, implementation of the GPU would not conflict with the CVMSHCP, and impacts would be less than significant.
SCAG's RTP/SCS
The goals within the RTP/SCS are meant to provide guidance for the project within the context of regional goals and policies. Therefore, the goals in the RTP/SCS may be pertinent to the proposed GPU. SCAG updated their RTP/SCS in April 2024. The plan includes four goals that fall into four core categories: mobility, communities, environment and economy. The 2024 RTP/SCS is pending approval from the California Air Resources Board (CARB). However, the Goals and Guiding Policies set forth in RTP/SCS and the project's consistency with the 2024 goals are provided in the Draft EIR.
The Draft EIR concluded that the GPU is consistent with the applicable goals provided in the 2020 - Indian Wells General Plan Update
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2045 and 2024 update RTP/SCS. See Table 4.11-5 on page 4.11-21 in the Draft EIR, and Table 4.11- 6 on page 4.11-24 in the Draft EIR.
9. Population and Housing
Impact 4.13 a: The GPU would not result in unplanned growth in the City.
The Proposed GPU has the potential to induce both direct and indirect population growth within the Planning Area with the development of the remaining vacant areas within the City. At full buildout, the Proposed GPU could accommodate a total of 6,271 housing units, 5,159,667 square feet of non- residential building square footage, and 6,310 jobs within the Planning Area.
Employment
In 2017, 5,282 jobs were counted in the City of Indian Wells, an increase of 33.6 percent from 2007.
According to the SCAG Integrated Growth Forecast, it is projected that the City of Indian Wells is projected to contain 6,800 jobs by 2045.
The leisure sector was the major sector for jobs in Indian Wells and accounted for 47.1 percent of total jobs in the City in 2017. Other large sectors include professional (9.8 percent), finance (9.1 percent), and other (10.6 percent). The largest employers of the City include the Renaissance Esmeralda Resort, Hyatt Regency, Toscana Country Club, and Indian Wells Golf Resort. However, most of the City's jobs are held by non -Indian Wells residents. Overall, only 4.5 percent of Indian Well's working residents are employed within the City. Therefore, Indian Wells has a high proportion of jobs to households at 1.23, as indicated in the table below. An employment to housing ratio in the range of
0.75 to 1.5 is considered beneficial for reducing vehicle miles traveled (VMTs). An imbalance in jobs and housing creates longer commute times, more single driver commutes, loss of job opportunities for workers without vehicles, traffic congestion, and poor air quality.
Population Growth
The City of Indian Wells had a total population of 5,403 people in 2020. The Southern California Association of Governments (SCAG) forecasts that by 2045, the City of Indian Wells will have a population of approximately 6,400 people.
The Proposed GPU accommodates future growth in Indian Wells, including the development of new residential uses, commercial buildings, and resort uses. At full buildout, the City of Indian Wells could accommodate a total of 6,271 housing units, 5,405 residents, 5,159,667 square feet of new non- residential building space, and 6,310 jobs within the Planning Area. Buildout of the current General Plan would result in a total of 6,271 residential units; 5,405 residents; 5,132,104 square feet of nonresidential space; and 6,217 jobs. Since the number of residential units and residents will not change between the current General Plan and the Proposed GPU, the GPU will not result in unplanned population growth.
Housing
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The number of estimated housing units in the City of Indian Wells was 5,395 housing units, according to Indian Wells' 2021-2029 Housing Element; however, approximately 2,905 (53.8 percent) were occupied (see Table 4.13-3, Housing Stock by Type and Vacancy (2020), above). Buildout of the current General Plan would result in 5,455 single family units and 816 multifamily units, for a total of 6,271 residential units. The Proposed GPU also proposes 6,271 residential units at total buildout of the Planning Area.
The Proposed GPU is intended to accommodate the City's fair share of statewide housing needs, which are allocated by the SCAG, based on regional numbers provided by the California Department of Housing and Community Development on a regular basis (every five to eight years). State law requires the Housing Element to included quantified objectives for the maximum number of units that can be constructed, rehabilitated or conserved. According to the City's overall RHNA for the 2021-2029 planning period, the City of Indian Wells will develop a total of 382 homes to satisfy the 2021-2029 RHNA allocation, consisting of 58 extremely -low income, 59 very low income, 81 low income, 91 moderate income, and 93 above moderate income units.
The following GPU policies were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Goal 1: Conserve and improve the condition of the existing housing stock.
