Agenda — Indio City Council, August 16, 2023 (part 7 of 8)

CEQA FINDINGS

OF THE CITY COUNCIL

FOR THE CITY OF INDIO
for the

DESERT RETREAT SPECIFIC PLAN

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FINDINGS REQUIRED UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Public Resources Code Section 21000 et seq.)

TABLE OF CONTENTS

I. INTRODUCTION……………………………………………………………...……7
Project Description…………………………………………………………...…...9
Project Components…………………………………………………….………..10
Project Construction…………………………………………………….……….10
Project Implementation………………………………………………….……….10
Responsible Agencies……………………………………………………………11
Project Objectives………………………………………………….…………….11

II. FINDINGS REGARDING CERTIFICATION OF FINAL EIR……………..…12

III . FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS

WHICH ARE AVOIDED OR MITIGATED TO A LESS THAN
SIGNIFICANT LEVEL……………………………………………………….…..13

Air Quality…………………………………………………………………….……..13
Consistency with implementation of applicable air quality plan…………….…..13 Cumulatively considerable net increase of any criteria pollutant………….…….17 Expose sensitive receptors to substantial pollutant concentrations……………...19

Biological Resources…………………………………………………………….…..21
Candidate, sensitive or special status species ……………………………….…..21

Cultural Resources………………………………………………………………..….25
Impacts to Historical Resources……………………………………………….....25 Impacts to Archaeological Resources…………………………………………....25 Impacts to Human Remains…………………………………………………..….28

Geology and Soils………………………………………………………………........29
Expose People or Structures to:

Strong Seismic Shaking………………………………………….………29
Seismic-Related Ground Failure………………………….……………...35
Soil Erosion or Loss of Topsoil……………………………………….…………37
Located on an Unstable Geologic Unit…………………………………..………39 Impacts to a Unique Paleontological Resource, site or Unique Geologic Feature………………………………………………………………………...….42

Noise……………………………………………………………………………..…..44

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Tribal Cultural Resources ……………………………………………………………48
Impacts to Historical Resource…………………………………………….. ……48
Impacts to Significant Tribal Cultural Resource …………………………...…...52

IV. FINDINGS REGARDING IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT…………………………………………………………..…54

Agriculture and Forestry…………………………………………………………..…54
Convert Farmland……………………………………………………………..…54

Air Quality……………………………………………………………………….…..56
Create objectionable odors………………………………………………………56

Biological Resources……………………………………………………………...…56
Movement of wildlife ……………………………………………………………56

Energy…………………………………………………………………………..……57
Consumption of Energy Resources…………………………………………..…..57
Consistency with a State or Local Plan for Renewable
Energy or Energy Efficiency……………………………………………….……57

Geology and Soils…………………………………………………………………...58
Expose People or Structures to:

Rupture of a Known Fault…………………………………………….……..58
Landslides……………………………………………………………..……..58

Greenhouse Gas Emissions…………………………………………………….…….59
GHG Emissions that may Significantly Impact the Environment………….……59 Consistency with Applicable Plan, Policy or Regulation…………………….….59

Hydrology and Water Quality…………………………………………………….…60
Compliance with Water Quality Standards or Waste Discharge Requirements……………………………………………………………..……..60
Effect on of Groundwater Supplies or Interference with
Groundwater Recharge……………………………………………………..........60
Alter existing Drainage that would impact:

Erosion……………………………………………………………….………60
Increase surface runoff……………………………………………...………..60
Exceed capacity of stormwater drainage system…………………….………61 Impact flood flows……………………………………………………...……61
Consistency with Water Quality Control Plan or Sustainable Groundwater Management Plan…………………………………………..……..61

Land Use……………………………………………………………………………..66
Consistency with Any Land Use Plan, Policy or Regulation……………………66

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Noise…………………………………………………………………………………67
Generation of Ground Borne Vibration ………………………………..………..67

Public Services………………………………………………………………………68
Impacts to……………………………………………………………………..…68
Fire Protection……………………………………………………….............69
Police protection………………………………………………………….….70
Parks…………………………………………………………………………70
Other public facilities………………………………………………………..70

Recreation……………………………………………………………………………70
Increase use of existing facilities………………………………………………...71 Require new or expanded facilities………………………………………………71

Transportation………………………………………………………………………..72
Consistency with an Applicable Plan or Policy Addressing the Circulation System……………………………………………………………….72
Consistency with CEQA Guidelines section 15064.3, subdivision (b)………….72 Effect of a Geometric Design Feature………………………………………...…72

Utilities and Service Systems………………………………………………………...74 Result in construction of new utility facilities (water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications) …………………………………………………………….75
Availability of Water Supplies…………………………………………………..75
Adequate capacity for wastewater treatment……………………………………76 Generate excess solid waste……………………………………………………..78

V. FINDINGS REGARDING ENVIRONMENTAL EFFECTS HAVING
NO IMPACT……………………………………….………………………...…80

Aesthetics……………………………………….……………………………..……..81
Effects on scenic vistas……………………………………………………..……81
Impact a Scenic Resources………………………………………………….……81
Effects to the visual character or quality of the site…………………….……..…81 Light and glare…………………………………………………………….……..82

Agriculture and Forestry……………………………………….……………….……82
Conflict with Zoning or Williamson Act………………………………...………82 Conflict with Forest or Timberland……………………………………...………82 Loss of forest…………………………………………………………………….83

Biological Resources………………………………………………………………...83
Riparian habitat……………………………………….………………………….83
Federally protected wetlands…………………………………………………….83
Conflict with local policies or ordinances……………………………………….83

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Consistency with applicable habitat conservation plan………………………….83

Geology and Soils……………………………………….…………………………...84
Located on Expansive Soil……………………………………………………….84
Use of Septic Tanks or Alternative Water Disposal Systems………………..…..84

Hazards and Hazardous Materials…………………………………………………...84 Transport, Use, or Disposal of Hazardous Materials…………………………….84 Release of Hazardous Materials………………………………………………….84
Hazardous Materials within 1/4 Mile of a School ……………………………85 Hazardous Materials Onsite Pursuant to Government Code
Section 65962.5. …………………………………………………………………85
Impacts to Public Airport, Public Airport Use, or Airport Land Use Plan……………………………………….……………………………………...85
Effect on an Emergency Response Plan…………………………………………85
Risk of
Wildfires………………………………………………………………………...…...85

Hydrology and Water
Quality……………………………………….………………………………………86
Inundation by Flooding, Seiche, Tsunami or Mudflow…………………………86

Land
Use……………………………………….………………………………………….86
Physically Divide an Established Community………………………………..…86

Mineral Resources……………………………………….……………………..……86
Loss of a Mineral Resource……………………………………….……….….…86
Loss of a Mineral Resource Recovery site………………………………………87

Noise……………………………………….………………………...………………87
Within 2 miles of a public airport………………………………………..………87

Population &
Housing……………………………………….……………………………...………87
Induce population growth…………………………………………………..……87
Displace people or housing…………………………………………….…...……87

Public Services……………………………………….………………………………88
Impacts to Schools…………………………………………………….…………88

Transportation……………………………………………………………..…………88
Emergency Access………………………………………………….……………88

Utilities and Service Systems………………………………………………………...88 Comply with Statues and Regulations Related to Solid Waste…………….……88

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Wildfire……………………………………….…………………………….……......88
Impair an Emergency Response or Evacuation Plan……………………….……88 Exacerbate wildfire risk and create pollutants………………………………..….89 Require infrastructure……………………………………………………………89
Expose people or structures to risk of flooding…………………………….……89

VI. FINDINGS REGARDING ALTERNATIVES ANALYZED IN THE FEIR AND
REJECTED……………………………………….……………………………..….89

Alternative 1: No project/No Development…………………………………..…..….90 Alternative 2: Existing General Plan………………………………………….…..…91 Alternative 3: Prior Zoning- Commercial Component……………………….……...91 Alternative 4: Residential project with Golf Course………………………….…...…92 Alternative 5: Reduced Density…………………………………………………..….93 Alternative 6: Roundabout Entry Intersection…………………………………….…95 Additional Findings Regarding the Environmentally Superior Alternative……..…..96

VII. FINDINGS REGARDING GROWTH INDUCING IMPACTS…………..……96

VIII. FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE
ENVIRONMENTAL CHANGES………………………………………………… 97

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Final EIR SCH No. 2022070300
The City of Indio has prepared an Environmental Impact Report (EIR) for the proposed Desert Retreat Specific Plan ( project) in compliance with the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq. ) and the State CEQA Guidelines (14 California Code of Regulations Section 15000 et seq. as amended).

I. INTRODUCTION
The project proposes to implement the City of Indio General Plan to allow the development of a new master-planned residential community on approximately 378 acres of land in the northern portions of the City of Indio (City). The Desert Retreat Specific Plan would allow development of an active adult community for residents aged 55 and above containing up to 1,500 residential units along with a community clubhouse and other recreati onal amenities. The average density of residential development would be 4.1 du/ac. This new community would be located immediately north and west of the existing Sun City Shadow Hills community. Sun City Shadow Hills is also an age-restricted community for residents aged 55 and above.

The City distributed a Notice of Preparation (NOP) to prepare a Draft EIR for a 30-day comment period between July 18, 2022, and August 17, 2022. The NOP included an evaluation of the environmental topics that will and will not be analyzed within the Draft EIR. The evaluation was prepared using Appendix G, Environmental Checklist Form, in the California Environmental Quality Act (CEQA) Guidelines.

The NOP was sent to the State Clearinghouse and to all responsible and trustee agencies, and to interested parties. Issues raised by agencies and the public in response to the NOP were considered in the preparation of the Draft EIR. The NOP and comments received are contained in Appendix A of the Draft EIR.

Based on the preliminary review conducted by the City and responses to the NOP, the City found that the project could have potential environmental effects, including effects on the following:

Agriculture and Forestry, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, and Utilities and Service Systems. In accordance with CEQA, the City determined the project raised potentially significant concerns, and determined that an environmental impact report should be prepared.

The Draft EIR was prepared and circulated for a 45 -day public review period from February 28, 2023, to April 14, 2023. The Final EIR for the project consists of the Draft EIR, revisions to the Draft EIR, a list of persons, organizations, and public agencies commenting on the Draft EIR, comments received on the Draft EIR, and responses to those comments. A copy of the Final EIR was made available for public review and provided to all public agencies commenting on the Draft EIR at least 10 days prior to certification.

The Final EIR evaluated potential effects for the following environmental areas of potential concern: Agriculture and Forest Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use

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and Planning, Noise, Population and Housing, Public Services, Recr eation, Traffic and Transportation, Tribal Cultural Resources, and Utilities and Service Systems.

The Final EIR identified no impact or less than significant impacts related to Agriculture and Forest Resources, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Noise, Population and Housing, Public Services, Recreation, Traffic and Transportation, and Utilities and Service Systems.

The Final EIR identified potentially significant environmental effects related to Air Qua lity, Biological Resources (candidate, sensitive or special status species); Cultural Resources; Geology and Soils ( seismic-related ground shaking and failure, soil erosion, instability, destruction of unique resources) ; Noise ( excess of standards ); and Tribal Cultural Resources. The Final EIR determined that the potentially significant environmental impacts have been reduced to less than significant levels with implementation of the mitigation measures and adoption of the Mitigation Monitoring and Reporting Program (MMRP) designed to ensure compliance with mitigation measures throughout implementation of the project.

Public Resources Code Section 21081 and State CEQA Guidelines Section 15091 require that the City of Indio, as lead agency for this project, prepare written findings for any identified significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings under CEQA and the State CEQA Guidelines are:

(1) Changes or alterations have been required i n, or incorporated into, the project which mitigate, avoid or substantially lessen the significant effects on the environment.

(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

(3) Specific econ omic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR.

After consideration of an EIR, the lead agency may decide whether or how to approve or carry out the project.

For purposes of CEQA and for the Findings set forth herein, the record of proceedings for the City’s Findings and determinations consists of the following documents and testimony, at a minimum:

• The City’s General Plan, as amended, and all environmental documents relating thereto;

• The Draft EIR for the project , including all Appendices thereto and all supporting materials referenced therein;

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• The Final EIR for the project, including all comments on the Dra ft EIR, all responses thereto, and all supporting materials referenced therein;

• All testimony and written comments received by the City at or prior to any public hearing relating to the project, including the July 28, 2022 public scoping meeting, the two Planning Commission consultation meetings held on April 13, 2022 and May 10, 2023, the ___________ Planning Commission hearing, and the __________ City Council hearing;

• All reports of the City relating to the project, including reports submitted to the City by expert consultants, and all supporting materials referenced therein;

• These Findings made by the City and the Mitigation Monitoring and Reporting Program (“MMRP”) adopted by the City for the project;

• All final City Staff reports relating to the Draft EIR, the Final EIR and the project;

• All other public reports, documents, studies, memoranda, maps, or other planning documents relating to the project, the Draft EIR or the Final EIR, prepared by the City, consultants to the City, or responsible or trustee agencies; and

• All matters of common knowledge to the City , including but not limited to the City’s policies, guidelines and regulations.

The official custodian of the documents and other materials that constitute the record of proceedings is:

City of Indio
100 Civic Center Mall
Indio, CA 92201
Phone: 760-391-4120
Hours: Monday – Friday 8:00 a.m. to 5:00 p.m.

Copies of all these documents, which constitute the record of proceedings upon which the City’s decision is based, are, and at all relevant times have been, available upon request at the offices of the City, the custodian for such documents.

PROJECT DESCRIPTION

The project area encompasses 378 acres in the northwest portion of the City. The project site is bounded by 38
th Avenue to the north, Madison Street to the east, 40 th Avenue to the south, and Jefferson Street to the west. T his new community would be located immediately north and west of the existing Sun City Shadow Hills community, which is also an age-restricted community for residents aged 55 and above. The project would include a community clubhouse with outdoor resident amenities such pickle ball courts, bocce ball courts, tennis courts, a swimming pool, and water features. A network of pedestrian open space corridors is integrated throughout the project

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to facilitate walking. The residential development would occur on approximately 352 acres, of which approximately 72 acres would be dedicated to open space and pedestrian t rails, with the Community Clubhouse and Recreation area located on approximately 26 acres. Two acres along the edges of the Specific Plan Area would be dedicated as public Right-of-Way.

The applicant is requesting approval of the following, which if appr oved, would allow for and govern the development of the project site:
• Desert Retreat Specific Plan . The Specific Plan includes development standards, land use regulations, and programs to guide future development and use of land within the project areas. This Specific Plan defines the location, type, and amount of development allowed within the Specific Plan area consistent with the requirements for Specific Plans identified in State Planning and Land Use Law and City of Indio Municipal Code (IMC).
• Approval of a Fugitive Dust Control Plan for construction activities. • Development Agreement to establish the responsibilities of the applicant and the City, including vesting the project approvals, establishing operational standards, and setting financial obligations of the development.
• Tentative Tract Map and subsequent Design Review for the active adult community for residents aged 55 and above, containing up to 1,500 residential single -family homes along with a community clubhouse and other recreational amenities.

Tentative Parcel Map to create separate large parcels for acquisition and financing purposes, which will allow the Developer to take title to the subject land in phases.

PROJECT COMPONENTS
The project build out components include:
• 1,500 single-family detached homes of varying sizes
• 26,100 square feet of clubhouse with outdoor resident amenities such pickle ball courts, bocce ball courts, tennis courts, a swimming pool, and water features. • Approximately 72 acres of natural open space and pedestrian trails • 2.0 acres of perimeter right-of-way

PROJECT CONSTRUCTION

Development of the Specific Plan is intended to be developed by a single developer and phasing will be allowed under the Specific Plan so long as each phase accommodates the orderly extension of circulation, utilities, and infrastructure in accordance with the final conditions of approval for each project and the City’s Public Works Department. The project is expected to be built in five (5) phases or development areas with buildout anticipated to occur over approximately six to eight years.

PROJECT IMPLEMENTATION

Should the project be approved, implementation would include the following entitlement processes:

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Site Development Permit (SDP): SDPs will be required by the City for final approval of landscape design, architectural design, and site plans for each phase of development. These may be processed concurrent with or subsequent to other entitlement approvals. Each SDP will require public hearings before the Planning Commission.

Grading Plans/Permits, Improvement Plans, and Building Permits: Prior to constructing the homes and related amenities, the Developer will process grading and improvement plans with the City and obtain grading and building permits, which are approved by the City on an administrative basis without further public hearings.

RESPONSIBLE AGENCIES

The following are anticipated responsible agencies which may rely on the Final EIR for their discretionary approvals required to implement the project:

Coachella Valley Water District

Prepare and approve one or more Special and/or Standard Agreements for the provision of domestic water, sanitary sewer service, and recycled water . Review and approve the design and plans for the project’s domestic water, recycled water, and wastewater systems.

Imperial Irrigation District

Design and install a new substation in the southern portion of the project site, along with related improvements to the existing electric transmission and distribution system.

Colorado Regional Water Quality Control Board

Approval may include but is not limited to: (1) General Construction Stormwater Permit; (2) Standard Urban Stormwater Mitigation Plan; and (3) Submittal of a Recycled Water Report for the use of recycled water as a dust control measure for construction. Additionally, approve a Water Quality Certification under Section 401 of the Clean Water Act.

South Coast Air Quality Management District
• Approve a Fugitive Dust Control Plan for construction activities.

PROJECT OBJECTIVES

The project has identified the following objectives:

• Develop a thoughtfully planned and integrated master-planned residential community that aligns with and compliments the adjacent Sun City Shadow Hills community.

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• Connect the new Desert Retreat community with the existing surrounding community by providing for multiple points of access for different travel modes, including pedestrians, bicycles, golf carts and motor vehicles.
• Provide a comprehensive land use plan that establishes development standards, land use regulations, and programs to guide the orderly transition/development of the property. • Accommodate phasing that provides for a multi -year project buildout in an orderly and efficient manner.
• Establish design guidelines, development regulations, use standards and procedures that facilitate cohesive and attractive landscape and architectural treatments. • Provide a safe and efficient circulation system.
• Provide water, sewer, and drainage systems to adequately service the project. • Promote quality development consistent with the goals and policies of the Indio General Plan.
• Create a walkable community by incorporating pedestrian paths within the project and allowing for connections to public sidewalks/trails at each perimeter street.

II. FINDINGS REGARDING CERTIFICATION OF FINAL EIR
Pursuant to CEQA and t he State CEQA Guidelines, the City Council of the City of Indio as the lead agency under CEQA is responsible for certification of the EIR and therefore makes the following findings:

1. The Final EIR was completed in compliance with CEQA and its Guidelines.

2. The Final EIR was presented to the City Council, which reviewed and considered the information in the Final EIR prior to making its decision on the project;

3. The Final EIR reflects the City’s, as lead agency, independent judgment and analysis; and,

4. The City Council adopts the Mitigation Monitoring and Reporting Program to reduce or avoid the significant and mitigable impacts of the project.

By these Findings, the City ratifies, adopts and incorporates the analysis, explanation, findings, responses to comments and conclusions of the Final EIR. In addition, the Mitigation Monitoring and Reporting Program, and the mitigation measures specified therein, are hereby approve d and adopted, and shall be fully enforceable through the project conditions of approval, as well as permit conditions, agreements or other measures. Any finding made by the City shall be deemed made, regardless of where it appears in this document. All of the language included in this document constitutes findings by the City, whether or not any particular sentence or clause includes a statement to that effect. The City intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross -reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the City

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with respect to any particular subject matter of the Final EIR, shall be deemed to be made if it appears in any portion of these findings.

If any term, provision or portion of these Findings or the application of these Findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to the project , shall continue in full force and effect unless amended or modified by the City.

III. FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS WHICH

ARE AVOIDED OR MITIGATED TO A LESS THAN SIGNIFICANT LEVEL

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City finds that, for each of the following significant effects identified in the Final EIR, changes or alterations h ave been required in, or incorporated into, the project which mitigate or avoid the identified significant effects on the environment, and further finds that all such effects will be mitigated to less than significant levels. The significant effects and mitigation measures are stated fully in the Final EIR and each of the mitigation measures have been imposed on the project and are enforceable through the MMRP and project conditions. These findings are explained below and are supported by substantial evidence in the record of proceedings.