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.
Goal2: Support and encourage the development of housing affordable for all income segments of the population.
Policies
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 2.3
2.4 Continue to provide affordable housing opportunities in Indian Wells through a density bonus incentive for the development of lower and moderate -income units.
Encourage private entities (both non-profit and for-profit) to participate in attaining housing goals.
Encourage residential development that provides a range of housing types in terms of cost, density, unit size, and configuration.
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2.5 2.6
2.7 Continue to allow accessory dwelling units and junior accessory dwelling units as a means of providing additional affordable rental housing opportunities.
Assist with the development of housing that targets the needs of special populations, including the elderly, disabled, farmworkers, and homeless.
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.
Goal 3: Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement and development of housing.
Policies
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.
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.
Goal4: Promote housing opportunities for all persons regardless of race, religion, sex, age, marital status, familial status, ancestry, national origin, color, source of income, sexual orientation, or any other arbitrary factors.
Policies
4.1 4.2
Promote fair housing practices throughout the City.
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, Indian Wells General Plan Update
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receive and investigate fair housing allegations, monitor compliance with fair housing laws, and refer possible violations to enforcing agencies.
Finding
The policies listed above continue to support the less than significant findings related to the GPU's impact to unplanned growth. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to unplanned growth. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.13-9) Rationale for Finding
Employment
Buildout of the Proposed GPU could result in a total of 6,310 jobs. Therefore, the City's projected jobs/housing ratio would be approximately 1.01 by 2045 upon full development of the Proposed GPU.
Implementation of the Proposed GPU would result in direct employment growth from the proposed mix of employment -generating land uses within the Planning Area. This includes approximately 5,159,667 total square feet of nonresidential space. Approximately 6,310 jobs are anticipated at buildout of the project. Jobs required for the project site will primarily consist of commercial, retail, resort, and service jobs, which could be filled by workers already residing within the City or the Coachella Valley region. Employment growth resulting from buildout of the GPU would result in a less than significant impacts because this increase is consistent with projected employment growth for the City.
Population
Since the number of residential units and residents will not change between the current General Plan and the Proposed GPU, the Proposed GPU will not result in unplanned population growth.
Population projections as a result of buildout of the GPU is consistent with City and regional growth projections, and public service providers and utilities will be able to adequately accommodate this growth. Therefore, the project would not result in a substantial population increase unanticipated by the City. Impacts would be less than significant.
Housing
The Proposed GPU also proposes 6,271 residential units at total buildout of the Planning Area.
According to the City's overall RHNA for the 2021-2029 planning period, the City of Indian Wells will develop a total of 382 homes to satisfy the 2021-2029 RHNA allocation, consisting of 58 extremely - low income, 59 very low income, 81 low income, 91 moderate income, and 93 above moderate income units.
Jurisdictions may count projects that are approved/entitled but not yet built or under construction. 233 units serving moderate- and above -moderate income households are expected to be developed during the planning period. An additional 17 units are under construction or have building permits issued for accessory dwelling units and various single family lots.
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The City has a remaining RHNA of 231 units (115 extremely low/very low-income units, 80 low- income units, and 36 moderate -income units). As previously stated, buildout of the GPU could accommodate 6,271 residential units. Therefore, buildout of the GPU would not result in unplanned growth as housing is allocated in the City's 6th Cycle Housing Element approved by SCAG.
Therefore, while implementation of the GPU would result in a direct increase in population and housing, this increase is consistent with projected residential growth for the City.
Similar to the current General Plan, the Proposed GPU can accommodate 6,271 housing units. This complies with Goal 1 and its policies, which require the conservation and improvement of the condition of the existing housing stock. The GPU will also develop extremely low, low-, moderate-, and above moderate -income levels, diversifying the housing stock within the City, which is compliant with Policy 1.3, Goal 2 and Policies 2.1 through 2.7. The GPU will also comply with California Building Code standards for residential buildings, as well as fair housing laws within the City, in compliance with Goals 3 and 4, and their associated policies. These policies continue to support the less than significant finding related to housing.
Impact 4.13 b: The GPU will not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.
The Proposed GPU does not include the demolition or conversion of existing residential dwelling units to non-residential uses. New development will be on vacant lots or underuti ivied properties dispersed throughout the Planning Area.