AIR QUALITY

Consistency with implementation of applicable air quality plan

The project site is located within the Salton Sea Air Basin (SSAB), which spans the Coachella Valley portion of the County of Riverside and the entire County of Imperial. Air quality management of the Riverside County portion of the SSAB is overseen by the South Coast Air Quality Management District (SCAQMD).

SCAQMD and the Southern California Association of Governments (SCAG) are responsible for formulating and implementing the Air Quality Management Plan (AQMP) for the SSAB. The AQMP is a comprehensive plan that includes control strategies for stationary and area sources, as well as for on-road and off-road mobile sources.

The analysis in the F inal EIR addresses the following criteria identified by the SCAQMD to determine the proposed project ’s consiste ncy with SCAQMD and SCAG air quality related policies:

• Will the project result in any of the following:
− Increase the frequency or severity of existing air quality violations? − Cause or contribute to new air quality violations?

According to the SCAQMD’s CEQA Handbook, the consistency determination based on the first criterion pertains to ambient pollutant concentrations rather than to total regional emissions, thus requiring an analysis of the project ’s pollutant emissions relative to localized pollutant concentrations.

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SCAG is the metropolitan planning organization (MPO) for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial Counties, and serves as a forum for the discussion of regional issues related to tran sportation, the economy, community development, and the environment. As the federally- designated MPO for the Southern California region, SCAG is mandated by the federal government to research and develop plans for transportation, hazardous waste management , and air quality. Pursuant to California Health and Safety Code Section 40460(b), SCAG has the responsibility for preparing and approving the portions of the AQMP relating to regional demographic projections and integrated regional land use, housing, employment, and transportation programs, measures, and strategies. SCAG is also responsible under the CAA for determining conformity of transportation projects, plans, and programs with applicable air quality plans. With regard to air quality planning, SCAG has prepared and adopted the 2020–2045 RTP/SCS, which includes a SCS (sustainable communities strategies) that addresses regional development and growth forecasts. The SCAG 2020–2045 RTP/SCS is a long- range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals, with a specific goal of achieving an 8 percent reduction in passenger vehicle GHG emissions on a per capita basis by 2020, 19 percent reduction by 2035, and 21 percent reduction by 2040, all compared to the 2005 level. Although the RTP/SCS is not technically an air quality plan, consistency with the RTP/SCS has air quality implications, including the reduction of VMT which reduces air quality emissions.

Mitigation Measures:

To mitigate against potential inconsistency with the implementation of an applicable air quality plan, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

MM AQ-1: Construction Emissions . Construction contractors sha ll, at a minimum, use equipment that meets the USEPA’s Final Tier 4 emissions standards for off -road diesel -powered construction equipment with 50 horsepower (hp) or greater, for all phases of construction activity, unless it can be demonstrated to the City with substantial evidence that such equipment is not available. To ensure that Final Tier 4 construction equipment or better shall be used during the proposed project ’s construction, the City shall include this requirement in applicable bid documents, purchase orders, and contracts. The City shall also require periodic reporting and provision of written construction documents by construction contractor(s) and conduct regular inspections to the maximum extent feasible to ensure and enforce compliance. Where Final Tier 4 equipment is not available, the project shall use Tier 3 equipment outfitted with Best Available Control Technology devices including a CARB certified Level 3 Diesel Particulate Filter (DPF). Level 3 DPF’s are capable of achieving at least 85 percent reduction in particulate matter emissions. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by Final Tier 4 emissions standards for

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a similarly sized en gine, as defined by the CARB’s regulations.

Successful contractors must demonstrate the ability to supply the compliant construction equipment for use prior to any ground disturbing and construction activities. The project representative will make available to the lead agency and SCAQMD a
comprehensive inventory of all off -road construction equipment, equal to or greater than 50 horsepower, which will be used during construction. The inventory will include the horsepower rating, engine production year, and certification of the specified Tier standard. A copy of each unit’s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be maintained on site at the time of mobilization for each applicable piece of construction equipment.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that for the potential inconsistency with implementation of applicable air quality plans described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental e ffect as identified in the Final EIR, and the City Counc il further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation me asure MM AQ-1, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

Regional construction emissions of NOx would result in potentially significant short -term air quality impacts without mitigation. As shown in DEIR Table 5.2- 9, with implementation of Mitigation Measure (M M) AQ-1, the projecte d emissions from the project will not exceed the SCAQMD significance thresholds. As shown in Table DEIR 5.2- 11, localized construction emissions of PM10 and PM2.5 would result in potentially significant short-term air quality impacts without mitigation. As shown in DEIR Table 5.2- 13, with implementation of MM AQ -1, the projected emissions from the project will not exceed the SCAQMD localized significance thresholds. Construction for the project will have to comply with SCAQMD Rule 403 for fugitive dust. Rule 403 control requirements include measures to prevent the generation of visible dust plumes. Measures include, but are not limited to, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system or other control measures to remove bulk material from tires and vehicle undercarriages before vehicles exit the project site, and maintaining effective cover over exposed areas. In addition, SCAQMD Rule 1113 would limit the VOC content of architect ural coatings. Compliance with these SCAQMD rules is incorporated into the analysis in the FEIR.

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Regional Construction.

The first 6 months of construction would include mass grading of the entire site and off-site street improvements. As shown in DEIR Table 5.2- 7: Unmitigated Regional Mass Grading Emissions, the daily maximum emissions would not exceed the SCAQMD daily significance thresholds for VOC, CO, SOx, PM10, or PM2.5. However, emissions would result in an exceedance of daily NOx emissions. The remainder of the construction timeline includes construction of the proposed homes, which would be broken down into approximately 80 to 100 phases, and the maximum daily regional construction emissions associated with these activities are provided in DEIR Table 5.2-8:

Unmitigated Regional Phase Emissions. As shown, the daily maximum emissions would not exceed the SCAQMD daily significance thresholds for VOC, NOx, CO, SOx, PM10, or PM2.5; however, the construction emissions from mass grading and off -site street improvements would result in an exceedance of daily NOx emissions. Therefore, the daily regional impact of NOx emissions would be considered a potentially significant impact.

Off-road diesel vehicles, which includes construction equipment, are regulated by the CARB for both in use (existing) and new engines. Implementation of Mitigation Measure (MM) MM AQ -1 would require the on- site construction equipment fleet to meet EPA standards for all off -road diesel-powered construction equipment greater than 50 horsepower (hp) and would require all construction equipment to be outfitted with BACT devices certified by CARB. The emission levels in DEIR Table 5.2-9: Mitigated Regional Mass Grading Emissions represent the maximum daily emissions projected to occur during mass grading with implementation of MM AQ-1. As presented in DEIR Table 5.2-9, the mitigated daily maximum regional construction emissions would not exceed any of the SCAQMD thresholds. Therefore, regional construction emissions would result in a less than significant short-term air quality impact during construction with mitigation.

Regional Operation

On-road mobile vehicles, electricity, natural gas, water, landscape equipment, solid waste, and wastewater would generate the majority of emissions on-site during project operation. The project is expected to generate approximately 6,470 daily trips. The maximum daily regional operational emissions are provided in DEIR Table 5.2- 10: Unmitigated Maximum Regional Operational Emissions. As shown in DEIR Table 5.2-10, operational emission levels would not exceed the SCAQMD daily regional thresholds and, as such, would result in less than significant operational impacts.

Localized Construction Emissions

As noted above, the first 6 months of construction would include mass grading of the entire site and off-site street improvements. The maximum localized construction emissions associated with these activities are provided in DEIR Table 5.2- 11: Unmitigated Localized Mass Grading Emissions. As shown, the daily localized emissions would not exceed the SCAQMD daily significance thresholds for NOx or CO. However, emissions would result in an exceedance of daily PM10 and PM2.5 emissions. Therefore, the daily localized impact of PM10 and PM2.5 emissions would be considered a potentially significant impact.

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MM AQ-1 would require the on- site construction equipment fleet to meet EPA standards for all off-road diesel -powered construction equipment greater than 50 horsepower (hp) and would require all construction equipment to be outfitted with BACT devices certified by CARB. These emission standards significantly reduce PM and NOX emissions. The emission levels in DEIR Table 5.2-13: Mitigated Localized Mass Grading Emissions represent the localized daily emissions projected to occur during mass grading and off -site street improvements with implementation of MM AQ-1. As presented in Table 5.2- 13, the mitigated localized construction emissions would not exceed any of the SCAQMD Localized Significant Thresholds (L ST). Therefore, localized construction would result in a less than significant short -term air quality impact during construction with mitigation.

The remainder of the construction timeline includes construction of the proposed homes which would be broken down into approximately 80 to 100 phases. Each phase would include precise grading of approximately 3 acres, building construction of the homes, paving of streets and driveways, and finishings (architectural coatings, landscaping, etc.). The maximum localized construction emissions associated with these activities are provided in DEIR Table 5.2-12:

Unmitigated Localized Phase Emissions. As shown, the daily localized emissions would not exceed the SCAQMD daily significance thresholds for NOx, CO, PM10 or PM2.5.

Localized Operation Emissions

Local emissions from p roject operation would include area and energy sources. Area -source emissions are based on natural gas (building heating and water heaters), landscaping equipment, and consumer product (including paint) usage rates provided in CalEEMod. Natural gas usage factors in CalEEMod are based on the CEC’s California Commercial End Use Survey data set, which provides energy demand by building type and climate zone. The results of the operational LST analysis are provided in DEIR Table 5.2-14: Unmitigated Localized Operational Emissions.

As shown in Table 5.2 -14, emissions would not exceed the localized significance thresholds for operation. Therefore, localized operational impacts would be less than significant.

Cumulatively considerable net increase of any criteria pollutant

The project’s construction emissions (without mitigation) are shown in Table 5.2-7 of the Draft EIR and would exceed SCAQMD’s regional threshold for NOx during the first 6 months of construction activities and thus result in significant impacts requiring mitigation.

The project’s operational-source emissions (without mitigation) are shown in Table 5.2-10 of the Draft EIR and would not exceed the SCAQMD regional thresholds of significance.

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Mitigation Measures:

To mitigate potential project specific and cumulative air quality impacts regarding criteria pollutants, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

MM AQ-1: Construction Emissions . Construction contractors shall, at a minimum, use equipment that meets the USEPA’s Final Tier 4 emissions standards for of f-road diesel -powered construction equipment with 50 horsepower (hp) or greater, for all phases of construction activity, unless it can be demonstrated to the City with substantial evidence that such equipment is not available. To ensure that Final Tier 4 construction equipment or better shall be used during the proposed project ’s construction, the City shall include this requirement in applicable bid documents, purchase orders, and contracts. The City shall also require periodic reporting and provision of written construction documents by construction contractor(s) and conduct regular inspections to the maximum extent feasible to ensure and enforce compliance. Where Final Tier 4 equipment is not available, the project shall use Tier 3 equipment outfitted with Best Available Control Technology devices including a CARB certified Level 3 Diesel Particulate Filter (DPF). Level 3 DPF’s are capable of achieving at least 85 percent reduction in particulate matter emissions. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by Final Tier 4 emissions standards for a similarly sized engine, as defined by the CARB’s regulations.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant air quality effects related to criteria pollutants described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen

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such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure AQ-1, as described and recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

According to SCAQMD, if an individual project results in air emissions of criteria pollutants that exceed SCAQMD’s recommended daily thresholds for project -specific impacts, then the project would also result in a cumulatively considerable net increase of these criteria pollutants. As shown in Table 5.2- 2 of the DEIR, the SSAB is currently nonattainment for federal and State O3 and PM10. By applying SCAQMD’s cumulative air quality impact methodology, implementation of the project would result in exceedance of regional NOx emissions during construction (Table 5.2- 7 of the DEIR). However, as shown in Table 5.2- 9 of the DEIR, regional emissions would be below SCAQMD thresholds with implementation of Mitigation Measure (MM) AQ-1. Moreover, as shown in Table 5.2-10 of the DEIR, regional operational emissions would not exceed SCAQMD thresholds. As such, impacts would be less than significant with mitigation.

Expose sensitive receptors to substantial pollutant concentrations

The project site is predominately surrounded by residential uses and Shadow Hills High School.

Per SCAQMD, these uses would be considered sensitive receptors. By applying SCAQMD’s LST methodology, implementation of the project would result in exceedance of localized PM10 and PM2.5 emissions during construction (Table 5.2- 11 of the DEIR). However, as shown in Table

5.2-13 of the DEIR, localized emissions would be below SCAQMD thresholds with implementation of MM AQ -1. Moreover, as shown in Table 5.2- 14 of the DEIR, localized operational emissions would not exceed SCAQMD thresholds. As such, impacts would be less than significant with mitigation.

Construction Emissions: Without mitigation, localized construction emissions would exceed the applicable SCAQMD LSTs for emissions for PM10 and PM 2.5 during the first six months of construction. For the remainder of the construction timeline construction would involve relatively smaller disturbance areas not resulting in exceedances for NOx, CO, PM10 or PM2.5.

Operational Emissions: Local emissions from project operation would include area and energy sources. Area -source emissions are based on natural gas (building heating and water heaters), landscaping equipment, and consumer product (including paint) usage rates provided in CalEEMod. Natural gas usage factors in CalEEMod are based on the California Commercial End Use Survey data set, which provides energy demand by building type and climate zone. The results of the operational LST analysis are provided in DEIR Table 5.2- 14: Unmitigated Localized Operational Emissions. As shown in Table 5.2- 14, emissions would not exceed the localized significance thresholds for operation. Therefore, localized operational impacts would be less than significant. In addition, the proposed project does not include stationary sources, or attracts mobile sources that may spend long periods idling at the site (e.g., transfer faci lities and warehouse buildings), and thus, due to the lack of significant stationary source emissions, the project will not expose sensitive receptors to substantial pollutant concentrations.

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Mitigation Measures:

To mitigate potential project specific and cumulative air quality impacts relating to exposure to substantial pollutant concentrations, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

MM AQ-1: Construction Emissions . Construction contr actors shall, at a minimum, use equipment that meets the USEPA’s Final Tier 4 emissions standards for off -road diesel -powered construction equipment with 50 horsepower (hp) or greater, for all phases of construction activity, unless it can be demonstrated to the City with substantial evidence that such equipment is not available. To ensure that Final Tier 4 construction equipment or better shall be used during the proposed project ’s construction, the City shall include this requirement in applicable bid documents, purchase orders, and contracts. The City shall also require periodic reporting and provision of written construction documents by construction contractor(s) and conduct regular inspections to the maximum extent feasible to ensure and enforce compliance. Where Final Tier 4 equipment is not available, the project shall use Tier 3 equipment outfitted with Best Available Control Technology devices including a CARB certified Level 3 Diesel Particulate Filter (DPF). Level 3 DPF’s are capable of achieving at least 85 percent reduction in particulate matter emissions. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by Final Tier 4 emissions standards for a similarly sized eng ine, as defined by the CARB’s regulations.

Successful contractors must demonstrate the ability to supply the compliant construction equipment for use prior to any ground disturbing and construction activities. The project representative will make available to the lead agency and SCAQMD a
comprehensive inventory of all off -road construction equipment, equal to or greater than 50 horsepower, which will be used during construction. The inventory will include the horsepower rating, engine production year, and c ertification of the specified Tier standard. A copy of each unit’s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be maintained on site at the time of mobilization for each applicable piece of construction equipment.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant air quality effects related to exposure to substantial concentrations of pollutants described above and further discussed in the

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Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures AQ-1, as described and recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

The project site is predominately surrounded by residential uses and Shadow Hills High School.

BIOLOGICAL RESOURCES

Candidate, sensitive or special status species

The project site consists primarily of vacant, undeveloped land that has been subject to a history of disturbance by human activity over time. The site contains one vegetation community, tamarisk thicket, and one land cover type classified as disturbed. The fauna of the project site and surrounding vicinity consists of species typical of disturbed, desert habitats in the Coachella Valley. Any off -site construction, including utilities, would be temporary and would not significantly impact the surrounding resources.

No special status plant species were observed on -site during the field investigation. The only special status animal species observed onsite during the field investigation was Costa’s hummingbird and sharpshinned hawk. In addition, the project site was determined to have a high potential to support eight special -status wildlife species that are not covered under the Coachella Valley Multiple Species Habitat Conservation Plan (CV MSHCP), including Cooper’s hawk, sharpshinned hawk, burrowing owl, California horned lark, prairie falcon, loggerhead shrike, rufous hummingbird, and black-tailed gnatcatcher.

The project was reviewed to determine consistency with the CVMSHCP which requires that local permittees comply with various protective measures for covered species, communities, essential ecological processes, and biological corridors. The proposed project is not listed as a planned “Covered Activity” under the published CVMSHCP but is still considered to be a current Covered Activity pursuant to Section 7.1 of the CVMSHCP. According to Section 7.1 of the CVMSHCP, take authorization will be provided for certain activities that take place outside of Conservation Areas. As a Covered Activity located outside designated conservation areas, implementation of the proposed project is expected to be consistent with the applicable regulatory compliance

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measures described in Section 4.4 of the CVMSHCP through payment of the applicable CVMSHCP fee.

Mitigation Measures:

To avoid or substantially reduce potential impacts to candidate, sensitive, or special status species, the following mitigation measure are hereby adopted and will be implemented consistent with the MMRP:

MM BIO-1: Pre-construction Burrowing Owl Clearance Survey.

To avoid impacts to burrowing owls during construction, the following actions, which are consistent with the Burrowing Owl Mitigation prepared by the CVMSHCP on March 7, 2012, and approved and accepted by the USFWS, shall be taken:

Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project-related activities associated with each phase of the Project and within 24 hours prior to ground disturbance, in accordance with protocol defined in the 2012 Staff Report on Burrowing Owl Mitigation. Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the 2012 Staff Report on Burrowing Owl Mitigation. If burrowing owls are detec ted during the preconstruction surveys, Project activities shall be immediately halted, and the qualified biologist and Project proponent shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites, acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures if avoidance is proposed. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe relocation actions that will b e implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Permittee shall implement the Burrowing Owl Plan following CDFW review and approval.

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MM BIO-2: Migratory Bird Treaty Act and Fish and Game Code Compliance.

Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than 3 days prior to vegetation removal or ground- disturbing activities associated with each phase of the Project. Pre- construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre-construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by a qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Established buffers shall remain on- site until a qualified biologist determines if the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance.

MM BIO-3: Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Compliance.

Prior to construction and issuance of any grading permit, the City of Indio shall ensure compliance with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated Implementing Agreement and shall ensure the
collection of payment of the CVMSHCP Local Development
Mitigation Fee.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects on candidate, sensitive, or special status species described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental e ffects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures BIO-1 through BIO-3, as recommended in the Final EIR,

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which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

In order to avoid impacts from implementation of the proposed project to the candidate, sensitive, and special status species described above, Mitigation Measure (MM) BIO -1 and MM BIO -2 would be implemented to include preconstruction burrowing owl and nesting bird clearance surveys to be conducted prior to ground disturbance. With implementation of the se pre- construction surveys , impacts to the candidate, sensitive, and special status species described above will be less than significant. The finding set forth above is also supported by the fact that the project biologist conducted Burrowing Owl focused surveys in accordance with the survey protocols listed in the CDFW 2012 Staff Report on Burrowing Owl Mitigation and found no Burrowing Owls or evidence of their recent or historic use of the project site, as more fully described in the responses to the CDFW comment letter on the Draft EIR, which are incorporated herein.

The project site was determined to have a low potential to support five special-status plant species that are not covered under the CVMSHCP, including Borrego milk- vetch, ribbed cryptantha, winged cryptantha, Arizona spurge, and flat-seeded spurge. The project site is not expected to have long-term conservation value for non-covered special-status plant species since it is surrounded by development and no additional mitigation obligations specific to these plant species are expected.