The majority of developed land in the Planning Area is comprised of residential uses, which are not anticipated to undergo significant land use changes under the GPU. The GPU focuses inf.-ill development opportunities in vacant and underutilized areas in Indian Wells. The General Plan Land Use Map was developed to preserve existing neighborhoods throughout the City. Throughout the Planning Area, the GPU is projected to increase the number of existing dwelling units (5,395 units to 6,271 units at buildout) and provide housing to serve the diverse needs of the community at various socioeconomic levels (see discussion of RHNA Impact 4.13 a, above).
There will be no impact to the current population of the area as it is vacant land, and the population will increase based on new development. Therefore, impacts of the Proposed GPU on the displacement of people or housing are considered less than significant and no mitigation is required.
The policies listed below would further ensure that a range of housing types are provided in the City, and that housing conditions are evaluated as the housing supply ages.
The following GPU policies were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Goal 1: Conserve and improve the condition of the existing housing stock.
Policies
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Continue enforcement of the codes and regulations establishing minimum construction standards.
Encourage maintenance and repair of existing housing to prevent deterioration within the City.
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.
Goal2: Support and encourage the development of housing affordable for all income segments of the population.
Policies
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 2.3
2.4 2.5
2.6 2.7
Continue to provide affordable housing opportunities in Indian Wells through a density bonus incentive for the development of lower and moderate -income units.
Encourage private entities (both non-profit and for-profit) to participate in attaining housing goals.
Encourage residential development that provides a range of housing types in terms of cost, density, unit size, and configuration.
Continue to allow accessory dwelling units and junior accessory dwelling units as a means of providing additional affordable rental housing opportunities.
Assist with the development of housing that targets the needs of special populations, including the elderly, disabled, farmworkers, and homeless.
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.
Goal 3: Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement and development of housing.
Policies
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.
Goal 4: Promote housing opportunities for all persons regardless of race, religion, sex, age, marital status, familial status, ancestry, national origin, color, source of income, sexual orientation, or any other arbitrary factors.
Policies
4.1 4.2
Promote fair housing practices throughout the City.
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.
Finding
The policies listed above continue to support the less than significant findings related to the GPU's impact to existing people or housing. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to the displacement of existing people or housing. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.13-14)
Rationale for Finding
As previously stated, future development within the GPU Planning Area would occur in vacant and infill parcels within the City. Therefore, implementation would not displace existing people or housing, since housing does not occur on the vacant lots. Therefore, impacts of the Proposed GPU on the displacement of people or housing are considered less than significant and no mitigation is required.
However, the policies listed above would further ensure that a range of housing types are provided in the City, as required by Policies 2.1 through 2.7, and that housing conditions are evaluated as the housing supply ages, as required in Policies 1.1 through 1.3. Policies 3.1 through 3.5 act to remove governmental constraints to the maintenance improvement and development of housing, and Policies
4.1 through 4.4 promote fair housing opportunities for all persons. These policies continue to support the less than significant finding related to housing.
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10. Public Services
Impact 4.14 a: The GPU would not result in substantial adverse impacts associated with fire protection.
Construction Impacts
Construction activities would increase the potential for accidental on -site fires from sources such as mechanical equipment operation and the use of flammable construction materials. Upon adoption of the GPU, construction contractors would implement best management practices (BMPs) to minimize these hazards, including the maintenance of mechanical equipment to ensure proper working order, the safe storage of flammable materials, and the immediate cleanup of any flammable spills.
Additionally, future construction within the City may require partial road closures due to construction traffic for grading, debris removal, and material deliveries, which could impact emergency response times, including fire services. However, traffic management plans would be required to ensure that construction projects do not obstruct the Riverside County Fire Department's (RCFD) ability to provide emergency services. Clear, unobstructed paths would be maintained to ensure the fire department can uphold its standard response times during construction activities.
Operational Impacts
With the implementation of the GPU, the City can be expected to have an incremental increase to the number of calls for fire services. The City's population could increase by 1,862 residents at full GPU buildout.
Fire Station No. 55 is the primary station to respond to calls from residents of Indian Wells, given its convenient location at the center of the City. Station No. 93 is the second closest station and responds when Station No. 55 is responding to other calls. Both stations provide services within a 5 — 7 -minute response time.