Furthermore, the project is consistent with the applicable goal and policies identified within the City’s General Plan Conservation Element and the CVMSHCP. The project would adhere to the City’s general development standards regarding lighting to prevent spillover or bleeding beyond the project site and into nearby open spaces or into the sky. Additionally, the project’s landscaping plan includes native and drought tolerant planting that is appropriate for the climatic conditions, soil conditions and concern for maintenance. The entirety of the project site has been previously disturbed with agricultural activities and on-going disking activity. As such, native vegetation has been impacted in these areas of disturbance. Development of the project would not result in the loss of native vegetation and habitats that support sensitive and special -status species nor would the project violate any of the policies set forth in the CVMSHCP, including with respect to development adjacent to or in the vicinity of conservation areas, as more fully described in the MSHCP Consistency Analysis contained in Appendix E to the Draft EIR and incorporated herein.

The project is located within the boundaries of the CVMSHCP, but not located within any of the CVMSHCP designated conservation areas. As a Covered Activity located outside designated conservation areas, implementation of the proposed project is expected to be consistent with the applicable regulatory compliance measures described in Section 4.4 of the CVMSHCP. Since the proposed project is considered a Covered Activity under Section 7.1 of the CVMSHCP, no measures are required, and the project is in compliance with the CVMSHCP. Accordingly, impacts would be less that significant.

The City Council reviewed and considered the Draft EIR comments relating to Biological Resources, including Comments 2-1, 2-3 through 2-11. The mitigation measures were revised in the Final EIR to incorporate the suggestions in Comments 2- 3, 2-4, and 2-7. The City Council

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finds that other comments lack merit and fail to provide any substantial evidence of any new or more severe significant adverse effects relating to biological resources, beyond what is described above and in the Draft EIR, or of any inaccuracies in the Draft EIR or technical studies. Rather, the City Council finds Final EIR Responses 2-1, 2- 3 through 2-11 and the revisions to the mitigation measures persuasive, and hereby adopts those responses and incorporates them into the City Council’s findings, analysis and conclusions regarding biological resources. Specifically with respect to potential impacts from project lighting, the City Council finds that adherence to the City’s outdoor lighting requirements will avoid any potential impacts to sensitive species or their habitat, as more fully explained in Response to Comment No. 2- 6, which is incorporated herein.

With respect to potential impacts on California Fish & Game Code Section 1602 resources, the City Council finds that no such resources are present on the project site, as more fully set forth in Response to Comment No. 2-5 and Appendix E to the Draft EIR, which are incorporated herein.

CULTURAL RESOURCES

Impacts to Historical and Archaeological Resources.

Implementation of the proposed project will result in potentially significant impacts to historical and archaeological resources. A records search indicated that five previous survey projects were conducted within the records search area. The historical -period sites are 2 refuse scatters, a segment of the Union Pacific Railroad/Southern Pacific Railroad, a segment of the Hayfield-Chino 220-kV transmission line, a utility pole, an unpaved road segment, the Coachella Canal, the East Side Dike, and a pipeline segment. All 3 isolated resources consisted of ceramic fragments.

Nine new archaeological sites, SRI -2, SRI-11, SRI-15, SRI-38, SRI-42, SRI-82, SRI-239, SRI- 769, and SRI -776 were identified during the survey of the project site. Coachella Valley Water District (CVWD) is currently constructing the N orth Indio Regional Flood Control project to the east of the project site between Adams and Jefferson Streets. As part of that CVWD project, the City approved a stockpile mass grading plan to allow soil exported during construction of these flood control facilities to be placed in an approximate 80-acre stockpile area in the central portion of the project site. Because this stockpile area included several of the new archeological sites identified during the fi eld surveys, additional field investigations of these sites were conducted with the participation of tribal representatives prior to soil being deposited in this stockpile area.

SRI-15 was identified as a large prehistoric artifact scatter. While a large variety and a large quantity of artifacts were d iscovered at SRI-15, agricultural activities and the construction of the dirt road that bisects the southern portion of the site have greatly reduced the site’s integrity on the surface and within the plow zone. The presence of a subsurface feature suggest s that the site maintains some degree of depth and subsurface integrity below the plow zone. S ite SRI-15 was determined to be eligible for listing in the CRHR as it is likely to yield additional information that may address three of the research themes considered in the evaluation of cultural resource significance: chronology, trade and social interaction, and settlement and subsistence. Impacts to SRI-15 during construction of the project is a potentially significant impact.

Using historical-period aerial images and USGS topographic maps, a possible historical period structure was observed in the north-central portion of the project site in aerial imagery from 1953.

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Also, on the 1958 Myoma California 7.5-minute USGS topographic map, four possible historical period structures were observed within the main project site, as well as an orchard or grove of trees south of the main project site, where the 3- acre proposed substation parcel is located. These structures and the orchard/grove are likewise visible on the 1967 Myoma California 7.5- minute USGS topographic map. An additional four structures and a possible retention basin or pit were observed on the 1973 Myoma California 7.5-minute USGS topographic map.

Mitigation Measures:

To avoid or substantially reduce potential impacts to historic and archaeological resources, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

MM CUL-1: SRI 15 Data Recovery. Prior to the implementation of mass grading, clearing, or grubbing, given the subsurface component of SRI 15 and the potential for human remains, consultation with Tribal entities concerning the site should occur so that appropriate measures are taken to adequately and respectfully mitigate any adverse effects that the development may have on the site.

Because implementation of the project as proposed would significantly impact the site, including the planned development of the SRI -15 area, avoidance of the SRI 15 site is not feasible.

Therefore, an archaeological data recovery plan shall be drafted and implemented for the site in a manner consistent with established professional archaeological standards and in consultation with the Agua Caliente, Morongo, and Cabazon Tribes. Data recovery efforts will be led by a qualified principal archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology and monitored by tribal representatives. This archaeological data recovery plan will include the professional qualifications required of key staff and detail excavation methods as well as methods used to analyze recovered artifacts and samples.

Implementation of the data recovery plan will reduce to an insignificant level potential project effects on SRI 15.

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on known archaeological resources as well as on unanticipated archaeological resources that may be unearthed during construction, which would include potential prehistoric and historical -period discoveries. The CRMTP shall detail the pertinent historic context and anticipated research themes within which cultural resources in the project site can be treated and evaluated. The plan shall include the professional qualifications required of key staff, monitoring protocols relative to the varying archaeological sensitivity across the project site, provisions for evaluating and treating unanticipated cultural materials discovered during ground- disturbing activities, situations under which monitoring may be reduced or discontinued, and reporting requirements. The CRMTP shall include detailed methods to be taken during stop work situations, assessment of preservation in place or recovery of potential cultural deposits, and the process for evaluating resources for CRHR eligibility. The CRMTP shall also include a section describing the protocol in the event that unanticipated human remains are discovered during project construction.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant effects on historic and archaeological resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental e ffects as identified in the Final EIR, and further finds that all such effects will be mitigated to le ss than significant levels through implementation of mitigation me asures CUL-1 and CUL-2, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

While implementation of the proposed project has the potential to impact the identified historical and archaeological resources described above and in the Draft EIR (see pp. 5.4- 12 – 5.4-14), development and implementation of an archeological data recovery plan, with monitoring by tribal monitors, is proposed to collect the cultural resource information that may be yielded by this site.

Mitigation Measures (MM) CUL -1 and MM CUL -2 would be imple mented to reduce the significance of project impacts to less than significant. Prior to ground disturbing activities, MM CUL-1 would require consultation with Tribal entities concerning SRI -15, so that appropriate measures are taken to adequately and respectfully mitigate any adverse effects that the development may have on the site.

Intact clay layers throughout the project site suggest that (1) agricultural practices did not disturb deeper deposits, (2) the ancient Lake Cahuilla’s shoreline extended into the project site, and (3) it is likely that many of the surface finds are highly disturbed from agricultural practices over the last 100 years. The presence of artifacts on the surface and their sparce subsurface presence

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suggests that most of the 11 prehistoric sites retain limited integrity. SRI 15 is the only site that has a subsurface feature and thus maintains integrity. Notably, the thermal feature at SRI 15 is directly above clay deposits, indicating that the ancient Lake Cahuilla once extended into the area but that the use of the thermal feature occurred after the lake had begun to recede from the area, because there were no clay deposits above the feature. Should archaeological resources be encountered during subsurface excavation activities, implementation of MM CUL -2 requires all activities near the discovery to cease, and a qualified archaeologist should be brought in to examine the discovery.

Implementation of MM CUL-1 and MM CUL-2 would reduce any significant impacts to less than significant.

Impacts to Human Remains

Based on the cultural sensitivity of the area, there is the potential that ground disturbing activities could result in the identification of additional resources, including previously unidentified cremations and human remains, and this is considered a potentially significant adverse effect.

Mitigation Measures:

To avoid or substantially reduce potential impacts concerning the discovery of human remains, the following mitigation measure s are hereby adopted and will be imple mented consistent with the MMRP:

MM CUL-3: Human Remains . If human remains are identified during construction, all construction activities near the remains must cease immediately, and the area must be secured. The Riverside County Coroner’s Office must be contacted immediately, in accordance with the California Health and Safety Code (HSC) Section 7050.5(b). If the determination is made by the coroner that the remains are those of a Native American, HSC 7050.5(c) requires that the coroner contact the Native American Heritage Commission (NAHC) by telephone within 24 hours. The NAHC will then select a Most Likely Descendant and will coordinate with that individual regarding the treatment and final disposition (repatriation) of the human remains, according to the provisions of PRC 5097.98 and any other legal/regulatory requirements. Any encountered human remains will be treated with the proper dignity and respect.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects concerning human remains described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such

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significant environmental e ffects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure CUL-3, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

Much of the prehistoric occupation of the Coachella Valley appears to be correlated with the presence of Lake Cahuilla, with most of the earliest known sites in the valley located at or near the ancient lakeshore. No human remains were found in the proje ct site during the surveys; a small number of burned bone fragments were encountered during the field survey which could not be positively identified as human or animal, because of the heavily fragmented nature of the materials and the lack of diagnostic traits. The presence of these bone fragments in association with artifacts, such as beads, often associated with human burials/cremation in the area the project site is located in, indicates the potential for the presence of cremations. project construction would include grading and excavation, which could result in the discovery of previously unrecorded human remains, including Native American burials. If human remains are uncovered during subsurface excavation activities, implementation of MM CUL -3 would require notification of the County coroner within 24 hours of the discovery to handle and identify the human remains. If the remains are determined to be those of a Native American, the County coroner shall notify the Native American Heritage Commission (NA HC), who would ensure compliance with Public Resources Code (PRC) Section 5097.98.

Compliance with these legal requirements, along with implementation of mitigation measures CUL-3 will ensure that potential impacts relating to human remains will be less than significant.

GEOLOGY AND SOILS

Expose People or Structures to:

S trong Seismic Shaking: Similar to most of Southern California, the project site is in a seismically active area and is subject to some level of ground shaking as a result of movement along the major active (and potentially active) fault zones that characterize this region. While no active faults are known to transect, or project onto, the project site, the nearest faults in proximity to the project site that could generate seismic activity that would affect the site are the Indio Hills and San Andreas (San Andreas Coachella Segment) Faults. The Coachella Segment of the San Andreas Fault Zone is located approximately 2.5 miles northwest of the site. The Indio Hills Fault Zone is approximately three miles east of the project site.

Intensity of ground shaking at a given location depends primarily upon earthquake magnitude, site distance from the source, and site response (soil type) characteristics. The project’s proximity to the two faults results in a reasonable likelihood that potentially significant seismic activity would be experienced at the project site. Based on the proposed remedial grading recommendations in areas of planned development, the potential total settlement resulting from ground shaking is expected to be less than 4 inches in the upper 50 feet of soils. The potential for seismic -induced settlement to occur is considered moderate.

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Mitigation Measures:

To avoid or substantially reduce potential adverse effects associated with seismic shaking, the following mitigation measure s are hereby adopted and will be imple mented consistent with the MMRP:

MM GEO-1: S ite Preparation and Remedial Grading . Prior to grading, the proposed structural improvement areas (i.e., all structural fill areas, pavement areas, buildings, etc.) of the site should be cleared of surface and subsurface obstructions, heavy vegetation and boulders.

Roots and debris should be disposed of offsite. Septic Tanks or seepage pits, if encountered, should be abandoned in accordance with the County of Riverside Department of Health Services guidelines. The near surface soils/alluvium (including artificial fill/stockpiles) are potentially compressible in their present state and may settle under the surcharge of fills or foundation loading. As such, these materials should be removed (over -excavated) and re - compacted in all settlement-sensitive areas. We recommend that the upper 5 feet of alluvium or 3 feet below bottom of footings, whichever deeper, should be removed/overexcavated and
recompacted prior to foundation construction or placement of any additional fill. The removal limit should be established by a 1:1 (horizontal: vertical) projection from the edge of fill soils supporting settlement-sensitive structures downward and outward to competent material identified by the geotechnical consultant. Removal will also include benching into competent material as the fills rise. Areas adjacent to existing structures or property limits may require special considerations and monitoring. Steeper temporary slopes in these areas may be considered.

MM GEO-2: Structural Fills. The onsite soils are generally suitable for re -use as compacted fill provided they are free of debris and organic matter.

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subdrain recommendations, are provided in Appendix D. All keyways should be excavated into dense bedrock or dense alluvium as determined by the geotechnical engineer. The cut portions of all slope and keyway excavations should be geologically mapped and approved by a geologist prior to fill placement. Fills placed on slopes steeper than 5:1 (horizontal: vertical) should be benched into dense soils (see Appendix D for benching detail). Benching should be of sufficient depth to remove all loose material. A minimum bench height of 2 feet into approved material should be maintained at all times.

MM GEO-3: Shrinkage and Subsidence. The volume change of excavated onsite materials upon compaction is expected to vary with materials, volume of roots and deleterious materials, density, insitu moistur e content, location, and compaction effort. The in place and compacted densities of soil materials vary and accurate overall determination of shrinkage and bulking cannot be made. Therefore, we recommend site grading include, if possible, a balance area or ability to adjust import quantities to accommodate some variation.

Based on our experience with similar materials, we anticipate 10 to 15 percent shrinkage in the upper 5 feet of dune sand/alluvium.

Subsidence due solely to scarification, moisture conditioning and recompaction of the exposed bottom of overexcavation, is expected to be on the order of 0.15 foot. This should be added to the above shrinkage value for the recompacted fill zone, to calculate overall subsidence.

MM GEO-4: Import Soils. Import soils and/or borrow sites, if needed, should be evaluated by the geotechnical consultant prior to import. Import soils should be uncontaminated, granular in nature, free of organic material (loss on ignition less -than 2 percent), have a very low expansion potential (with an Expansion Index less than 21) and have a low corrosion impact to the proposed improvements.

MM GEO-5: Utility Trenches. Utility trenches should be backfilled with compacted fill in accordance with Sections 306 -1.2 and 306-1.3 of the Standard Specifications for Public Works Construction, (“Greenbook”), 2018 Edition (or most recent). Fill material above the pipe zone should be placed in lifts not exceeding 8 inches in uncompacted thickness and should be compacted to at least 90 percent relative compaction (ASTM D 1557) by mechanical means only. site soils may generally be suitable as trench backfill provided these soils are screened of rocks over 1½ inches in diameter and organic matter. If imported sand is used as backfill, the upper 3 feet in building and pavement areas should be compacted to 95 percent.

The upper 6 inches of backfill in all pavement areas should be

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compacted to at least 95 percent relative compaction. Where granular backfill is used in utility trenches adjacent moistu re sensitive subgrades and foundation soils, we recommend that a cut- off “plug” of impermeable material be placed in these trenches at the perimeter of buildings, and at pavement edges adjacent to irrigated landscaped areas. A “plug” can consist of a 5 -foot-long section of clayey soils with more than 35- percent passing the No. 200 sieve, or a Controlled Low Strength Material (CLSM) consisting of one sack of Portland-cement plus one sack of bentonite per cubic-yard of sand. CLSM should generally conform to Section 201-6 of the Standard Specifications for Public Works Construction, (“Greenbook”), 2018 Edition. This is intended to reduce the likelihood of water permeating trenches from landscaped areas, then seeping along permeable trench backfill into the building and pavement subgrades, resulting in wetting of moisture sensitive subgrade earth materials under buildings and pavements.

Excavation of utility trenches should be performed in accordance with the project plans, specifications, and the California Construction Safety Orders (current Edition). The contractor should be responsible for providing a "competent person" as defined in Article 6 of the California Construction Safety Orders. Contractors should be advised that sandy soils (such as fills generated from the onsite alluvium) could make excavations particularly unsafe if all safety precautions are not properly implemented. In addition, excavations at or near the toe of slopes and/or parallel to slopes may be highly unstable due to the increased driving force and load on the trench wall. Spoil piles from the excavation(s) and construction equipment should be kept away from the sides of the trenches.

Leighton does not consult in the area of safety engineering.

MM GEO-6: Drainage. All drainage should be directed away from structures, slopes, and pavements by means of approved permanent/temporary drainage devices. Adequate storm drainage of any proposed pad should be provided to avoid wetting of foundation soils. Irrigation adjacent to buildings should be avoided when possible. As an option, sealed- bottom planter boxes and/or drought resistant vegetation should be used within 5-feet of buildings.

MM GEO-7: Slope Design and Construction. Based on our understanding and planning purposes, all fill and cut slopes will be designed and constructed at 2:1 (horizontal: vertical) with benches at maximum 30-foot intervals. These slopes are considered grossly stable for static and pseudo static conditions. For planning purposes, cut slopes exceeding 5 feet in height should be constructed as replacement fill slopes due to the highly erosive nature of site soils.

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Future grading plans should be subject to further review and evaluation.

The outer portion of fill slopes should be either overbuilt by 2 feet (minimum) and trimmed back to the finished slope configuration or compacted in vertical increments of 5 feet (maximum) by a weighted sheepsfoot roller as the fill is placed. The slope face should then be track-walked by dozers of appropriate weight to achieve the final slope configuration and compaction to the slope face. Slope faces are inherently subject to erosion, particularly if exposed to wind, rainfall, and irrigation. Landscaping and slope maintenance should be conducted as soon as possible in order to increase long- term surficial stability. Berms should be provided at the top of fill slopes. Drainage should be directed such that surface runoff on the slope face is minimized.

MM GEO-10: Vapor Retarder. It has been a standard of care t o install a moisture retarder underneath all slabs where moisture condensation is undesirable. Moisture vapor retarders may retard but not totally eliminate moisture vapor movement from the underlying soils up through the slabs. Moisture vapor transmission may be additionally reduced by use of concrete additives. A qualified person/firm shall be engaged and consulted with to evaluate the general and specific moisture vapor transmission paths and any impact on the proposed construction and make to avoid moisture vapor transmission on various components of the structure as deemed appropriate. The slab subgrade soils should be well wetted prior to placing concrete.

MM GEO-12: Geochemical Characteristics. Additional corrosion testing should be performed on representative finish grade soils at the completion of rough grading. Concrete foundations in contact with site soils should be designed in accordance with 2019 CBC. A qualified corrosion engineer should be consulted to review the results of laboratory tests and coordinate additional testing if corrosion sensitive materials are to be used.

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to the “Standard Specificat ions for Public Works Construction” (green book) current edition or Caltrans Class 2 aggregate base having a minimum R -value of 78. Asphaltic concrete should be placed on compacted aggregate base and compacted to a minimum 95 percent relative compaction.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to seismic ground shaking, described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will b e mitigated to less than significant levels through implementation of mitigation measures GEO-1 through GEO-7, GEO-10, GEO-12 and GEO-13, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

Based on the Geotechnical Study prepared for the project, the project is considered feasible for development from a geotechnical perspective. Mitigation Measure (MM) GEO -1, MM GEO -2, and MM GEO-3, and MM GEO-13 would reduce the potential for seismic settlement in areas of planned development and include the removal of unconsolidated alluvium, artificial fill, slopewash, colluvium, weathered terrace deposits, severely weathered bedrock, and landslide materials prior to areas receiving fill. MM GEO-10 and MM GEO-12 would also reduce moisture vapor transmission on various components of the structure and corrosion of foundations.

Additional mitigation measures to reduce the potential for seismic settlement in areas of planned development also include MM GEO -4 through MM GEO -7. These mitigation measures w ould include backfill of utility trenches, the import of soils with uncontaminated and low corrosive impact, drainage directed away from slopes and structures, and a balance area to be placed on-site for the adjustment of import soil quantities to accommodate variation of compaction needs. These mitigation measures would also be applied to the alternative substation site, which is located on the northwest corner of Burr Street and Avenue 40. Buildings and structures developed on the project site, as well as the potential alternative substation site, would also be required to adhere to the minimum standards and seismic safety requirements outlined in the 20 19 California Building Code, as adopted, and amended by the City and codified in Title XV: Land Usage, in the I ndio Municipal Code (IMC). These requirements would ensure that the project would implement the recommendations contained within the Geotechnical Study. Therefore, implementation of MMs GEO-1 through MM GEO -7, MM GEO -10, MM GEO -12, and MM GEO -13 and building requirements would ensure that the project would be designed in accordance with City and professional standards to avoid hazards related to seismic ground shaking. Impacts would be less than significant with mitigation.

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Seismic-Related Ground Failure, including Liquefaction: Implementation of the proposed project has the potential for significant adverse effects associated with seismic- related ground failure, due to the active faults in the project vicinity ; based on the depth of groundwater in the soils, possibly between 90 to 140 bgs according to the nearest well, liquefaction is not likely to occur. In addition, the project site is also not mapped within an area of liquefaction according to the California Department of Conservation. However, during a strong seismic event, seismically- induced settlement can still occur within loose to moderately dense, dry, or saturated granular soils.

Mitigation Measures:

To avoid or substantially reduce potential adverse effects associated with seismic -related ground failure, including liquefaction, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

MM GEO-8: Bearing and Lateral Pressures. Based on the analysis, the proposed residential/ and retail/commercial structures may be founded on conventional foundation systems based on the design parameters provided below. The proposed foundations and slabs should be designed in accordance with the structural consultants’ design, the minimum geotechnical recommendations presented herein, and the 2019 CBC. In utilizing the minimum geotechnical foundation recommendations, the structural consultant should design the foundation system to acceptable deflection criteria as determined by the architect. Foundation footings may be designed with the following geotechnical design parameters:

• Bearing Capacity: A net allowable bearing capacity of 2,000 pounds per square foot (psf), or a modulus of subgrade reaction of 150 pci may be used for design of footings founded entirely into compacted fill. The footings should extend a minimum of 12 inches below lowest adjacent grade. A minimum base width of 18 inches for continuous footings and a minimum bearing area of 3 square feet (1.75 ft by 1.75 ft) for pad foundations should be used. Additionally, an increase of one- third may be applied when considering short - term live loads (e.g., seismic and wind).

• Passive Pressures: The passive earth pressure may be computed as an equivalent fluid having a density of 300 psf per foot of depth, to a maximum earth pressure of 3,000 pounds per square foot. A coefficient of friction between soil and concrete of 0.35 may be used with dead load forces. When combining passive pressure and frictional resistance, the passive pressure component should be reduced by one third.

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MM GEO-9: Settlement. The project civil engineer, structural engineer, and architect should consider the potential effects of both static settlement and dynamic settlement presented below.

• Static Settlement: Most of the static settlement of onsite soils is expected to be immediate or within 30 days following fill placement. A differential static settlement of 0.5 inch over a 30-foot span may be considered for design purposes. Additional settlement will also occur in the future if sites grades are raised or due to specific or large footing/foundation loads.

• Dynamic Settlement: Based on our analysis, we estimate that total dynamic settlement is expected to be less than 5.0 inch. Due to relatively uniform alluvium, this settlement is expected to be global and differential settlement is expected to be minimal or less than

0.25 inches over a 40foot horizontal span.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to seismic-related ground failure, including liquefaction, described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures GEO-8 and GEO-9, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

The proposed remedial grading recommendations within the Geotechnical Study, state that the potential total settlement resulting from ground shaking is expected to be less than 4 inches in the upper 50 feet of soils. It is anticipated that the deeper sediments underlying the site have been present for multiple San Andreas earthquakes and thus have experienced most dry settlement.

However, MM GEO -8 and MM GEO -9 would further reduce the potential for liquefaction and associated liquefaction -induced ground failures and may include recompaction of potentially liquefiable soils. Additionally, implementation of the 2019 CBC requirements and the recommendations contained in the approved Geotechnical Study during design and construction, would be ensured through implementation of the required geotechnical report and final grading, drainage, and erosion control plans. The potential for adverse impacts to the proposed development from liquefaction and other secondary seismic effects is considered to be low provided tha t MM GEO-8 and MM GEO -9 are incorporated into the future grading plan and implemented during construction. Therefore, impacts are considered to be less than significant with mitigation.

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Soil Erosion or Loss of Topsoil

Construction. The project site currently consists of vacant land historically used for agricultural purposes. Stockpiles of soil are also located in the east-central and central portions of the site. The project site would be graded prior to construction of the project ; and therefore, the soils would be exposed and could be subject to erosion. In compliance with SCAQMD Rule 403 and Rule 403.1, exposed soils would need to be covered with vegetation as soon as possible and/or watered in order to reduce fugitive dust. Construction vehicles on the project site would also need to maintain low speeds as another measure to reduce airborne fugitive dust particles. Quaternary- aged alluvial deposits were encountered to the maximum depth explored in conjunction with the project site’s geotechnical investigation. The artificial fill materials are composed predominately by site generated soils containing alluvial deposits. The alluvium materials are composed of loose to medium dense in the upper 30 feet and dense to very dense below depths greater than 30 feet.

The near surface alluvium (upper 5 feet) is expected to generally possess very low expansion potential.

O
peration . The increased intensity of use on the project site would potentially impact the surrounding undeveloped adjacent landscape and influence acceleration of erosion from stormwater runoff. In addition, wind erosion from the surrounding undeveloped properties could have potential impacts on the buildings, structures, and individuals within the project site. This is due to the nature of the regional landscape, wind patterns, and soil composition. These factors influence the area to be more susceptible to wind erosion impacts. Thus, the project site is considered to be located in an area of minimal erosion hazard.

Mitigation Measures:

To avoid or substantially reduce potential adverse effects associated with s oil erosion or loss of topsoil, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

MM GEO-7: Slope Design and Construction. Based on our understanding and planning purposes, all fill and cut slopes will be designed and constructed at 2:1 (horizontal: vertical) with benches at maximum 30-foot intervals. These slopes are considered grossly stable for static and pseudo static co nditions. For planning purposes, cut slopes exceeding 5 feet in height should be constructed as replacement fill slopes due to the highly erosive nature of site soils.

Future grading plans should be subject to further review and

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evaluation. The outer portion of fill slopes should be either overbuilt by 2 feet (minimum) and trimmed back to the finished slope configuration or compacted in vertical increments of 5 feet (maximum) by a weighted sheepsfoot roller as the fill is placed. The slope face should then be track -walked by dozers of appropriate weight to achieve the final slope configuration and compaction to the slope face. Slope faces are inherently subject to erosion, particularly if exposed to wind, rainfall, and irrigation. Landscaping and slope maintenance should be conducted as soon as possible in order to increase long -term surficial stability. Berms should be provided at the top of fill slopes. Drainage should be directed such that surface runoff on the slope face is minimized.

MM GEO-11: Retaining Walls. Unrestrained (yielding) cantilever walls should be designed for the active equivalent -fluid weight value provided above for very low to low expansive soils that are free draining. In the design of walls restrained from movement at the top (nonyielding) such as basement or elevator pit/utility vaults, the at - rest equivalent fluid weight value should be used. Total depth of retained earth for design of cantilever walls should be measured as the vertical distance below the ground surface measured at the wall face for stem design, or measured at the heel of the footing for overturning and sliding calculations. Should a sloping backfill other than a 2:1 (horizontal: vertical) be constructed above the wall (or a backfill is loaded by an adjacent surchar ge load), the equivalent fluid weight values provided above should be re -evaluated on an individual case basis by us. Non- standard wall designs should also be reviewed by us prior to construction to check that the proper soil parameters have been incorporated into the wall design.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to soil erosion or loss of tops oil, described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR , and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures GEO-6, GEO-7 and GEO-11, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding

As described in DEIR Section 5.8: Hydrology and Water Quality, the General Permit for Storm Water Discharges Associated with Construction Activities requires that the project develop and

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implement a Storm Water Pollution Prevention Plan (SWPPP), which includes Best Management Practices (BMPs) that would be employed to prevent erosion of on-site soils, as well as discharge of other construction related pollutants. A monitoring program is required as part of the SWPPP to ensure that BMPs are implemented appropriately and are effective at control ling discharges of pollutants that are related to stormwater, including erosion of on-site soils. Indio Municipal Code (IMC) Title XV, Chapter 162, Sections 162.600 describes regulation standards for sediment and erosion control during grading activities. Additionally, MM GEO-6 and MM GEO-7 would reduce the potential for flooding and erosion. Therefore, with the implementation MM GEO -6 and MM GEO-7, the required SWPPP, and adherence to the IMC for sediment and erosion control, soil erosion impacts would be less than significant.

Unprotected pads and slope faces will be susceptible to erosion. This risk can be reduced by planting the slopes as soon as possible after grading, and by maintaining proper erosion control measures. MM GEO-7 would require all fill and cut slopes to be designed and constructed at 2:1 (horizontal: vertical) with benches at maximum 30-foot intervals; berms provided at the top of fill slopes to reduce runoff; and drainage would be directed such that surface runoff on the slope face is minimized. These slopes would be considered stable for the soil within the project site. Further, MM GEO -11 would require retained earth for design of cantilever walls for very low to low expansive soils that are free draining. Implementation of these recom mendations would reduce impacts to less than significant.

Located on an Unstable Geologic Unit

The relatively flat topography of the project site and surrounding off -site areas precludes both stability problems and the potential for lurching, which is earth movement at right angles to a cliff or steep slope during ground shaking. Liquefaction may also cause lateral spreading. For lateral spreading to occur, the liquefiable zone must be continuous, unconstrained laterally, and free to move along gently sloping ground toward an unconfined area. However, if lateral containment is present for those zones, then no significant risk of lateral spreading would be present. Since the liquefaction potential at the project site is low, earthquake -induced lateral spr eading is not considered to be a significant seismic hazard, nor would it result in off-site impacts.

To minimize significant settlements, it is recommended that the unsuitable soils in areas to receive fills be removed and replaced with compacted fill. Ground surface subsidence generally results from the extraction of fluids or gas from the subsurface that can result in a gradual lowering of the ground level. According to the geotechnical study, groundwater was not found to be present on the project site and groundwater depths are estimated to be between 90 and 140 feet bgs. With the lack of presence of shallow groundwater, the potential for ground collapse and other adverse effects due to subsidence to occur on the project site and off-site areas is considered low. Thus, the potential for seismically induced ground subsidence is considered to be moderate at the site.

Mitigation Measures:

To avoid or substantially reduce potential adverse effects associated with development on an unstable geologic unit, the following mitigation measure s are hereby adopted and will be implemented consistent with the MMRP:

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Roots and debris should be disposed of offsite. Septic Tanks or seepage pits, if encountered, should be abandoned in accordance with the County of Riverside Department of Health Services guidelines. The near surface soils/alluvium (including artificial fill/stockpiles) are potentially compressible in their present state and may settle under the surcharge of fills or foundation loading. As such, these materials should be removed (over -excavated) and re- compacted in all settlement-sensitive areas. We recommend that the upper 5 feet of alluvium or 3 feet below bottom of footings, whichever deeper, should be removed/overexcavated and
recompacted prior to foundation construction or placement of any additional fill. The removal limit should be established by a 1:1 (horizontal: vertical) projection from the edge of fill soils supporting settlement-sensitive structures downward and outward to competent material identified by the geotechnical consultant. Removal will also include benching into competent material as the fills rise. Areas adjacent to existing structures or property limits may require special considerations and monitoring. Steeper temporary slopes in these areas may be considered.

MM GEO-2: Structural Fills. The onsite soils are generally suitable for re -use as compacted fill provided they are free of debris and organic matter.

Areas to receive structural fill and/or other surface improvements should be scarified to a minimum depth of 8 inches, conditioned to at least optimum moisture content, and recompacted. Fill soils should be placed at a minimum of 90 percent relative compaction (based on ASTM D1557) and near or above optimum moisture content. Placement and compaction of fill should be performed in accordance with local grading ordinances under the observation and testing of the geotechnical consultant. The optimum lift thickness to produce a uniformly compacted fill will depend on the type and size of compaction equipment used. In general, fill should be placed in uniform lifts not exceeding 8 inches in thickness. Fill slope keyways will be necessary at the toe of all fill slopes and cut slope replacement fills. Keyway schematics, including dimensions and subdrain recommendations, are provided in Appendix D. All keyways should be excavated into dense bedrock or dense alluvium as determined by the geotechnical engineer. The cut portions of all slope and keyway excavations should be geologically mapped and approved by a geologist prior to fill placement. Fills placed on slopes steeper than 5:1 (horizontal: vertical) should be benched into

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dense soils (see Appendix D for benching detail). Benching should be of sufficient depth to remove all loose material. A minimum bench height of 2 feet into approved material should be maintained at all times.

MM GEO-3: Shrinkage and Subsidence. The volume change of excavated onsite materials upon compaction is expected to vary with materials, volume of roots and deleterious materials, density, insitu moisture content, location, and compaction effort. The in place and compacted densities of soil materials vary and accurate overall determination of shrinkage and bulking cannot be made. Therefore, we recommend site grading include, if possible, a balance area or ability to adjust import quantities to accommodate some variation.

Based on our experience with similar materials, we anticipate 10 to 15 percent shrinkage in the upper 5 feet of dune sand/alluvium.

MM GEO-13: Preliminary Pavement Design . The subgrade soils in the upper 6 inches should be properly compacted to at l east 95 percent relative compaction (ASTM D1557) and should be moisture conditioned to near optimum and kept in this condition until the pavement section is constructed. Proof-rolling subgrade to identify localized areas of yielding subgrade (if any) should be performed prior to placement of aggregate base and under the observation of the geotechnical consultant. Minimum relative compaction requirements for aggregate base should be 95 percent of the maximum laboratory density as determined by ASTM D1557. Base rock should conform to the “Standard Specifications for Public Works Construction” (green book) current edition or Caltrans Class 2 aggregate base having a minimum R -value of 78. Asphaltic concrete should be placed on compacted aggregate base and compacted to a minimum 95 percent relative compaction.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to development on an unstable geologic unit described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures GEO-1 through GEO-3 and GEO-13, as recommended in

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the Final EIR, which have been adopted by the City and are enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

Seismically induced settlement is considered to be potentially significant. Mitigation Measure (MM) GEO-1 through MM GEO -3 and MM GEO -13 would reduce impacts to less than significant. MM GEO-1 would include the removal of heavy vegetation, boulders, roots, and debris from the project site. With MM GEO-2, the excavation/recompaction of uncertified fill, ground settlement would be reduced to levels that can be accommodated by conventional foundation designs. MM GEO-3 states that proposed foundations and slabs would be designed in accordance with the structural consultants’ design, the minimum geotechnical recommendations presented in the Geotechnical Study, and the 2019 California Building Code (CBC). Additionally, based on the remedial grading recommendations in areas of planned development, the project site has very low expansion and collapsible potential. Therefore, the risk of ground settlement would be less than significant, with mitigation.

Even though the project site’s potential to experience a landslide, lateral spreading, subsidence, liquefaction, or collapse is considered low, development of the project would comply with the CBC, prepare a detailed geotechnical and soils investigation approved by the City, and incorporate the recommendations presented in the draft and final soils engineering reports prepared for the project site. Therefore, impacts related to exposure to hazards including landslides, lateral spreading, subsidence, liquefaction, and collapse, as well as development on a potentially unstable geologic unit would be less than significant.

Impacts to a Unique Paleontological Resource, site or Unique Geologic Feature

The project site is underlain by several Pleistocene- to Holocene-age alluvial deposits. Quaternary alluvial deposits are generally assigned a high paleontological resource potential for their Pleistocene components and a low paleontological resource potential for their Holocene components. Records fr om the Western Science Center corroborate the assignment of a high paleontological resource potential to these alluvial deposits (at least at depth), as documented by the presence of significant fossil finds in Quaternary alluvial deposits in close proximity to the project site. Therefore, it can be assumed that the upper 5 feet of the sediments underlying the project site should be assigned a low paleontological resource sensitivity and any deposits discovered at greater than 5 feet of depth below grade be assigned a high paleontological resource sensitivity. Therefore, impacts would potentially be significant to paleontological resources during construction of the project.

Mitigation Measures:

To avoid or substantially reduce potential adverse effects on a unique paleontological resource, site or geologic feature, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

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MM GEO-14: Paleontological Monitoring.

A qualified paleontologist shall be retained prior to earthmoving activities associated with sediment greater than 5 feet below grade within the Project Site, in order to develop a site-specific Paleontological Resource Mitigation and Treatment Plan. The plan shall specify the levels and types of mitigation efforts based on the types and depths of earthmoving activities and the geologic and paleontological sensitivity of the Project Site. If artificial fill, significantly disturbed deposits, or younger deposits too recent to contain paleontological resources are encountered during construction, the Project paleontologist may reduce or curtail monitoring in the affected areas, after consultation with the proponent and the City. The plan shall also include a description of the professional qualifications required of key staff,
communication protocols to be followed during construction, fossil-recovery protocols, sampling protocols for microfossils (if required), laboratory procedures, reporting requirements, and curation provisions for any collected fossil specimens.

Furthermore, a paleontological monitor should be on-site at all times during the original cutting of previously undisturbed deposits of high paleontological resource potential to inspect exposures for contained fossils. The paleontological monitor will work under the direction of a qualified professional paleontologist. If paleontological resources are discovered during construction, the monitor will have the authority to temporarily divert or direct ground-disturbing activities in the immediate vicinity around the find until they are assessed for scientific significance and recovered (i.e., collected).

Finding:

Pursuant to Section 21081(a) of the Public Resources Code a nd Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for the significant effects relating to paleontological resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure GEO-14, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

Facts in Support of Finding:

In order to reduce impacts to paleontological resour ces encountered at depth on the project site, Mitigation Measure GEO-14 requires all sediment greater than 5 feet below grade be monitored by a qualified paleontological monitor. Implementation of these measures would mitigate impacts to less than significant.

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NOISE

Substantial Increases in Ambient Noise Levels Exceeding Established Standards

As analyzed in the Final EIR, the project will generate short -term construction noise and long- term increases in traffic noise and operational noise. The increases in noise would be significant if noise generated by stationary equipment (non -transportation) results in a nuisance at noise sensitive receptors based on stationary noise limits of the City’s Municipal Code or if new noise sensitive uses would be located in a noise environment that exceeds the state’s noise compatibility guidelines. Similar to st ate guidelines, the City requires new residential development to achieve an interior noise environment of 45 dBA CNEL or exterior noise levels at single family residential noise sensitive areas to 65 dBA CNEL.

Based on local noise criteria established in the City’s General Plan, the following would be considered significant: An increase of 3 dBA or greater in traffic noise levels that occur from project-related activities if the resulting noise levels exceeded the Noise Compatibility Matrix for “acceptable” exterior noise levels; or an increase of 3 to 5 dBA in traffic noise levels that occur from project-related activities if the resulting noise levels are above the “acceptable” thresholds established by the state and City. Any i ncreases in traffic noise g reater than 5 dBA would be considered to be significant.