Development would comply with all existing development standards, codes, policies, and actions set forth by the City. This includes Indian Wells Municipal Code Chapter 3.24 and Chapter 3.25, requiring the payment of developer fees by new development within the City to help pay for facilities that are determined to be constructed to accommodate new development. Chapter 3.26, Special Fire Tax, imposes a levy on property improvements and property usage based on estimated fire flow requirements. These requirements are calculated using a formula provided in the California Insurance Services Office guidelines, which are detailed in the Fire Prevention and Control Master Planning Guide, distributed by the United States Department of Commerce. In order to ensure future development is complying with fire code standards, Chapter 16.32, California Fire Code, states that the City adopts and applies all of the provisions and appendices of the California Fire Code.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
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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.
PS -1.1 Service Agreements. Maintain contracted essential service agreements through established State and county agencies, including CAL FIRE, RCFD, and RCSD.
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.
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.
PS -1.6 School Emergency Planning. Coordinate with the Desert Sands 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 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.
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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
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
PS -1g
PS -2a
PS -2b
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.
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.
Mitigate, as feasible, existing non -conforming development to contemporary fire safe standards where feasible, including road standards and vegetative hazards.
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.
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PS -2c
PS -2d
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.
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.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to fire protection services. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to fire protection services. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.14- 10)
Rationale for Finding
Construction Impacts
In regard to the construction materials for present and future projects, Action PS -2a, encourages the mitigation of existing, non -conforming development to contemporary fire -safe standards where feasible, reducing fire risks during construction. Policy PS -2.4 would restrict (after appropriate public hearings) the use of fire -prone building materials in areas defined by the Fire Department as presenting high -conflagration risk. Action PS -2c would 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. Additionally, the City's General Plan has outlined policies that include requiring new development to fund its fair share of the costs for the expansion of public infrastructure and services, recreational amenities, and facilities. (Policy RM-5.1). To supplement Policy RM-5.1, Policy RM-5.2 states that the City would 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. Policy PS -2.2 mandates that the City works with CAL FIRE/RCFD to maintain an ongoing fire inspection program, which would also apply during construction to minimize fire hazards. Action PS -la further ensures regular emergency response exercises are conducted to test the effectiveness of the City's response procedures, particularly during high -risk construction phases that may disrupt emergency routes. Therefore, impacts to fire services during potential future construction within the City would be less than significant.
Operational Impacts
In addition to the requirements set forth in the City's Municipal Codes, City policies and actions are required to be followed by future development. Policy PS -2.1 requires all buildings and facilities to comply with local, State, and federal regulatory standards such as the California Building and Fire Indian Wells General Plan Update
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Codes as well as other applicable fire safety standards. Policy PS -2.3 requires 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. Additionally, the City's General Plan has outlined policies that include requiring new development to fund its fair share of the costs for the expansion of public infrastructure and services, recreational amenities, and facilities. (Policy RM-
5.1). To supplement Policy RM-5.1, Policy RM-5.2 states that the City would 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.
In addition, multiple City policies and actions are to be implemented by the City to maintain and improve fire safety. Policy PS -1.1 states that the City would maintain contracted essential service agreements through established State and county agencies, including CAL FIRE, RCFD, and RCSD.
Policy PS -1.2 mandates the periodic update of local emergency plans, such as the City's Emergency Operations Plan (EOP) and Local Hazard Mitigation Plan (LHMP). The City will conduct coordination with the Desert Sands Unified School District (DSUSD) under Policy PS -1.6 to enhance school emergency planning. Action PS -lc states that the City would maintain an 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. To strengthen community fire safety, Policy PS -2.5 requires the City and RCFD to provide public education programs, particularly for at -risk populations, on fire hazards, safety measures, and evacuation routes. Policy PS -1.3 states the City should 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. Policy PS -1.7 states that the City should continue to participate in automatic and mutual aid agreements with adjacent service providers and regional agencies, such as Coachella Valley Association of Governments (CVAG) and the Cove Commission, to ensure efficient and adequate resources, facilities, and support services before, during, and after emergencies; further cooperate with regional agencies and the general public to inform citizens of available protective services. Policy PS -1.8 encourages emergency preparedness to be the combined responsibility of the City, in conjunction with the County, CVAG, and the State as well as City residents and the business community. Action PS -le states that the City will 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. Policy PS -2.6 states that the City should 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.
Additionally, Action PS -1g states that the City should 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. Action PS -2d states that the City will work with Riverside County to develop a comprehensive fire plan which forecasts future personnel and equipment needs and requires new development to pay its pro -rata share of costs for fire services. Action PS -2e addresses the need to upgrade older water mains to maintain adequate water pressure for firefighting.