Based on local noise criteria established by the City, c onstruction activities occurring outside the normal business hours of 7:00 AM and 7:00 PM, except Sundays and holidays is considered significant. The City does not specify a numerical noise level limit applicable to construction activities; however, the FEIR used the FTA’s Transit Noise and Vibration Impact Assessment manual as a screening tool to assess the potential impacts related to construction noise. Impacts related to construction would be considered significant if noise levels exceed 80 dBA Leq at off - site residential uses , even if those noise increases occurred during the permitted hours of construction activity.

The analysis of off-site construction traffic noise impacts focuses on areas by: (1) identifying major roadways that may be used for construction worker commute routes or truck haul routes; (2) generally identifying the nature and location of noise -sensitive receptors along those routes; and (3) evaluating the traffic characteristics along those routes, specifically as related to existing traffic volumes. The project will generate operational noise levels from traffic and vibrational sources.

Mitigation Measures:

To mitigate potential project specific and cumulative effects relating to noise, and to further minimize any noise increases for existing residents in the project vicinity, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

MM NOI-1: The project applicant shall require that the following construction best management practices (BMPs) be implemented by contractors to reduce construction noise levels below the City’s established thresholds:
• Construction equipment shall be equipped with exhaust muffler systems consistent with FHWA guidance.

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• All equipment shall be properly maintained in accordance with manufacturers’ specifications to assure that no additional noise due to worn or improperly maintained parts is generated consistent with FHWA guidance.
• Construction equipment shall have features that dampen metal surfaces and minimize metal- to-metal contact consistent with FHWA guidance.
• When construction operations occur adjacent to off -site occupied residential areas, construction equipment staging areas and stationary noise sources shall be located as far from those nearby receptors as possible, prohibit idling equipment, notify adjacent residences in advance of construction work, and install temporary acoustic barriers or noise blankets around stationary construction noise sources. These barriers shall be made featuring weather - protected, sound -absorptive material on the construction- activity side of the noise barrier and must be installed in a location that completely blocks line -of-sight between the construction noise source and adjacent sensitive receptors.
• Stationary construction equipment, such as pumps, generators, or compressors, must be placed as far from noise sensitive uses as feasible during all phases of project construction.
• Use electric air compressors and similar power tools rather than diesel equipment, where feasible.
• Construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, must be turned off when not in use for more than 30 minutes.
• Construction hours, allowable workdays, and the phone number of the job superintendent must be clearly posted at all construction entrances to allow for surrounding owners and resi dents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent must investigate, take appropriate corrective action, and report the action taken to the reporting party.

Contract specifications must b e included in the proposed project construction documents, which must be reviewed by the City prior to issuance of grading permits.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to noise described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measure NOI-1, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP and project conditions of approval.

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Facts in Support of Finding:

Construction

Construction within the Specific Plan would occur over 96 months beginning March 2024 through March 2032. Following completion of mass grading, construction of the proposed residential development would occur in clusters of 14 to 20 residential units on approximately 3 acres.

Construction activities would include the following: (1) Mass Grading/Off site Street Improvements; (2) Precise Grading; (3) Construction of Homes; (4) On -site Paving; and (5) Finishings (Paint, Landscaping, etc.). On-site construction activities typically generate noise from the operation of a variety of equipment types.

An inventory of construction equipment, including the number and types of equipment, which would be operating simultaneously within the Specific Plan a reas, was identified for each phase/component of construction, and shown in DEIR Table 5.10- 5: Anticipated Construction Equipment by Phase.

As shown in DEIR Table 5.10-6: Forecasted Noise Impacts Associated with On-site Construction Activities, average noise levels at the property boundary during construction would range between

68.0 dBA Leq- 1hour at the scattered residential area along Jefferson Street between Avenue 38 and Avenue 39 to the west during the finishing phase to 78.7 dBA Leq- 1hour at the res idential community across Madison Street to the east during closest portion of the mass grading phase.

Noise from construction would not exceed the significance criteria of 80 dBA Leq at any of the noise sensitive uses located around the project site.

City of Indio’s General Plan Policy NE -3.4 requires development to minimize the exposure of neighboring properties to excessive noise levels from construction- related activity during all phases of construction. Consistent with this policy Mitigation Measure M M NOI-1 requires the use of optimal muffler systems on all equipment which would achieve a reduction of 10 dBA or more. Additionally, Mitigation Measure MM NOI-1 would also require the following: (1) ensure all construction equipment is properly maintained such that no additional noise due to worn or improperly maintained parts is generated; and (2) ensure all construction equipment incorporates features that dampen metal surfaces and minimize metal -to metal contact such that a noise reduction of up to 5 dBA is achieved. These combined measures would reduce construction noise levels by a minimum of 15 dBA. Mitigation Measure MM NOI -1 would also result in additional reductions that have conservatively not been quantified for the purposes of this analysis.

Specifically, MM NOI -1 would also require the following: (1) implement appropriate noise reduction measures when construction operations occur adjacent to off -site occupied residential areas; (2) locate staging areas on-site to maximize the distance between staging areas and off-site occupied residential uses; (3) implement feasible noise attenuation measures around stationary construction noise sources; and (4) use electric air compressors and similar power tools when feasible. These measures would be consistent with Policy NE-3.4 to further minimize exposure of construction noise to neighboring properties. Impacts related to on- site construction noise would be less than significant.

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Off-site construction noise, has been forecasted using the FHWA TNM and is based on forecasted haul truck activity as well as the delivery of building materials, including concrete. The FHWA TNM was used to calculate the hourly Leq noise levels generated by construction- related trucks.

Noise impacts were determined by comparing t he predicted noise level with that of the existing ambient noise levels along the anticipated truck travel routes. As shown in DEIR Table 5.10-2, the existing roadway noise levels along Jefferson Street between Avenue 38 and Avenue 40 was 65.2 dBA CNEL (In tersection 4) and along Avenue 40 between Madison Street and Jefferson Street ranged from 61.6 dBA CNEL to 62.9 dBA CNEL. The noise level increases from truck trips would be below the significance threshold of 5 dBA increase above ambient. Thus, proposed project noise impacts attributable to off-site construction truck travel would be less than significant.

Operation of the project. Traffic noise levels were modeled using the FHWA TNM. The FHWA TNM calculates noise associated with a specific line source and the results characterize noise generated by motor vehicle travel along a specific roadway segment. The traffic noise impact analysis is based on the 24-hour CNEL noise descriptor and incorporates traffic volumes, vehicle mix, posted speed limits, roadway geometry, and site conditions. Future conditions take into account the roadway networks consistent with the 2020 Southern California Association of Governments (SCAG) Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS). Noise impac ts due to off -site motor vehicle travel were analyzed by comparing the projected increase in traffic noise levels from without project conditions to with project conditions to the applicable significance criteria. Future conditions include traffic volumes from future ambient growth, related projects, and Proposed project. To estimate noise level increase and impacts due to operation of the project, noise level increases were calculated from the traffic volumes provided in the Transportation Study (refer to F EIR, Appendix K). The difference in traffic noise between existing conditions and existing plus project conditions represents the increase in noise attributable to project- related traffic. As shown in DEIR Table 5.10-7, project- related traffic would not cause noise levels along the analyzed roadways to increase by more than

3.0 dBA. The maximum noise level increase along existing roadways would be 1.6 dBA along Madison Street south of Sun City Boulevard (Intersection 2). Consequently, traffic noise levels would not increase by 3 dBA or greater and noise impacts under the Near-Term (Year 2030) plus project scenario would be less than significant.

The majority of the project ’s operational -related vibration sources, such as mechanical and electrical equipment, would incorporate vibration attenuation mounts, as required by the particular equipment specifications. Therefore, operation of the project would not increase the existing vibration levels in the immediate vicinity of the project and, as such, vibration impacts associated with the project would be minimal. Therefore, the ground borne vibration analysis is limited to project-related construction activities.

The project would introduce various stationary noise sources, including HVAC systems, which would be located either on the roof, the side of a structure, or on the ground. Off -site and on-site sensitive receptors could be potentially affected by the introduction of such equipment. The use of such equipment would not generate noise levels that would substantially elevate the ambient noise environment and would not generate substantial noise at nearby noise-sensitive receptors. Impacts would be less than significant.

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Future residents located on the project site, as well as nearby sensitive receptors, may experience increases in noise due to an increase in human activity within the area either from people living on the premises, utilizing the on-site amenities including common areas, and the outdoor recreational and open space areas. Potential sources of noise include people talking, doors slamming, stereos, and other noise associated with human activity. These noise sources are not unique and generally contribute to ambient noise levels experienced in all land use areas. Overall, the noise generated by the project’s land uses would be consistent with the noise levels in the project site and impacts would be less than significant.

TRIBAL CULTURAL RESOURCES

Impacts to Significant Tribal Cultural Resources

The proposed project could have a potentially significant impact on Tribal Cultural Resources within or near the project site. In particular, based on the literature review (i.e., cultural resource records s earch, paleontological records search, and archival research), one prehistoric archaeological site (CA-RIV-8908) consisting of an artifact scatter has been previously recorded within the current project boundaries. Another 32 cultural resources had been recorded in the surrounding records-search area, which included the project site and a 1-mile radius around it. The prehistoric resources largely consisted of artifact scatters or habitation areas; 1 prehistoric site also includes elements of a rock alignment and a trail segment. At least 2 of the prehistoric sites (CA - RIV-6896 and CA-RIV-12669) contained human cremations, and 1 site (CA-RIV-5492) contains burned bone loci. The buried- site-sensitivity model (BSSM) for the project site revealed that the entire site is sensitive for buried archaeological resources.

The archaeological field survey of the project site identified 11 new sites and 30 isolated resources.

Of the 11 identified sites, SRI -15 is the only site to be recommended for listing to the CRHR.

Based on soil-series descriptions, the sensitive soils are approximately 5 feet in thickness and have potential to contain buried archaeological resources to their bases. However, it cannot be ruled out that early prehistoric sites could be present at greater depths in unknown buried soils. As for paleontological resources, based on the paleontological sensitivity study, it can be assumed that the upper 5 feet of the sediments underlying the project site should be assigned low paleontological resource sensitivity, due to past agricultural activities within the project site, and any deposits discovered at greater than 5 feet in depth below grade should be assigned high paleontological resource sensitivity.

Construction of the project would involve ground-disturbing activities such as grading and surface excavation, with the potential to unearth or adversely impact other known or previously unidentified tribal cultural resources. These are considered significant adverse impacts.

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Mitigation Measures:

To mitigate potential project specific and cumulative effects relating to Tribal Cultural Resources, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

Because implementation of the project as proposed would significantly impact the site, including the planned development of the SRI -15 area, avoidance of the SRI 15 site is not feasible.

Implementation of the data recovery plan will reduce to an insignificant level potential project effects on SRI 15.

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project s ite, provisions for evaluating and treating unanticipated cultural materials discovered during ground- disturbing activities, situations under which monitoring may be reduced or discontinued, and reporting requirements. The CRMTP shall include detailed methods to be taken during stop work situations, assessment of preservation in place or recovery of potential cultural deposits, and the process for evaluating resources for CRHR eligibility. The CRMTP shall also include a section describing the protocol in the event that unanticipated human remains are discovered during project construction.

MM CUL-3: Human Remains . If human remains are identified during construction, all construction activities near the remains must cease immediately, and the area must be secured. The Riverside County Coroner’s Office must be contacted immediately, in accordance with the California Health and Safety Code (HSC) Section 7050.5(b). If the determination is made by the coroner that the remains are those of a Native American, HS C 7050.5(c) requires that the coroner contact the Native American Heritage Commission (NAHC) by telephone within 24 hours. The NAHC will then select a Most Likely Descendant and will coordinate with that individual regarding the treatment and final disposi tion (repatriation) of the human remains, according to the provisions of PRC 5097.98 and any other legal/regulatory requirements. Any encountered human remains will be treated with the proper dignity and respect.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to Tribal Cultural Resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures CUL-1 through CUL-3, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP, and project conditions of approval.

Facts in Support of Finding:

The City initiated and completed Tribal consultation as required under SB 18 and AB 52. Three tribes, the Agua Caliente Band of Cahuilla Indians (ACBCI), Cabazon Band of Mission Indians, and Morongo Band of Mission Indians, responded that the pr oject site is within their ancestral territory:

The ACBCA Tribal Historic Preservation Office (THPO) requested the following: a copy of the records search with associated survey reports and site records from the information center; copies

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of any cultural resource documentation (report and site records) generated in connection with the project; and, the presence of an approved ACBCI Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys), with the ability to halt destructive construction activities should buried cultural deposits be encountered. In such a case, the monitor would notify a Qualified Archaeologist (per the Secretary of the Interior’s Standards and Guidelines) to investigate the material and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Office and the ACBCI. Upon request, consultation was conducted between June 1, 2022 and August 15, 2022. On August 15, 2022, ACBCI attended a meeting within the project site and it was agreed that an ACBCI monitor would be present to observe the stockpile from the CVWD flood control project, given the sensitive nature of the original location of the sediment.

Consultation with the Cabazon Band of Mission Indians occurred between May 4, 2022 and August 15, 2022. The Cabazon Band of Mission Indians asked to be informed of any discoveries and any time that activities are conducted on -site. Additionally, the Cultural Resources Coordinator asked to be present on the first day of fieldwork. The Cabazon Band of Mission Indians was notified on the potential discover of cremated human remains at the site, the agreement to place a substantial amount of material from a nearby CVWD project within the project site.

Consultation with the Morongo Band of Mission Indians THPO occurred between May 11, 2022 and August 15, 2022. The Band requested the following: a records search to be conducted at the appropriate CHRIS center with at least a 1.0 -mile search radius from the project boundary, with copies of the cultural resource documentation (reports and site records) generated through that search given to the Tribe so that these may be compared against the ACBCI records in order to begin productive consultation; Tribal participation during the pedestrian survey and testing, with a copy of the current Phase I study or other cultural assessments (including the cultural resource inventory) furnished to the Morongo Band of Mission Indians; shape files of the project site; a geotechnical report; and the currently proposed project design and mass grading maps.

Both the Morongo Band of Mission Indians and the ACBCI requested to have monitors on-site to concurrently monitor the survey and testing efforts as well as further ground disturbance. On August 4, 2022, SRI notified the Morongo Band of Mission Indians of the potential discovery of cremated human remains at a site discovered during the survey. The Morongo Band of Mission Indians was notified on the potential discover of cremated human remains at the site, the agreement to place a substantial amount of material from a nearby CVWD project within the project site.

Impacts to the identified sites and sensitive soils during project construction and operation would be potentially significant. Mi tigation Measures (MM) CUL -1 through MM CUL -3 would be implemented to reduce the significance of project impacts to less than significant. Prior to ground disturbing activities, MM CUL-1 would require consultation with Tribal entities concerning SRI- 15, so that appropriate measures are taken to adequately and respectfully mitigate any adverse effects that the development may have on the site. Should previously undiscovered archaeological resources be encountered during subsurface excavation activities, implementation of MM CUL-2 requires all activities near the discovery to cease, and a qualified archaeologist should be brought in to examine the discovery. Likewise, MM CUL-3 would ensure compliance with applicable legal requirements, including notification of NAHC and a Most Likely Descendent where appropriate,

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in the event human remains are discovered during grading activities. Finally, MM GEO-13 would require all sediment greater than 5 feet (1.5 m) below grade be monitored by a qualified paleontological monitor. With implementation of MM CUL-1 through MM CUL-3 and GEO-13, impacts will be less than significant.

Impacts to a Listed Significant Resource

According to the Native American Heritage Commission (NAHC) Sacred Lands Inventory search, the project site has not been cataloged as a Native American sacred or cultural place of special religious or social significance, and the NAHC does not have knowledge of Native American cultural resources (e.g., traditional use or gathering area, place of religious or sacred activity, etc.) at and within the immediate vicinity of the project site. Separate from the consultation with the NAHC, 18 individuals representing 12 Native American tribal groups in southern California were also contacted for local knowledge of tribal cultural resources on September 6, 2022. Three of the 12 tribes — the Agua Caliente Band of Cahuilla Indians (ACBCI), Cabazon Band of Mission Indians, and Morongo Band of Mission Indians, responded that the project aite is within their ancestral territory. Both the Morongo Band of Mission Indians and the ACBCI requested to have monitors on-site to concurrently monitor the survey and testing efforts as well as further ground disturbance. The Cabazon Band of Mission Indians did not have monitoring special ists on staff, but also requested that monitors be present during the on-site survey.

In addition, in accordance with the requirements of AB 52 and SB 1, the City notified tribal representatives of the opportunity to consult with the City regarding the potential for the project site to contain TCRs that might be affected by the project. The ACBCI requested formal consultation. After the on- site survey was conducted, the City provided the Cultural Resources Study to the ACBCI, Cabazon Band of Mission Indians, and Morongo Band of Mission Indians for review

Mitigation Measures:

MM CUL-1: SRI 15 Data Recovery. Prior to the implementation of mass grading, clearing, or grubbing, given the subsurface component of SRI 15 and the potential for human remains, consultation with Tribal entities con cerning the site should occur so that appropriate measures are taken to adequately and respectfully mitigate any adverse effects that the development may have on the site.

Because implementation of the project as proposed would significantly impact the site, including the planned development of the SRI -15 area, avoidance of the SRI 15 site is not feasible.

Therefore, an archaeological data recovery plan shall be drafted and implemented for the site in a manner consistent with established

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professional archaeological standards and in consultation with the Agua Caliente, Morongo, and Cabazon Tribes. Data recovery efforts will be led by a qualified principal archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology and monitored by tribal representatives. This archaeological data recovery plan will include the professional qualifications required of key staff and detail excavation methods as well as methods used to ana lyze recovered artifacts and samples.

Implementation of the data recovery plan will reduce to an insignificant level potential project effects on SRI 15.

MM CUL-2: Archaeological Monitoring. Prior to the start of project ground disturbance, including de molition and vegetation removal, a qualified principal archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology, shall be retained to prepare and implement a written Cultural Resource Monitoring and Treatment Plan (CRMTP) that is
consistent with established professional archaeological standards and subject to the approval of the City. Implementation of the CRMTP will reduce to an insignificant level potential project effects on known archaeological resources as well as on unanticipated archaeological resources that may be unearthed during construction, which would include potential prehistoric and historical -period discoveries. The CRMTP shall detail the pertinent historic context and anticipated research themes within which cultural resources in the project site can be treated and evaluated. The plan shall include the professional qualifications required of key staff, monitoring protocols relative to the varying archaeological sensitivity across the project site, provisions for evaluating and treating unanticipated cultural materials discovered during ground- disturbing activities, situations under which monitoring may be reduced or discontinued, and reporting requirements. The CRMTP shall include detailed methods to be taken during stop work situations, assessment of preservation in place or recovery of potential cultural deposits, and the process for evaluating resource s for CRHR eligibility. The CRMTP shall also include a section describing the protocol in the event that unanticipated human remains are discovered during project construction.

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that the coroner contact the Native American Heritage Commission (NAHC) by telephone within 24 hours. The NAHC will then select a Most Likely Descendant and will coordinate with that individual regarding the treatment and final disposition (repatriation) of the human remains, according to the provisions of PRC 5097.98 and any other legal/regulatory requirements. Any encountered human remains will be treated with the proper dignity and respect.

Finding:

Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the State CEQA Guidelines, the City Council finds that, for each of the significant effects relating to Tribal Cultural Resources described above and further discussed in the Final EIR, changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such significant environmental effects as identified in the Final EIR, and further finds that all such effects will be mitigated to less than significant levels through implementation of mitigation measures CUL--1 through CUL-3, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP, and project conditions of approval.

Facts in Support of Finding:

Because project grading and excavation could extend 20 feet below ground surface, the project has the potential to encounter native soils and impact objects and features associated with the prehistoric occupation of local tribes, and impacts are potentially significant, unless mitigated. The proposed project would require MM CUL-1 through MM CUL-3, which requires consultation with Tribal entities concerning the site prior to mass grading; an archaeological and paleontological monitor to observe all ground disturbing activities when either an archaeological resource is present or when excavation goes below 5 feet; and in accordance with the California Health and Safety Code (HSC; Section 7050.5[b]), the Riverside County Coroner’s Office must be contacted if human remains are identified, and the NAHC will be notified if the remains are identified as Native American. Implementation of Mitigation Measures CUL1 through C UL-3 would reduce potentially significant impacts to tribal cultural resources determined by criteria provided PRC 5024.1(c) to less than significant.