Furthermore, Action PS -lb ensures the Local Hazard Mitigation Plan (LHMP) is kept up to date, while Action PS -2b states that the City will review and revise the City LHMP at least every 5 years to reflect Indian Wells General Plan Update
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current community needs, and to ensure the City continues to receive federal FEMA mitigation assistance.
Overall, the GPU itself does not create the necessity to propose new fire facilities. When future facilities are proposed, project -specific environmental impacts will be assessed, and potential impacts will be identified during the City planning process for fire facilities. Implementation of the City policies and actions, City Municipal Codes, as well as the most current local, State, and federal codes and regulations would ensure that impacts would be less than significant.
Impact 4.14 a: The GPU would not result in substantial adverse impacts associated with police protection.
Construction
Construction impacts from the implementation of the GPU within the City of Indian Wells to police would be similar to those faced by fire services. Future construction within the City may result in construction traffic that could result in partial road closures due to construction trucks moving in and out of the City for grading, debris removal, and delivery of construction materials. These activities could potentially have an impact on emergency services, like police services, by increasing response times. However, construction management traffic plans will be required to ensure future projects do not impede with the Sheriff's Department ability to provide service during project construction, as encouraged by the GPU policies and actions provided below.
Operational Impacts
Implementation of the GPU could place an additional demand on service calls for police services; however, future development would be required to follow existing development standards set forth by the City and Indian Wells Police Department (IWPD). Additionally, the City will maintain and finance the capital improvement program to ensure the timely implementation of the GPU and the adequate and the timely provision of public facility and municipal improvements, as implemented by the policies and actions provided below.
The following GPU policies and actions were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
RM-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.
Actions
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PS -la
Finding
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.
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to police protection services. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to police protection services. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.14- 15)
Rationale for Finding
Construction
Future construction within the City may result in construction traffic that could result in partial road closures due to construction trucks moving in and out of the City for grading, debris removal, and delivery of construction materials. These activities could potentially have an impact on emergency services, like police services, by increasing response times. However, construction management traffic plans will be required to ensure future projects do not impede with the Sheriff's Department ability to provide service during project construction. Action PS -la ensures regular emergency response exercises are conducted to test the effectiveness of the City's response procedures, particularly during high -risk construction phases that may disrupt emergency routes. Therefore, impacts to police services during construction would be less than significant.
Operational Impacts
Implementation of the GPU could place an additional demand on service calls for police services; however, future development would be required to follow existing development standards set forth by the City and IWPD. Implementation of the GPU would be required to meet all current and applicable policies as well which include Policy RM-5.1 ensuring 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. Additionally, Policy RM-5.2 states that the City will 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.
As a result of compliance with these existing regulations, the GPU would not significantly increase police response times and would not interfere with IWPD's ability to provide service to the City.
Therefore, impacts to police services would be less than significant.
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Impact 4.14 a: The GPU would not result in substantial adverse impacts associated with schools.
Full buildout of the GPU could result in an increase in 1,058 residential units. Per the Department of Finance's Population and Housing Estimates for the City, the City has an estimated 1.76 persons per household (PPH). The 2024 DSUSD Fee Justification Study for New Residential and Commercial/Industrial Development states that the student generation rate for DSUSD is 0.3502.
Based on the forecasted housing growth from the proposed project, approximately 370.5 new students could be added to DSUSD at full GPU buildout.
To ensure that Desert Sands Unified Schol District (DSUSD) accommodates future growth in the City, DSUSD levies developer fees for new construction of residential, commercial, and rental self -storage development. In January of 2024, the State Allocation Board ("SAB") adjusted the Statutory Fees for a unified (TK-12) school district to $5.17 per square foot of assessable space of new residential development, $0.29 per square foot for rental self -storage, and $0.84 per square foot of chargeable covered and enclosed space of commercial/industrial development pursuant to Government Code section 65995 and Education Code section 17620. DSUSD informs the City every year about updated fees to ensure the City's developer fees include the most recent fee amount.
DSUSD currently has no excess capacity at the elementary school level and although DSUSD is currently able to house existing students at the middle and high school levels as excess capacity exists at each — specifically, excess capacity exists at the middle school level (434 seats) and at the high school level (614 seats) — the DSUSD Fee Justification Study for New Residential and Commercial/Industrial Development shows additional growth will not be accommodated by current excess capacity.