IV. FINDINGS REGARDING IMPACTS DETERMINED TO BE LESS THAN

SIGNIFICANT

The Final EIR also determined, based upon substantial evidence in the record, the following impacts associated with the project are less than significant and no mitigation is required. The City hereby adopts the findings, analysis, and conclusions regarding these potential impacts set forth in the Final EIR, and incorporates the same herein by this reference.

AGRICULTURE AND FORESTRY
Convert Farmland

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The proposed Desert Retreat Specific Plan would implement the City’s General Plan by regulating development of the project site with residential uses as allowed by the current Suburban Neighborhood land use designation for the site. The project site is not designated for agricultural use in the Indio General Plan. The General Plan EIR identifies the project site as fallow land.

The land surrounding the project site on the north, southeast, and west is primarily designated as Urban and Built-Up Land on the 2018 IFL Map with small areas designated as Farmland of Local Importance to the south and Other Land to the south and west. T he Imperial Irrigation District (IID), which would service the project ’s electricity needs, indicated that an additional substation would be necessary to adequately serve the project site. The first site is located east of Burr Street within the project site and is currently under review with IID. The alternative site is located on the northwest corner of Burr Street and Avenue 40. The alternative site, outside of the project site, is designated as Farmland of Local Importance. However, like the project site, this alternate substation site has not been actively used for agriculture for over 4 years and is designated for urban uses by the Indio General Plan. Accordingly, if this alternative substation site is used in connection with the project, this impact would remain less than significant.

Finding:

The City Council finds that the project would not have a significant impact on agricultural resources by converting farmland or forest land on the project site, the proposed sites for the additional IDD substation or to the land surrounding the project site. No mitigation measures are necessary.

Facts in Support of Finding:

The City of Indio General Plan Update EIR, completed in June 2019 recognizes that the 2018 IFL map is based on data collected from the previous two years (2016 and 2017). As there have been no active irrigated farming on the site since 2018, which is over four years ago, the site no longer meets the criteria for identification as Prime Farmland, and in addition, the project site, as well as the alternative substation site, is designated for development of residential uses by the City’s General Plan.

The City Council reviewed and considered the Draft EIR comments relating to the conversion of agricultural land, including Comments 1-1, 1-2. The City Council finds that these comments lack merit and fail to provide any substantial evidence of any new or more severe significant adverse effects relating to conversion of agricultural land, beyond what is described above and in the Draft EIR, or of any inaccuracies in the Draft EIR or technical studies. Rather, the City Council finds Final EIR Responses 1-1, 1-2 persuasive, and hereby adopts those responses and incorporates them into the City Council’s findings, analysis and conclusions regarding the conversion of conversion of agricultural land.

Development of the project site with residential uses would not result in other changes to the existing environment that would result in the conversion of any nearby active farmland to non- agricultural use or conversion of forestland to non- forest use as no land near the project site is

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designated by the City’s General Plan for agricultural use and no forestland is present in the City.

Therefore, this impact is less than significant.

AIR QUALITY
Create objectionable odors

The project does not include any of the land uses generally associated with odor complaints or resulting in other emissions leading to objectionable odors. Potential odor sources associated with the proposed project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction activities and the temporary storage of typical solid waste (refuse) associated with the proposed project’s (long-term operational) uses.

Finding:

The City Council finds that the project will not create significant levels of objectionable odors and further finds that the project’s odor related impacts will be less than significant. No mitigation measures are necessary.

Facts in Support of Finding:

Construction odor emissions would not violate any City standards and would be temporary, short- term, and intermittent in nature and would cease upon completion of the respective phase of construction, and are thus considered less than significant. Operation of the project includes residential uses and would not contain any active manufacturing activities. The use of trash receptacles would be sufficient to prevent nuisance odors and any unforeseen odors will be required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances.

Therefore, odors associated with the proposed project construction and operations would be less than significant.

BIOLOGICAL RESOURCES

Movement of wildlife

Implementation of the proposed project will not disrupt or have any adverse effects on a ny migratory corridors or wildlife linkages in the surrounding area. In addition, the project site does not contain habitat suitable for wildlife nursery sites and as such, wildlife nursery sites would not be impacted by the project.

Finding:

The City Council finds that the project will not interfere with the movement of any native resident or migratory fish or wildlife species or with established wildlife corridors or impede the use of native wildlife nursery sites and accordingly, impacts will be less than significant. No mitigation measures are necessary.

Facts in Support of Finding:

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According to the CVMSHCP, the project site does not occur within any identified wildlife migratory corridors or linkages. The eastern boundary of the project site is located approximately 900 feet from the East Indio Hills Conservation Area and the entire project site is buffered by existing development on all sides. Since project activities will not extend beyond the site boundaries and the project site does not share a common boundary with any parcel in a Conservation Area (i.e., existing paved streets an d residential development), implementation of the proposed project is not expected to have any direct or indirect impacts to the East Indio Hills Conservation Area and would not conflict with or violate any of the Land Use Adjacency Guidelines set forth in the CVMSHCP.

ENERGY
Consumption of Energy Resources

During construction, energy would be consumed in the form of electricity associated with the conveyance of water used for dust control, and on a limited basis, powering lights, electronic equipment, or other construction activities necessitating electrical power. Construction activities, including the construction of new buildings and facilities, typically do not involve the consumption of natural gas. Construction would also consume energy in the form of petroleum -based fuels associated with the use of off -road construction vehicles and equipment within the project site, construction worker travel, haul trips, and delivery trips. The project would increase demand for energy in the project area, including electricity, natural gas, and petroleum, and is located within the service areas of Imperial Irrigation District (IID) and SoCal Gas Company.

During operation of the project, energy would be consumed for multiple purposes associated with the proposed uses, including, but not limited to, heating/ventilating/air conditioning (HVAC); refrigeration; lighting; and the use of electronics, equipment, and machinery, as well as charging electric vehicles and golf carts. Energy would also be consumed during operation of the project in the form of water usage, solid waste disposal, and vehicle trips, among others.

Consistency with a State or Local Plan for Renewable Energy or Energy Efficiency

The project would comply with C ALGreen building standards by incorporating eco- friendly building materials, systems, and features wherever feasible, including Energy Star appliances, water saving/low flow fixtures, non- VOC paints/adhesives, drought tolerant planting, and high- performance building envelopment.

Finding:

The City Council finds that compliance with existing s tate, regional, and City regulations, plans, and programs, would ensure that the project is consistent with all applicable state and local plans for energy efficiency and that consumption of energy resources would not be wasteful, inefficient, or unnecessary, and therefore, project impacts related to energy resources will be less than significant. No mitigation measures are necessary.

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Facts in Support of Finding:

There are no unusual project characteristics or construction processes that would require the use of equipment that would be more energy intensive than is used for comparable construction activities, or that would violate current emissions standards ; and therefore, construction -related impacts would be less than significant. The project would not include wasteful, inefficient, or unnecessary consumption of these energy resources. Furthermore, the project includes energy efficiency measures that will reduce the consumpti on of electricity, including energy efficient windows, roof systems, electrical lighting systems, and HVAC systems, and will be compliant with Title 24 energy efficiency requirements. Lastly, the project would comply with measures designed to reduce GHG emissions which would also serve to reduce energy consumption.

GEOLOGY AND SOILS

Expose People or Structures to Effects Involving:

Rupture of a Known Fault : The State of California, under the guidelines of the Alquist - Priolo Earthquake Fault Zoning Act, classifies faults as active, potentially active, and not active.

The project site is located in a region that consists of numerous active fault zones, such as the Indio Hills Fault, Berdoo Canyon fault zone, Mecca Hills fault zone, and the San Andreas Fault.

Landslides: There are no natural or manmade hillsides within the project site. The project site is relatively flat with gentle northeast to southwest sloping; thus slope instability is not considered to be an issue.

Finding:

The City Council finds that the project will not directly or indirectly cause adverse effects involving rupture of a known earthquake fault or landslides. No mitigation measures are necessary.

Facts in Support of Finding:

The project site is not located within a currently designated AlquistPriolo Earthquake Fault Zone or County of Riverside Fault Zone and no active fault traces or fissures are known to exist within the project vicinity or were observed during the on-site field investigation; and, the relatively flat topography of the project site and surrounding off -site areas precludes landslide -related stability problems. As such, the site is not considered susceptible to seismically induced landslides. Lastly, the project would not result in any post-grading conditions that would have a potential for seismic slope instability and land sliding; therefore, impacts would be less than significant.

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GREENHOUSE GAS EMISSIONS

GHG Emissions that may Significantly Impact the Environment

The project’s construction and operations will generate some additional greenhouse gas ( GHG) emissions, and to the extent those emissions conflict with the applicable CARB Climate Change Scoping Plan or the City’s GHG Reduction Plan, the project would have a significant adverse effect.

Consistency with Applicable Plan, Policy or Regulation

The City has not adopted a numerical significance threshold for assessing impacts related to GHG emissions and has not formally adopted a local plan for reducing GHG emissions. Nor have SCAQMD, OPR, CARB, CAPCOA, or any other state or regional agency adopted a numerical significance threshold for assessing GHG emissions that is applicable to the project. Since there is no applicable adopted or accepted numerical threshold of significance for GHG emissions, the methodology for evaluating the project ’s impacts related to GHG emissions focuses on its consistency with statewide, regional, and local plans adopted for the purpose of reducing and/or mitigation GHG emissions (CEQA Guidelines section 15183.5). The City has adopted such a plan when it adopted its Climate Action Plan (CAP) on September 18, 2019 as a roadmap for achieving community-wide GHG emissions reductions. Accordingly, the project’s GHG emissions are assessed by evaluating the project’s consistency with the City’s CAP. The project would not conflict with CARB’s Climate Change Scoping Plan, SCAG’s 2020—2045 RTP/SCS, or the City’s CAP.

Finding:

The City Council finds that the project adheres to regulatory compliance measures that reduce its GHG emission profile and is consistent with the applicable CARB Climate Change Scoping Plan as described in detail on pages 5.7- 30 through 5.7 -33 of the Draft EIR and the City’s CAP as described in detail on pages 5.7- 37 through 5.7-40, which analysis and conclusions are incorporated by this reference, and based thereon, finds that the project will not have any significant impacts relating to its GHG emissions or incons istencies with applicable GHG plans, policies or regulations.

Facts in Support of Finding:

The facts in support of this finding are shown in Table 5.7-3 the total emissions from construction of the project and Table 5.7-4 the total operational emissions. The project would not conflict with applicable plans and as such, the project would have a less than significant direct or indirect impact related to its GHG emissions. The facts in support of this finding are set forth in Table 5.7-5 of the Draft EIR (Scoping Plan Consistency Summary), which demonstrate that the project does not conflict with any of the plan components and supports seven of the Plan’s action categories.

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HYDROLOGY AND WATER QUALITY

Compliance with Water Quality Standards or Waste Discharge Requirements

The project is consistent with the General Plan and as required by the City’s General Plan Update EIR, the project would be required to comply with GPU policies, applicable federal and state laws and regulations concerning the protection of water quality, including the federal Clean Water Act, and the Municipal Code. The NPDES General Construction permit requires preparation and implementation of a SWPPP and WQMP, which must include erosion and sediment control BMPs that would meet or exceed measures required by the NPDES General Permit, as well as BMPs that control hydrocarbons, trash and debris, and other potential construction-related pollutants. Chapter 55 of the Municipal Code also provides regulations for stormwater management and discharge control, including proof of compliance with the NPDES permits prior to the issuance of grading, development, or occupancy permits.

Effect on Groundwater Supplies or Interference with Groundwater Recharge

Development of the project site would introduce impervious surfaces including concrete sidewalks, buildings, roadways, etc. Therefore, water would not percolate at the same rate as it has in its vacant state. Percolation of water into the groundwater aquifer would occur during project operation when stormwater collects in the various proposed on-site retention facilities.

Alter existing Drainage that would impact:

Erosion. During project construction, soil would be exposed and disturbed, drainage patterns would be temporarily altered during grading and other construction activities, and there would be an increased potential for soil erosion and siltation compared to existing conditions.

Additionally, during a storm event, soil erosion and siltation could occur at an accelerated rate.

The development of the project would require the construction of on- site stormwater facilities designed in accordance with the Municipal Separate Storm Sewer System (MS4) within the Whitewater River Watershed (Order No. R7-2013- 0011 and NPDES No. CAS617002). project improvement Plans would include the review and approval of a Final Water Quality Management Plan (WQMP). The source control, site design, and treatment control BMPs required for the project would ensure that the proximate receiving waters (Whitewater River and Coachella Valley Stormwater Channel), are not adversely impacted by project-related erosion.

I
ncrease surface runoff . project construction will comply with the requirements of the Construction General Permit and would include the preparation and implementation of a SWPPP.

The SWPPP will include construction BMPs to control and direct on-site surface runoff as well as include detention facilities, if required, to ensure that stormwater runoff from the construction site does not exceed the capacity of the stormwater drainage systems. The project would increase impervious surface areas, which would increase stormwater runoff compared to existing conditions. Operation of the project would generally conform to existing on-site drainage patterns.

The proposed drainage system would include a stormwater collection and conveyance system designed to collect and pre -treat stormwater in accor dance with applicable LID standards in an underground storage/infiltration facility.

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Exceed capacity of stormwater drainage system . The project site, in its current condition, is undeveloped and covered in sandy soils that are pervious and allow stormwater to percolate on site. The vegetative cover on the project site slows the rate of water that may sheet flow during a rain event. Development in the City, according to the City’s General Plan, will increase runoff by creating large areas of impervious surfaces. This increase of runoff can contribute to increased runoff downstream. The development of residential and open space land uses would increase the amount of surface runoff due to the increased impervious area; however, retention fac ilities throughout the project site are designed to have sufficient storage to retain the flood volume from a 100-year storm event, thus meeting the hydrologic requirement established by the City.

Impact flood flows . The regional topography of the City naturally drains from the northwest to the southeast, eventually draining to the Salton Sea. The project site similarly drains from the northern to the southern side of the site. The project site is currently vacant with scattered vegetation. The northern, eastern, southern, and western project site boundaries are Avenue 38, Madison Street, Avenue 40, and Jefferson Street respectively. These roadways are paved with curb and gutter improvements. The project site is surrounded by existing development and fully improved roadways that intercept and control most offsite storm flows except for volumes that enter the existing on-site basins that accept flows from adjacent roadways. Upon implementation of the project , the project site would continue to accept these flows, but these basins and inlets would be functionally replaced by the proposed drainage system.

The FEMA FIRMs serve as the basis for identifying potential hazards and determining the need for and availability of federal flood insurance. The proposed project site is covered by FIRM Panel Numbers 06065C1620G, which shows the southwest portion of the project site located in Zone X – “0.2 pct Annual Chance Flood Hazard,” while the northeast portion of the site is located in Zone A – “Without Base Flood Elevation.” 29 As a requirement of IMC Title V, Chapter 55 (Stormwater Management and Discharge Control), undeveloped properties of one gross acre or more in size and which are located north of the Whitewater River Channel (including the project site), must provide sufficient on -site stormwater retention upon development for the volume of runoff resulting from a 100- year storm with a time duration which generates the maximum stormwater volume. These measures are consistent with the NPDES regulations. Stormwater runoff and volume calculation, retention location, and method of storage shall be performed to the satisfaction of the City Engineer. Retention facilities throughout the project site would ensure that the site would collect, convey, and retain the on-site stormwater. Drainage flow on the project site would generally maintain its natural drainage course from the northern site boundary to the southern site boundary, and into the proposed on-site retention area.

Consistency with Water Quality Control Plan or Sustainable Groundwater Management Plan

Adherence to the s tate Construction General Permit (CG P), implementation of the SWPPP, and adherence to the City’s Floodplain Management requirements, would ensure that surface and groundwater quality are not adversely impacted during construction. In addition, implementation of the BMP measures at the site, including catch basins and retention basins, would ensure that water quality is not impacted during the operational phase of the project . As a result, site

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development would not obstruct or conflict with the implementation of the Colorado Basin Water Quality Control Plan.

Finding:

The City Council finds that the project will not have any significant adverse effects relating to hydrology and water quality, including causing any violations of water quality standards or discharge requirements, causing any flooding or water quality impacts resulting from alterations to the existing drainage patterns in the area, creating any risk of release of pollutants, or conflicting with any water control plan. In addition, the City Council finds that the project will not have any significant adverse effects on existing or future groundwater supplies, nor will it interfere with CVWD’s ongoing groundwater recharge efforts.

Facts in Support of Finding:

Compliance with Water Quality Standards or Waste Discharge Requirements

The proposed drainage plan for the project would convey surface water flows from the northern portion of the site to the southern portion. Because the site is relatively level, the grading design for the majority of the site includes only minor changes from existing conditions with the exception of an elevated clubhouse and surrounding areas near the center of the project. Soil from construction of the nearby CVWD North Indio Regional Flood Control project deposited in a stockpile in the center of the site has been incorporated into the conceptual plan to elevate the clubhouse and adjacent areas. The 100- year storm water runoff volume in the new developed condition created by impervious surfaces (roofs, pavement) would be retained on site. The surface drainage would generally flow southeast across the project site via project roadways and managed using retention facilities within open space paseos. Catch basins would intercept and convey storm flows through storm drain piping to retention basins. Retention facilities would also be utilized throughout the project site in order to collect on- site runoff. The project design would prevent violations to water quality standards and waste discharge requirements by implementing adequate stormwater management facilities at each stage of development and operation, which are designed to contain project -related runoff and prevent discharges into any receiving waters. The project would also be required to obtain the appropriate permit approvals that ensure compliance with NPDES, MS4, and City retention ordinance regulations applicable during construction and operation.

Prior to the start of construction, a SWPPP designed to reduce potential adverse impacts to surface water quality during the period of construction would be developed for implementation as required by the State’s most current Construction General Permit (C GP), Order No. 2009-0009-DWQ, as amended by 2010- 0014- DWQ and 2012-0006- DWQ. The SWPPP will identify the limits of disturbance during each phase of construction with specific locations where activities would require implementation of stormwater BMPs. Stor mwater BMPs will include a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent, eliminate, or reduce the pollution of waters of the receiving waters. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff spillage or leaks. Consistent with the CGP, SWPPP implementation will include good site management

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(housekeeping), non- stormwater management, erosion control, sediment controls, run- on and runoff controls, along with inspection, maintenance, and repair measures. Other relevant requirements of the SWPPP include proper waste management, proper material handling, and storage within the allowable construction limits. As construction progresses, any on-site proposed storm drain inlets that become operational would require temporary protection to prevent sediment or pollutants from entering the on-site storm drain system.

During construction, the project would also be required to comply with the South Coast Air Quality Management District’s (SCAQMD) Rule 403 and 403.1, which requires the project Applicant to prepare and implement a Fugitive Dust (PM10) Control Plan. Implementation of the Fugitive Dust Control Plan primarily pertains to air quality, but also supports water quality protection through the requirement of soil stabilization measures to prevent sediment erosion and track- out. The concurrent implementation of the required SWPPP and Dust Control Plan would prevent potential adverse construction-related impacts to water quality at the project site and its surroundings.

The project will follow s tate, regional, and local regulations regarding on- site stormwater retention, so that surface waters and the groundwater aquifer are not contaminated with project - related pollutants. With the enforcement of the above regulations, existing flood controls (East Side Dike and North Indio Regional Flood Control project ), and grading and drainage plans for the project s ite, the project would not violate any water quality standards or waste discharge requirements or degrade surface or groundwater quality during project construction or during the life of the project.