In addition, it was determined in the 2024 DSUSD Fee Justification Study for New Residential and Commercial/Industrial Development that the DSUSD's facilities impact per square foot is greater than the allowable Level 1 Fee ($5.17). Due to this, DSUSD suffers unmitigated impacts from new residential development. According to the 2024 DSUSD Fee Justification Study for New Residential and Commercial/Industrial Development, facilities cost $10.34 per square foot.
No new school facilities are proposed in the GPU. Although growth projections may necessitate new schools in the future, the timing and specifics of these facilities are currently unknown. Potential impacts will be identified and mitigated during the facility planning process. Future proposals for new school facilities will be reviewed on a case -by -case basis by the DSUSD, ensuring compliance with all relevant codes and regulations to minimize environmental impacts.
The following GPU policies were included in the Draft EIR and the Final EIR and are applicable to the Proposed Project.
Policies
RvI-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.
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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.
Finding
The policies listed above continue to support the less than significant findings related to the GPU's impact to schools. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to schools. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.14-16) Rationale for Finding
As concluded in the 2024 DSUSD Fee Justification Study for New Residential and Commercial/Industrial Development, DSUSD will use the fee's collected towards the construction and/or reconstruction of school facilities and/or additional permanent facilities on existing school campuses and/or acquisition of new or interim public -school facilities. Interim school facilities can house students generated by new development while permanent facilities are being constructed including leasing or acquisition of portable classrooms to meet the temporary needs of students generated from new development and construction, and the installation of interim facilities and to pay for the costs of replacing interim facilities with permanent facilities.
Senate Bill (SB) 50 permits school districts to levy fees to fund school construction, with the payment of these fees deemed full mitigation of development impacts on school facilities. Policy RM-5.1 ensures 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.
Additionally, Policy RM-5.2 states that the City will maintain and finance the capital improvement program to ensure the timely implementation of the General Plan and the adequate and timely provision of public facility and municipal improvements. In addition to City efforts, the school district is responsible for implementing specific methods to mitigate school impacts under the Government Code. The collection of State -mandated school impact fees would ensure school -related impacts continue to be less than significant.
Impact 4.14 a: The GPU would not result in substantial adverse impacts associated with parks.
Buildout of the GPU would develop 1,058 additional residential units, which could increase the population by 1,862, and increase the use of local parks. However, according to Municipal Code Chapter 20.36.040, Park Dedication Requirements, the City of Indian Wells requires projects to pay a park development fee, dedicate land, or both. Chapter 20.36.040 states that the developer of any residential subdivision shall dedicate park land and/or pay fees in lieu thereof, at the rate of five acres per one thousand population, which are owned and maintained by the City, and two acres for private parks located in the immediate subdivision. This would ensure impacts to parks are less than significant.
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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-5.1 Fair Share. Ensure that all new development and major redevelopment provides for and funds its fair share of the costs for the expansion of public infrastructure and services, recreational amenities, and facilities.
RM-5.2 Capital Improvements. Maintain and finance the capital improvement program to ensure the timely implementation of the General Plan and the adequate and the timely provision of public facility and municipal improvements.
RM-3.1 Provision of Opportunities. Facilitate recreational opportunities for residents by providing and maintaining needed facilities throughout the City and in cooperation with adjoining jurisdictions.
RM-3.2 Parks in Residential Areas. Support the development of local -serving park and recreational facilities (public and private) in residential areas.
RM-3.3 Service Area Radius. Focus new park and recreation facilities in areas that are outside 1 /4 -mile walking radius from an existing or proposed park or trail and enhance options for residents to access these facilities through safe walking and cycling routes.
RM-3.4 Golf Courses. Promote the City's municipal and private golf courses as high -quality amenities that serve residents, draw visitors, and make Indian Wells an exceptional destination.
RM-3.5 Facilities for Seniors. Cater to the City's senior population by continuing to provide recreational facilities and activities specifically tailored to meet the needs of older residents.
RM-3.6 HOA Collaboration. Collaborate with Homeowners Associations to provide local - serving recreational facilities and activities that meet the needs and preferences of all segments of the community, including families, seniors, and persons with disabilities.
RM-3.7 Safety and Compatibility. Consider public safety and compatibility with adjacent uses in park design and development including the location of buildings, activity areas, lighting, and parking.
RM-3.8 Parkland Dedication. Require new development or major redevelopment to incorporate parkland, open space, or green space to expand recreational opportunities in the community in accordance with Section 20.36.040, Park dedication requirements, of the Indian Wells Municipal Code.
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RM-3.9 Maintenance. Require that parks and recreational facilities be well -maintained by the responsible agency/organization.
RM-3.10 Accessibility. Require that new park facility construction and existing facility retrofits meet accessibility standards defined by the Americans with Disabilities Act (ADA) and playground safety requirements.
RM-3.11 Parkland Funding. Actively pursue financing for parkland acquisition and maintenance and allocate sufficient funding to park development to support the community's recreational needs.
RM-3.12 Community Support. Collaborate with residents to ensure the City's park and recreation facilities and programs reflect evolving community preferences.
Actions
RM-3a Update the Zoning Code to list recreational facilities and support facilities as an allowable use in all residential zones.
RM-3b Require developers to dedicate land based upon the park acreage standard of up to five acres per one thousand population or, at the City Council's discretion, the payment of fees in -lieu of the dedication of land in accordance with the Municipal Code.
RM-3c
Pursue available resources to fund recreation facilities and parkland acquisition, development, and maintenance, including but not limited to, State and federal grants, special districts, private donations, gifts, and endowments.
RM-3d Conduct regular maintenance assessments for all parks and recreation facilities.
Finding
The policies and actions listed above continue to support the less than significant findings related to the GPU's impact to parks. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to parks. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.14-18) Rationale for Finding
The City of Indian Wells currently mitigates potential impacts to parks by requiring a park development fee or dedication of land (or both) in Municipal Code Chapter 20.36.040, Park Dedication Requirements. Chapter 20.36.040 states that the developer of any residential subdivision shall dedicate park land and/or pay fees in lieu thereof, at the rate of five acres per one thousand population, which are owned and maintained by the City, and two acres for private parks located in the immediate subdivision.
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The City of Indian Wells is committed to ensuring that its parks and recreational facilities are both adequate and accessible for residents and visitors through a comprehensive set of policies. Policy RM-
3.1 focuses on facilitating recreational opportunities by maintaining necessary facilities citywide and cooperating with neighboring jurisdictions. Policy RM-3.2 emphasizes the development of parks in residential areas, promoting local -serving public and private recreational facilities. To ensure coverage, Policy RM-3.3 directs the City to establish new parks outside a 1/4 -mile walking radius from existing ones and to enhance safe walking and cycling routes to these facilities. Safety and compatibility are priorities under Policy RM-3.7, which requires careful consideration of park design aspects such as building placement, lighting, and parking. To support ongoing development, Policy RM-3.8 mandates that new projects incorporate parkland, aligning with Municipal Code, Section 20.36.040, park dedication requirements. Maintenance is crucial, with Policy RM-3.9 ensuring responsible agencies keep parks well -maintained. Accessibility is also a focus, as Policy RM-3.10 requires compliance with ADA standards and playground safety requirements for new and retrofitted facilities. Policy RM-3.11 calls for active pursuit of funding for parkland acquisition and maintenance. Community involvement is encouraged through Policy RM-3.12, which aims to align facilities and programs with residents' evolving preferences. To continue to attract visitors and residents to Indian Wells, the City would follow Policy RM-3.4, promoting the City's municipal and private golf courses. Ensuring fair contribution from new developments, Policy RM-5.1 mandates that such projects fund their share of public infrastructure and amenities. Finally, Policy RM-5.2 supports the capital improvement program to guarantee the timely implementation of the General Plan and the provision of public facilities.
Collectively, these policies ensure that Indian Wells' park facilities will be sufficient and well -maintained for current and future needs.
The City of Indian Wells has also outlined a series of strategic actions designed to ensure that parks and recreational facilities are ample and meet the needs of residents and visitors. Action RM-3a involves updating the Zoning Code to permit recreational facilities and support structures in all residential zones, thereby expanding access to recreational opportunities throughout the city. Action RM-3b stipulates that developers must dedicate land for parks based on a standard of up to five acres per one thousand residents or alternatively, pay fees in lieu of land dedication, providing flexibility and ensuring the expansion of recreational spaces. According to Municipal Code Chapter 20.36.040, Park Dedication Requirements, the City of Indian Wells requires projects to pay a park development fee, dedicate land, or both. Section 20.36.040 states that the developer of any residential subdivision shall dedicate park land and/or pay fees in lieu thereof, at the rate of five acres per one thousand population. Dedicated park land is to be apportioned as three acres for public parks, which are owned and maintained by the City, and two acres for private parks located in the immediate subdivision.