Effect on Groundwater Supplies or Interference with Groundwater Recharge

A Water Supply Assessment (WSA) was prepared for the project to determine if the water demand during operation would be accommodated without causing substantial decreases in groundwater supplies. The total projected water demand for the project is 1,096.59 AFY consisting of 463.28 AFY of outdoor recycled water and 633.31 AFY of potable water, or 2.9 acre -feet per acre. The available supply and water demand for CVWD’s service area was analyzed in the water supply conditions of the 2020 Regional UWMP to assess the region’s ability to satisfy current and future urban water demands, including those of the project, under three scenarios: a normal water year, a single dry year, and multiple dry years. According to the 2020 Regional UWMP, the urban water demands in the CVWD service area (retail supply totals) are estimated to grow from 137,061 AFY in 2025 to 164,966 AFY in 2045. Therefore, the estimated project demands of 1,220.53 AFY represent approximately 0.89 percent of the total water supply number (137,061 AFY) for 2025 and would represent 0.74 percent of the total water supply number (164,966 AFY) for 2045.

Although the CVWD has a sufficient amount of water to serve the project , the City and CVWD require implementation of water conserving and water efficient technologies, especially for new development. The City’s General Plan includes water conservation goals and policies in order to ensure that there is a sufficient supply of water to meet current and future needs. Specifically, the project would be consistent with Policy CE-2.3 and Policy CE-2.5 through the implementation of water conservation measures such as low flow toilets and low gallon per minute (GPM) plumbing fixtures, tankless water features, and timed irrigation systems and rain sensors. The project would also utilize “xeriscape” planting principles and establish a palette of drought-tolerant trees, shrubs

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and plants that require little or no irrigation, consistent with Policy CE-2.4. Turf within the project site would also be restricted to active outdoor recreation areas only. In addition to these water conservation measures, the project will construct a private recycled water system to irrigate common area landscaping, including street parkways and open space areas to reduce the project’s reliance on the CVWD Domestic Water System.

Additionally, Indio Municipal Code (IMC) Section 51A.10 includes the adopted CVWD’s Model Water Efficient Landscape Ordinance (MWELO), which establishes landscape and irrigation system design criteria to ensure sustainable landscape design. This requires that new landscape plans be designed to incorporate more native and locally compatible drought tolerant planting materials and efficient irrigation systems. CVWD’s long -term water managemen t planning ensures that adequate water supplies are available to meet existing and future water needs within its service area. Furthermore, the project would be consistent with State and local requirements for water conservation. In addition, the project is consistent with the City’s General Plan and as the project will comply with applicable state and local regulations that concern groundwater recharge, including Chapter 55 of the Municipal Code, GPU policies and regulations. The project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge.

Impacts would be less than significant.

Alter existing Drainage that would impact:

Erosion. project construction will comply with the requirements of the Construction General Permit and would include the preparation and implementation of a SWPPP. The SWPPP will include construction BMPs to control and direct on- site surface runoff as well as include detention facilities, if required, to ensure that stormwater runoff from the construction site does not exceed the capacity of the stormwater drainage systems. With implementation of construction BMPs such as containing nonstorm water runoff at the project site, and proper concrete washout facilities to minimize the discharge of pollutants in stormwater runoff, construction impacts related to a substantial increase in the rate or amount of surface runoff, flow, and volume that would result in flooding would be less than significant, and no mitigation is required.

The project would increase impervious surface areas, which would increase stormwater runoff compared to existing conditions. Operation of the project would generally conform to existing on- site drainage patterns. The proposed drainage system would include a stormwater collection and conveyance system designed to collect and pre-treat stormwater in accordance with applicable LID standards in an underground storage/infiltration facility. With the implementation of the BMPs and detention features, the project would not substantially increase the rate or amount of surface runoff in a manner that would result in on- or off-site flooding. Also, the site design features and on-site detention facilities would ensure that stormwater runoff does not exceed the capacity of the City’s storm drain system. As the runoff from the project site would be collected by existing drainage facilities in volumes and velocities that do not exceed pre -project cond itions, the proposed project would not result in or contribute to flooding. For these reasons, impacts related to increase in runoff resulting in flooding would be less than significant.

Increase surface runoff . With implementation of construction BMPs such as containing nonstorm water runoff at the project site, and proper concrete washout facilities to minimize the

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discharge of pollutants in stormwater runoff, construction impacts related to a substantial increase in the rate or amount of surface runoff, flow, and volume that would result in flooding would be less than significant, and no mitigation is required. During operation, with the implementation of the BMPs and detention features, the project would not substantially increase the rate or amount of surface runoff in a manner that would result in on- or off-site flooding. Also, the site design features and on-site detention facilities would ensure that stormwater runoff does not exceed the capacity of the City’s storm drain system. As the runoff from the project site would be collected by existing drainage facilities in volumes and velocities that do not exceed pre-project conditions, the proposed project would not result in or contribute to flooding. For these reasons, impacts related to increase in runoff resulting in flooding would be less than significant.

Exceed capacity of stormwater drainage system. According to the Preliminary Hydrologic Summary for the project, approximately 52.84-acre feet of storage would be required in the form of retention basins as well as the proposed manmade lakes throughout the project site. This form of BMP would contain the runoff from the project site to the retention basins which would be filtered and treated before discharging into the drainage facilities within the vicinity of the project site. The estimated design capture volumes for water quality purposes are shown in DEIR Table

5.8-1: project Stormwater Storage Volumes.

The proposed development reduces its potential to impact surface water quality by adhering to the established water quality and stormwater regulations under the regulatory framework of the NPDES under the CWA during construction and throughout the life of the project . This is accomplished through implementation of the SWPPP during construction of the project , and the project Specific WQMP during the life of the project . Through this required compliance, the project would prevent adverse impacts to the local receiving waters and avoid project violations to the established water quality standards and waste discharge requirements. With the proposed improvements, the project will not create or contribute to stormwater runoff volumes which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Impacts would be less than significant.

Impact flood flows . Since the project site is currently surrounded by developed land, including off -site stormwater improvements, the project is not anticipated to result in the redirection of flood flows. The project is consistent with the General Plan, and as required by the General Plan Update EIR, the project will comply with applicable laws and regulations that concern stormwater runoff and the protection of drainage patterns, including the Municipal Code.

Chapter 153 and Chapter 155, GPU policies and regulations. All required on- site stormwater runoff would be collected within the project boundaries in compliance with the IMC. Impacts would be less than significant.

Consistency with Water Quality Control Plan or Sustainable Groundwater Management Plan

Water service for the project will be provided by the CVWD and there would be one on -site well for backup use of groundwater. CVWD has implemented a number of programs to maximize the use of local water supplies and reduce demands including significant recycled water and water conservation programs. Therefore, the project would not obstruct or conflict with the 2020

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Regional UWMP, applicable water quality control plans, or applicable sustainable groundwater management plans, as confirmed in the project WSA approved by CVWD. Therefore, impacts would be less than significant.

LAND USE

Consistency with Any Land Use Plan, Policy or Regulation

The City of Indio General Plan includes multiple levels of policies related to the desired vision, land uses, and strategies for different areas in the City , in addition to the parcel-by-parcel zoning established in the City’s Zoning Ordinance. These levels of policies address Areas of Change, which describe the degree of change expected in given areas over the plan’s horizon, Place Types and Sub-Types, which broadly describe the type and intensity of desired land uses in given areas, and City Subareas, which provide additional details regarding the location, character, and key issues for each area of the City, along with strategies specific to each. Goals, strategies, and policies established in the General Plan Land Use Element are intended to be applied in combination with subarea specific strategies established for each neighborhood. Since the uses permitted by the proposed Specific Plan are allowed by the current Suburban Neighborhood- High land use designation for the project site, no General Plan amendment is proposed as part of the project.

The project site is located in an Area of Change identified “Enhance, Moderate Change” which describes areas of the City where change is desired and expected to happen gradually over the entire horizon of the General Plan and beyond, with moderate development resulting in the area looking very different than it does at present. The site is surrounded by areas designated “Enhance, Moderate Change” to the west and by areas designated “Preserve, Minor Change” to the north, east, and south, where limited improvements are desired such that the general character of the area remains the same over the planning horizon.

Finding:

The City Council hereby adopts and incorporates herein the findings, analysis and conclusions set forth in the Draft EIR, and further specifically finds that the project is consistent with the General Plan as to each and every of these chapters and applicable regional plans. The City Council also finds that the Dessert Retreat Specific Plan will serve as the regulatory document providing the zoning requirements and restrictions for the project, and therefore, the project will be fully consistent with the applicable zoning. The City Council also specifically finds that the project is consistent with the character of the surrounding residential communities. Impacts to land use will be less than significant.

Facts in Support of Finding:

The City’s General Plan states that the Zoning Code, Specific Plans, and other planning proposals and plans are tools used for the systematic implementation of the General Plan. As a proposed Specific Plan, the Desert Retreat Specific Plan would, upon its adoption, serve as the City’s official zoning for the project site, carrying responsibility for the implementation of the General Plan. As such, these documents, including the Desert Retreat Specific Plan, must be consistent with the

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goals, policies, and standards laid out in each element of the General Plan. A detailed analysis of the project ’s consistency with the policies of the various elements of the City’s General Plan related to topics of environmental concern is provided in DEIR Table 5.9-3: City of Indio General Plan Analysis. The analysis contained in Table 5.9-3 concludes that the project would be consistent with the City’s General Plan, and that analysis is hereby incorporated into these findings.

The 2020 SCAG RTP/SCS is an advisory document to local agencies in the southern California region for their information and voluntary use while preparing local plans and handling local issues of regional significance. Table DEIR 5.9-4: SCAG 2020 RTP/SCS Analysis, provides an assessment of the project ’s relationship to regional goals pertaining to issues of environmental concern contained in various chapters of the RTP/SCS. The analysis contained in DEIR Table 5.9- 4 concludes that the project would be consistent with the RTP/SCS goals, and that analysis is hereby incorporated into these findings.

NOISE

Generation of Ground Borne Vibration

The Final EIR analyzed the potential impacts of vibration created by the proposed project.

Potential ground-borne vibration is associated with construction activities and passenger -vehicle circulation and on-site truck activity as the primary sources of vibration associated with operation.

Findings:

The City Council finds that the project’s impacts relating to the generation of ground borne vibration will be less than significant.

Facts in Support of Finding:

To evaluate potential construction- related vibration, ground vibration levels associated with various types of construction equipment were analyzed, on-site and off-site, and as determined in the Noise Study and shown in DEIR Table 5.10-8 On-site Construction Vibration Impacts - Building Damage, the forecasted vibration levels due to on- site construction activities would not exceed the building damage significance threshold for all sites surrounding the project area during construction. Therefore, on-site construction vibration with regard to building damage would be less than significant. As shown in DEIR Table 5.10-9 On-site Construction Vibration Impacts - Human Annoyance, the forecasted vibration levels due to on-site construction activities would not exceed the human annoyance significance thresholds for all sites surrounding the project .

Therefore, onsite construction vibration with regard to human annoyance would be less than significant.

In addition to on- site construction activities, construction delivery/haul trucks would generate groundborne vibration as they travel along the project s anticipated off -site truck travel routes.

Based on the FTA data, the vibration generated by a typical heavy-duty truck would be well below the most stringent building damage criteria. Therefore, vibration impacts with respect to building damage from off-site construction truck travel on public roadways would be less than significant.

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Although vibration sensitive uses (e.g., residential uses) are located along Avenue 38 to the north, Madison Street to the east, Avenue 40 to the south, and Jefferson Street to the west, ground-borne vibration levels generated by off -site construction truck travel would be below the significance threshold, as these uses are located more than 75 feet from the truck travel pathway. Thus, vibration impacts with respect to human annoyance from off -site construction truck travel would be less than significant for the vibration sensitive land uses located along these roadways.

The primary sources of vibration associated with operation would include passenger-vehicle circulation within the project area and on -site truck activity. Ground- borne vibration typically attenuates rapidly as a function of distance from the vibration source. Furthermore, the majority of the project ’s operation -related vibration sources, such as mechanical equipment, would incorporate vibration attenuation mounts as required by the particular equipment specifications.

Operation would not substantially increase existing vibration levels in the immediate vicinity of the project site. Therefore, vibration impacts associated with operation would be les s than significant.

PUBLIC SERVICES

The Final EIR analyzes the project’s potential effects relating to the provision of public services, including fire protection and emergency medical services (Draft EIR, at pp. 5.12.1- 1 to 5.12-1.7) police protection (Draft EIR, at pp. 5.12.2- 1 to 5.12-2.5), and library services (Draft EIR, at pp.

5.12.3-1 to 5.12-3.3). Impacts to schools was determined to not be significant and is discussed in Section 8.1: Effects Not Found to be Significant in the Draft EIR and below. The project will add residents and visitors to the project site, which will cause incremental increases in the demand for public facilities.

Findings:

The City Council finds that the project’s impacts on public services, including fire protection and emergency medical services, police protection, and library services will be less than significant.

Facts in Support of Findings:

Fire Protection and Emergency Services : According to the City’s General Plan, response times are based on the standards within the National Fire Protection Association (NFPA) 1710 and the Riverside County Fire Department (RCFD), which gives a maximum four (4) minute drive time for all fire and medical emergency incidents. There are five Riverside County Fire Department (RCFD) stations within 4 miles of the project site (Draft EIR, Figure 5.12-1). The two closest stations to the project site that would provide primary response are RCFD Stations No. 80 and No. 81. Station No. 80 is approximately 0.05 miles southeast of the project site and Station No. 81 is approximately 2.1 miles west of the project site. Station No. 80 would be the primary station to serve the project site as it is the closest and would provide the quickest response times.

In the event that Station No. 80 is responding to another fire and/or emergency call, Station No. 81 would respond to calls from the project site. Both fire stations would be well within the City’s response time objective of four minutes or less for the project site perimeter.

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Construction-related traffic on adjacent streets would be temporary but could potentially increasing response times for em ergency vehicles traveling to the project site and nearby uses along surrounding streets. As discussed in Section 5.14: Transportation and Traffic of the Final EIR, the preparation of construction traffic management plans would ensure the project would not interfere with RCFD’s accessibility to the surrounding roadways or their use. Emergency access to the project site would remain clear and unhindered during construction of the project pursuant to requirements established by the City’s Public Works and Engineering Department and/or the RCFD. Thus, emergency access impacts from construction activities associated with the project would be less than significant with mitigation.

After development and as the City and region grows and continues to develop, there would be an increase in demand for services provided by the RCFD. All development projects within the City are required to comply with the most current adopted fire, building codes, and nationally recognized fire and life safety standards. The project would be required to comply with the City Fire Code, which includes the 2019 CBC and the California Fire Code (Title 24, Part 9 of the California Code of Regulations), with amendments. While the increased development and the introduction of new uses and residents such as those associated with the project would result in additional demand for services provided by the RCFD, compliance with existing regulatory requirements during implementation of the project would ensure that the City’s infrastructure, including access, traffic circulation, water, and hydrant systems are adequate for both current RCFD needs as well as the needs of the project. Thus, the project would be required to install fire hydrants and provide adequate emergency access, including ingress and egress points, for emergency services in accordance with the City Fire Code. Further, in order to ensure that the project would not degrade existing facilities and response times provided by the RCFD to serve the needs of the project , payment of applicable fees would be required as identified in the City’s Municipal Code. The City’s Development Impact Fees (DIFs) are based on capital costs for facilities and other capital assets needed to mitigate the impacts of additional development. In terms of fire facilities, DIFs take into account fire protection facilities, apparatus and vehicles by allocating costs for both existing and future fire department facilities to both existing and future development, so that the impact fees reflect new development’s propor tionate share of the total capital costs. Lastly, the project would be annexed into Community Facilities District (CFD) 2004- 1, which provides funds for police, fire and emergency medical personnel and equipment.

Law Enforcement Services.

The project would involve development of up to 1,500 single -family residential dwelling units.

Response times are not anticipated to be significantly impacted since the project would be located within an area of the City currently served by the Police Department. The estimated 2022 population for the City of Indio is 89,137 residents. With implementation of the project , up to 2,700 residents would be added to the City’s current population, increasing the City’s population to 91,837 residents. The resulting officer-to-resident ratio would be 0.88 officers per 1,000 people, which is slightly less than the commonly accepted ratio of one officer per 1,000 residents.

Therefore, the project would be required to include payment of the City’s development impact fee for law enforcement services, or its equivalent, in order to maintain acceptable levels of law enforcement facilities and services in the area. The City’s DIFs are based on capital costs for facilities and other capital assets needed to mitigate the impacts of addition al development. In

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terms of police facilities, DIFs take into fees for police facilities, vehicles, and equipment by allocating costs for both existing and future Police Department facilities to both existing and future development, so that the impact fees reflect new development’s proportionate share of the total capital costs. Furthermore, the project would be annexed into Community Facilities District (CFD) 2004-1, which provides funds for police, fire and emergency services, including medical personnel and equipment. Accordingly, impacts would be less than significant.

Construction activities associated with the project may result in temporary and partial closures of public roads surrounding the project site and could potentially affect emergency access to and near the project site on a temporary basis and potentially increase response times for emergency vehicles traveling to the project site and nearby uses along surrounding streets. As discussed in Section 5.14: Transportation and Traffic of the Final EIR, the preparation of construction traffic management plans would ensure that the project would not interfere with the Sheriff Department’s accessibility to the surrounding roadways or their use. Emergency access to the project site would remain clear and unhindered during construction of the project pursuant to requirements established by the City’s Public Works and Engineering Department and/or the Police Department.

Thus, emergency access impacts from construction activities associated with the project would be less than significant with mitigation.

Library Services . There are no specific requirements for quantifying the community’s needs for public library services; library services are assessed on an on-demand basis as a function of demographics measured against existing library resources. According to the City’s General Plan EIR, growth forecasts for the City would suggest an increase in the demand for library services.

Implementation of the project would add up to approximately 2,700 new residents who would have access to the l ibrary. This increase in residents is likely to result in an increased demand on the library for services provided within their facilities , although that potential increase in demnd is moderated by the extensive reading, research and meeting space amenities included at the proposed clubhouse within the project. The l ibrary relies on its budget from private fund sources and taxed-based revenue from the City (development impact fees). Therefore, the project would require payment of applicable development impact fees for library services in order to maintain library services in the area. The City’s DIFs are based on capital costs for facilities and other capital assets needed to mitigate the impacts of additional deve lopment. In terms of public buildings (includes library facilities), DIFs take into account the existing level of service for these facilities, defined as the City’s current per -capita investment in public buildings and general government vehicles serving the existing City. Future library facilities in the City would be subject to review by the County, and adherence to federal, state, and local building codes and regulations.

Accordingly, impacts would be less than significant.

RECREATION

The project would develop up to 1,500 residential dwelling units that would generate approximately 2,700 residents within the project site. The project includes substantial open space in the form of perimeter buffers, landscaped parkways, linear paseos, and a community clubhouse with outdoor recreation amenities. All are easily accessed by residents using the interconnected walkway system. As the project site is located within the City, it would have direct impacts to the

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City’s recreational and park facilities.

Finding:

The City Council finds that the project’s impacts on recreational and park facilities will be less than significant.

Facts in Support of Finding:

Increase use of existing facilities: The project’s increase in population would incrementally increase the demand on existing neighborhood and community parks in the City. This increased demand placed on recreational on park facilities would be met through a combination of on- site improvements and private recreational amenities, as well as payment of fees to the City. As the project site is entirely within the City’s jurisdiction, the City’s in -lieu parkland fee will be paid, potentially subject to partial credit for the public and private recreational facilities constructed within the project. As such, with the integrated open space and recreational facilities provided on the project site and the required development fees provided to the City for increased maintenance of public recreational facilities, the project site would have a less than significant impact on neighborhood and regional parks and other recreational facilities.