As stated above, the full buildout of the GPU could increase the population by 1,862 from the additional 1,058 residential units. Future projects will be reviewed by the Planning Commission and seek approval from the City Council in order to ensure the appropriate fee amount is collected and/or park land is dedicated. To secure financial resources for recreational facilities and parkland acquisition, Action RM-3c commits the City to actively pursue funding from a variety of sources, including state and federal grants, special districts, and private contributions. Maintenance is a priority under Action RM-3d, which mandates regular assessments of all parks and recreational facilities to ensure they remain in excellent condition. Collectively, these policies and actions demonstrate a proactive approach Indian Wells General Plan Update
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to maintaining and enhancing the City of Indian Wells' parks facilities, ensuring they are sufficient and aligned with the needs of the community. Impacts are anticipated to continue to be less than significant.
Impact 4.14 a: The GPU would not result in substantial adverse impacts associated with other public facilities.
The City of Indian Wells is largely developed. Buildout of the GPU would result in new development in areas north of Highway 111 and north and south (and east and west in some areas) of Miles Avenue.
Increased use of existing public facilities in the City could occur with buildout of the City. The City of Indian Wells has developed a robust framework of policies and actions to ensure the sustainability and adequacy of public facilities for its residents and visitors.
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-5.1 Fair Share. Ensure that all new development and major redevelopment provides for and funds its fair share of the costs for the expansion of public infrastructure and services, recreational amenities, and facilities.
RM-5.2 Capital Improvements. Maintain and finance the capital improvement program to ensure the timely implementation of the General Plan and the adequate and the timely provision of public facility and municipal improvements.
RM-3.5 Facilities for Seniors. Cater to the City's senior population by continuing to provide recreational facilities and activities specifically tailored to meet the needs of older residents.
RM-3.6 HOA Collaboration. Collaborate with Homeowners Associations to provide local - serving recreational facilities and activities that meet the needs and preferences of all segments of the community, including families, seniors, and persons with disabilities.
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.
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Finding
The policies listed above continue to support the less than significant findings related to the GPU's impact to other public facilities. Overall, the Proposed GPU would have less than significant direct or indirect impacts relating to other public facilities. Accordingly, no changes or alterations to the Proposed GPU were required as the City of Indian Wells finds that implementation of the measures listed above are feasible, and the measures are therefore adopted. (Draft EIR pg. 4.14-20) Rationale for Finding
The City of Indian Wells has developed a robust framework of policies and actions to ensure the sustainability and adequacy of public facilities for its residents and visitors. Policy RM-3.5 caters specifically to seniors by offering recreational facilities and activities tailored to their needs.
Collaboration is key, as seen in Policy RM-3.6, which encourages working with Homeowners Associations to meet the diverse needs of the community, including families, seniors, and individuals with disabilities. Policy RM-5.1 ensures 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. Policy RM-5.2 states that the City should maintain and finance the capital improvement program to ensure the timely implementation of the General Plan and the adequate and timely provision of public facilities and municipal improvements.
To stay attuned to community needs, Action RM-3e involves conducting periodic surveys to gauge residents' preferences and requirements for recreational programming and services. Action RM-3f seeks to enhance the recreational experience for resort visitors by identifying opportunities to preserve, restore, and create low -impact recreational spaces, including the publication of a trails and bike path brochure for distribution at resorts. Finally, Action RM-3g encourages local schools and places of worship to develop and promote recreational programs, broadening the scope of available activities for residents. By implementing these comprehensive policies and actions, the City of Indian Wells will ensure that public facilities are well -maintained, adequately funded, and effectively meet the diverse needs of the community. Therefore, the GPU is expected to have a less than significant impact on public facilities within the City.
11. Recreation
Impact 4.15 a: The GPU would not 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.
The City only has one public park with passive amenities for its residents. Most of the communities within the City of Indian Wells have their own form of recreational facilities that satisfy the needs of the community. Nonetheless, the analysis in the Draft EIR assumed that added residents would utilize these facilities, resulting in facility upkeep and maintenance due to increased usage load from various activities. The City of Indian Wells is dedicated to ensuring management and maintenance of its park and recreational facilities, leveraging a comprehensive framework of policies and actions listed below.
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