Require new or expanded facilities : The project is designed around a central 26.1- acre recreational center and with paseos throughout the development to provide a connected system of open spaces between the residences. The recreational amenities are located throughout the development and include open space in the form of perimeter buffers, landscaped parkways, linear paseos, bicycle trails, golf cart linkages, and a community clubhouse with outdoor recreation amenities. These recreational amenities are incorporated into the design of the project and would be constructed concurrently with the project . Open space requirements will be met through a combination of on-site improvements, private recreational amenities, and City fees.

The following types of facilities would be included within the Community Clubhouse and Recreation Center: a fitness center, a movement studio, locker rooms, a covered outdoor pool, billiards tables, a golf simulator, arts and crafts room, game room, multipurpose event lawn, sports courts, water features, outdoor kitchen, firepit seating, ball room, catering kitchen, terrace, and indoor coffee bar with an outdoor social bar. The project as proposed would not require the construction or expansion of existing recreation facilities. Impacts would be less than significant.

Construction of the recreational amenities would not result in significant impacts but would contribute to the overall construction impacts. The short -term impacts and m itigation measures associated with the construction of these facilities as part of the project are addressed in the Final EIR (see Sections 5.2: Air Quality; 5.5: Energy, 5.6: Geology and Soils; 5.7: Greenhous e Gas Emissions; 5.8: Hydrology and Water Quality; 5.10: Noise; and 5.14: Transportation and Traffic).

Impacts would be less than significant.

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TRANSPORTATION

Consistency with an Applicable Plan or Policy Addressing the Circulation System

A project is considered consistent with an applicable plan if it is consistent with the overall intent of the plan and would not preclude the attainment of its primary goals. The City of Indio General Plan and the project include measures and policies that support use of alternative modes of travel and no part of the project proposal would conflict with the implementation of those facilities. The project includes facilities to support bicycle and pedestrian use.

Consistency with CEQA Guidelines section 15064.3, subdivision (b) [VMT]

The City of Indio has adopted Riverside County’s Transportation Analysis Guidelines for Level of Service and Vehicles Miles Traveled (2020). The project does not satisfy any of the screening criteria and therefore completed VMT analysis using the Riverside County Transportation Analysis Model (RIVCOM) to determine if there would be a significant VMT impact. For residential projects, a project would create a significant impact if it generated homebased production VMT per capita that exceeds the existing county-wide average homebased production VMT per capita. The project generated VMT method relies on tracking trips to/from an individual project and the project type and location result in a lower VMT than the county-wide average.

Effect of a Geometric Design Feature

Traffic Regulations in the Indio Municipal Code is the City’s Traffic Ordinance. This ordinance provides general provisions, administration and enforcement, traffic control devices and markings, speed, processions, vehicle size and weight, traffic on highways, transportation of hazardous materials, interstate trucks, off -road use of vehicles, and pedestrians. The City of Indio Public Works Department, Engineering Division, has Engineering Standards relating to roadway design.

The design standards include specifications for minimum curve radii, sight lines, design speeds, maximum grades, subgrade base, pavement thickness, and other roadway features. Additionally, the design standards outline specific procedures for road trenching. The project does not propose any features that represent substandard design features.

Finding:

The City Council finds that the project will not have any significant adverse effects relating to transportation, specifically, the project is consistent with applicable plan s and polic ies addressing the circulation system, CEQA Guidelines section 15064.3(b), and it will not have any adverse effects due to a geometric design feature. Impacts would be less than significant.

Facts in Support of Finding:

Consistency with an Applicable Plan or Policy Addressing the Circulation System:

The City of Indio General Plan and the project include measures and policies that support use of alternative modes of travel and no part of the project proposal would conflict with the

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implementation of those facilities. The project would provide pedestrian linkages along the frontage of the project site to existing bus stops by constructing sidewalks along Avenue 38, Jefferson Street, Madison Street, and Avenue 40, with ADA accessible crosswalks at intersections.

The project would not disrupt an existing transit facility or service and would not inter fere with the implementation of future transit service. For these reasons, the project’s impact to transit would be less than significant.

The project would improve the roadway frontage adjacent to the project site and widen Madison Street to accommodate bicycle lanes. The project would implement a standard traffic signal at the main entrance, which would be compatible with the planned bicycle facilities in the area and would accommodate golf cart traffic. In addition, this new traffic signal will improve overall safety at the main entrance location by reducing left -turn and right turn conflicts for vehicles entering and exiting the Shadow Hills golf course and restaurant located across Avenue 40 from the project’s main entrance. Additionally, the General Plan parking policies direct new developments to limit on-street parking and provide safe and secure bicycle parking. The project would develop up to 1,500 single-family active adult dwelling homes within the 377-acre specific plan area. Off-street parking for the Community Clubhouse would be designed to accommodate resident and employee parking and limit on-street parking. Each dwelling home would have a parking garage to limit on- street parking and provide safe and secure bicycle storage. Therefore, the project’s impact to the bicycle system would be less than significant.

Pedestrian facilities are provided along most roadways in Indio where land uses have been developed adjacent to the roadway. Within the study area, limited pedestrian facilities are provided. While many signalized intersections in the area have marked crosswalks, pedestrian signals, and push buttons, there are very few sidewalks adjacent to the project site. The proposed project includes an integrated connected network of pedestrian paseos through open space areas and sidewalks on streets, and multi- use paths to accommodate various modes of transportation including golf carts, bicycles, and pedestrian movement. The project would include t he construction of sidewalks along the frontages on Avenue 38, Jefferson Street, Madison Street, and Avenue 40, with ADA accessible crosswalks at intersections. The proposed traffic signal would facilitate safe pedestrian and golf cart crossing at the project’s main entrance. The project does not disrupt existing pedestrian facilities, interfere with planned pedestrian facilities, or propose any changes to the pedestrian system that would be inconsistent with pedestrian system policies.

Frontage improvements on local roadways and residential streets internal to the project site would be designed using complete street principals. Additionally, the project would not preclude the repurposing of unneeded roadway pavement to implement lane reductions for bicycle and pedestrian improvements.

The LOS operations analysis was completed to determine the consistency of the Project with applicable transportation policies. The City generally strives to maintain LOS D or better as a guideline for intersection operations, as outlined in the City of Indio General Plan (General Plan) approved in 2019. Intersection operations at two intersections would not meet the City’s LOS D standard under near-term (2030) conditions with or without project conditions and one intersection would not meet the City’s LOS D standard under near-term (2030) with project conditions (DEIR,

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(2030) with or without project conditions (DEIR, Page 5.14- 36). However, the improvements

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necessary to address these deficiencies are already included in the City’s capital improvement plans and will be funded by the City’s existing development impact fees. The project will pay its fair-share of these improvements, and avoid contributing to any significant impacts to LOS operations by paying the City’s development impact fees. Moreover, any inconsistency with an applicable plan, ordinance, or policy is only a significant impact under CEQA if the plan, ordinance, or policy was adopted for the purpose of avoiding or mitigating an environmental effect and if the inconsistency itself would result in a direct physical impact on the environment, which is not the case here.

Consistency with CEQA Guidelines section 15064.3, subdivision (b) [VMT] : The project generated VMT per capita under Baseline conditions of is lower than the countywide average. It is anticipated that based on the project type (active adult living) and location (access to regional freeways and other goods and services), that the project will generate VMT on a per capita basis lower than the County-wide average. Therefore, the project’s impact to VMT would be less than significant.

Effect of a Geometric Design Feature: Vehicular access to the project site would be provided by a main entry at Avenue 40 and two secondary entrances on Madison Street and Avenue 38. Vehicles can circulate within the project site between these three entries. The project proposes a standard intersection with a new traffic signal at the project’s main entry on Avenue 40 (the new entrance street to the project and the existing street, Camino San Gorgonio, that is the entry to Sun Shadow Hills south of Avenue 40) A primary safety consideration at intersections is the number of conflict points - defined as locations at an intersection where vehicle, bicycle, golf cart, or pedestrian paths merge, diverge, or cross. Intersection configurations with fewer conflict points can reduce the potential for head- on, broadside, and vehicle/pedestr ian collisions. The standard intersection proposed at the main entry on Avenue 40 would minimize hazards at this location. The City considered alternative locations for the project main entrance, but all other potential locations, both on Avenue 40 and on the other perimeter streets, were determined to be less safe or would worsen traffic conditions, as more fully explained in the Final EIR, Responses to Comments, including Response Nos. 9 -1 and 63-1, which Responses are hereby incorporated into these findings. The project does not propose any features that represent substandard design features. Impacts would be less than significant.

The City Council has reviewed the Draft EIR comment s regarding the main entrance and other transportation-related issues, including Comment Nos. 9-1, 23-1, 23-2, 23-3, 23-5 and 63-1, 63-2, 63-3, 63-4, 63-5, and 63-7, and finds those asserted impacts and inconsistencies to be lacking in any merit or substantial evidence. The City Council has also reviewed the Final EIR Responses to those comments and finds those responses persuasive and are hereby specifically adopted by the City Council and hereby incorporated into its findings, analysis and conclusions regarding the project’s impacts concerning transportation and traffic.

UTILITIES AND SERVICE SYSTEMS

The Draft EIR analyzes the construction of new or expanded facilities for water, wastewater, drainage, solid waste and utilities, and whether the construction of such facilities would have any significant adverse effect.

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WATER SERVICE AND SUPPLY

Result in construction of new or expanded water facilities

The project is required by Coachella Valley Water District (CVWD) to design and install an 18- inch pipeline on Avenue 38 from Primrose Lane easterly along the project frontage to the project entrance at the intersection of Avenue 38 and Talavera Boulevard. Development within the project will be served by a private network of lines that will connect to existing public CVWD potable water lines located at three points of connection off Avenue 38, Avenue 40, and near the corner of Avenue 39 and Jefferson Street. The CVWD will further require the project to contribute its fair share to the construction of a new 7 million-gallon reservoir to accommodate the project’s storage requirement. Furthermore, the project is required to construct three well sites with in the project site at locations approved by CVWD.

Availability of Water Supplies

To determine the adequacy of available water supplies to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years, the Final EIR incorporates information from the Water Supply Assessment/Water Supply Verification (WSA/WSV) prepared for the project. As shown in Draft EIR Table 5.16.1-15: Estimated project Water Service Demands for Residential, Commercial, and Other Uses, the project would have an increased water demand of 1,096.59 AFY, or 2.9 acre-feet per acre. This quantity is approximately

0.65-percent of the total water projected to be supplied by the CVWD in 2045 (164,966 AFY).

The residential water demand is 633.31 AFY, the non- residential demand is 124.23 AFY, and outdoor water demand is estimated to be 333.92 AFY. It is anticipated that 454.78 AFY of the total project demand will be met with non-potable water.

Findings:

The City Council finds that the project’s impacts concerning water facilities and water supply will be less than significant. The City Council finds that the new and expanded utilities facilities to be constructed as part of the project, including the water line extension, will not have any significant adverse effects. The City Council further finds that there are sufficient water supplies available to serve the project and all reasonably foreseeable future development associated with the buildout of the City’s General Plan , during normal, dry, and multiple dry years. The City Council further finds that with adherence to federal, State, and local requirements related to water use, the project would have less than significant impacts related to the water supply.

Facts in Support of Findings:

Water: The project is required to design and install an off -site pipeline and a private network of lines on-site to connect to the existing public CVWD potable water lines. The project provides for the development of private well(s) in order to reduce the domestic water demand for the development and will also construct a private water well to serve as a backup water supply for the common area landscaping. It is anticipated that all non- residential outdoor irrigation demand

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will be met with nonpotable water , including recycled water from CVWD’s adjacent wastewater treatment plant. Construction impacts associated with the installation of the on -site and off -site connections are expected to be confined to trenching and related construction activities would be temporary and limited. In addition, the off -site water line on Avenue 38 would be constructed within previously disturbed right -of-way and would not have any significant environmental effects. All improvements related to water service would be completed in accordance with City and CVWD standards which would preclude any interruptions in existing service of the surrounding properties. Therefore, impacts to City’s available water supply and infrastructure would be less than significant.

Sufficiency of Water Supplies. CVWD approved a WSA/WSV for the project providing an assessment and verification of the availability of sufficient water supplies during normal, single- dry, and multiple-dry years over a 20-year projection period to meet the projected demands of the project, in addition to existing and planned future water demands of CVWD as required by the Water Code. The WSA/WSV reports CVWD’s actual service area urban water demand at 101,546 AF in 2021. projected urban water demand in the 2020 UWMP for the year 2045 is anticipated to be 148,166 AF. As shown in Draft EIR Table 5.16.1- 16: Impact of project Demand on Groundwater Supply (AFY), total buildout water demand of the project is estimated to be approximately 1,096.59 AFY, which represents less than 1 percent of the total anticipated urban demand of 148,166 AF in CVWD’s urban water system projected for 2045. With almost 30 million acre-feet of combined storage, as well as ongoing groundwater management planning adopted in the 2020 UWMP and 2010 CVWMP Update, the aquifer has sufficient available water to supply the project and other present and anticipated needs for normal year, as well as one or more multiple dry years, over the next 20 years.

Based on the information, analysis, and findings documented in the WSA for the project , there is substantial evidence to support a determination that there will be sufficient water supplies to meet the demands of the project, as well as for future demands of the project plus all forecasted demands in the next 20 years. The project is consistent with the City’s General Plan and as required by the City’s General Plan Update EIR, the project would be required to comply with City of Indio Municipal Code Section 156.035, which identifies standards for design and improvements applicable to subdivisions and requires improvement plans to identify water system improvements adequate to serve the proposed subdivision; Municipal Code Section 54.062, which addresses water conservation in landscaping and prohibits water waste from inefficient landscape irrigation; GPU Policies; and, participate in regional water conservation and planning efforts.

ASTEWATER COLLECTION AND TREATMENT

Require or Result in Construction of New or Expanded Facilities for Wastewater or Drainage.

Wastewater Facilities: The project will not have any significant project -specific or cumulative adverse effects concerning wastewater facilities because CVWD’s Water Reclamation Plant 7 (WRP-7) has adequate capacity to serve the project (which will add approximately 7.6 percent of the cumulative growth and is within the capacity forecasted in the City’s General Plan Update EIR), and although the project would require the construction of new sewer lines or an

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extension of existing sewer lines, the construction of any of the three proposed options to do so would not have any significant adverse environmental effects.

Storm Water Facilities: All future development, including the proposed project, must be consistent with the City’s General Plan goals and policies , and would also be required to comply with Section 55.26 of the Municipal Code, which requires new development and redevelopment to control the rate and volume of storm water runoff and installation of storm water infrastructure such as retention structures, subsurface areas, cisterns or other structures, at the discretion of the City Director of Public Works or designee. Goals and policies of the City’s General Plan Land Use and Urban Design, and Infrastructure and Public Facilities Elements would support provision of adequate storm water facilities in the City.

Adequate capacity for wastewater treatment or storm water drainage facilities

CVWD provides sanitary sewer service to the project, and the capacity of CVWD’s wastewater treatment facilities are addressed in the Draft EIR at pp. 5.16.2-7 through 5.16.2-9. The project will connect to existing sewer mains located adjacent to the proje ct, and the project will add approximately 7.6 percent of the cumulative growth to the existing flows to CVWD’s existing Water Reclamation Plant (WRP -7), which have adequate capacity to serve the project and other anticipated growth once future planned expansion is taken into account.

Findings:

The City Council finds that the project’s impacts concerning wastewater collection and treatment will be less than significant. The City Council also finds that there is adequate capacity in CVWD’s wastewater treatment system to meet the project’s wastewater needs, and although the project and other anticipated future growth would require planned expansion of the existing wastewater treatment facilities , the impacts with construction of these wastewater facilities would not be significant.

Facts in Support of Findings:

Require or Result in Construction of New or Expanded Facilities for Wastewater or Drainage.

Wastewater Facilities: Wastewater from the portion of the Sun City Shadow Hills Community located immediately south of the project site drains south to CVWD Lift Station 81 - 07, located near Avenue 42 and Madison Street. From this lift station, wastewater is pumped north in a force main in Madison Street and Avenue 38 to WRP -7. An existing 27- inch gravity sewer pipeline in Avenue 38 conveys wastewater from the area to WRP-7.

CVWD completed hydraulic modeling of the existing sewer system and identified three options to provide sewer service to the project site.

• The first option would collect wastewater from the project and convey it south through new and existing sewer lines to CVWD Lift Station 81- 07. An extension

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of the existing sewer line in Jefferson Road south in Varner Road between Camino Santa Elise and Lift Station 81 -07 would be built to redirect flows from existing sewer lines located immediately south of the project to free up capacity in these lines to convey wastewater from the project . This option would also require the upsizing of existing sewer lines located south of the project site and modifications to increase the capacity of Lift Station 81-07 from 2.2 MGD to 3.3 MGD.

• The second option would convey wastewater from approximately 80% to 85% of the project north through the project to the existing 27-inch gravity sewer pipeline in Avenue 38 to WRP -7. This existing gra vity line has capacity to accommodate wastewater from the project. This approach would require a private lift station and force main to be constructed within the project. The remaining 15% to 20% of the project would convey wastewater into the CVWD’s exi sting facilities in Avenue 40, and would not require any improvements to those off-site facilities.

• The third option would involve conveying all of the wastewater through the onsite lift station and force main to the existing gravity sewer in Avenue 38.

All three options would involve the construction of new sewer facilities and/or the upsizing of existing sewers in existing streets or new streets and upsizing of Lift Station 81-07; none of these options would result in any additional significant environmental impacts as all construction would occur in areas previously disturbed to construct existing sewer and street improvements or within new streets to be constructed as part of the project. All improvements related to wastewater service would be completed in accordance with City and CVWD standards which would preclude any interruptions to existing service for the surrounding properties.

Storm Water Facilities: Future development consistent with the City’s General Plan goals and policies would also be required to comply with Section 55.26 of the Municipal Code, which requires new development and redevelopment to control the rate and volume of storm water runoff and installation of storm water infrastructure such as retention structures, subsurface areas, cisterns or other structures, at the discretion of the City Director of Public Works or designee. Goals and policies of the City’s General Plan Land Use and Urban Design, and Infrastructure and Public Facilities Elements would support provision of adequate storm water facilities in the City.

Wastewater Treatment System Capacity

The City’s General Plan Land Use and Urban Design Element, and Infrastructure and Public Facilities Elements include overarching goals and policies supporting effective wastewater treatment facilities. These policies would support development of adequate w astewater capacity to serve future demand associated with growth forecast under the GPU. Furthermore, policies related to encouraging the use of greywater, are included Policy IE-3.4.

The total projected water demand for the project is approximately 1,096 AFY, consisting of approximately 463 AFY of outdoor recycled water demand and approximately 633 AFY of potable water demand or 2.9 acre -feet per acre.12 The project would add 0.98 MGD of additional wastewater to WTP-7 for treatment, increasing the average daily flow to approximately 3.9 MGD.

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This increase is within the 5 MGD treatment capacity of CVWD’s existing WRP-7. Approximately 60 percent of the wastewater treated at this facility receives tertiary treatment for reuse and is used to irrigate golf courses and other landscape areas. No expansion of WRP-7 is necessary to treat the wastewater that would be generated by the project.

RY UTILITIES (ELECTRICITY, NATURAL GAS, AND TELECOMMUNICATIONS)

Require or result in the relocation or construction of new or expanded power, natural gas or telecommunications facilities.

The project site is surrounded by existing electrical, natural gas, and telecommunications infrastructure. The Imperial Irrigation District (IID) will provide service to the initial phase of development from existing facilities. The additional power load for subsequent phases of the project would require IID to construct a new substation with two 25 MVA (megavoltampere) transformer banks to serve the project and increase t he reliability and resiliency of the existing electric system. A 315 foot by 315- foot site is required for this new substation. A site for this new substation is provided within the project site east of Burr Street. An alternative site for this new substation is located on the northwest corner of Burr Street and Avenue 40. IID is reviewing both sites. Both sites are evaluated in each topical section of the Draft EIR and development of this new substation on either site and construction of transmission and distribution line extensions, distribution gateways and distribution feeders would not result in significant impacts.

As analyzed in the Draft EIR, the utility providers (SoCal Gas, Spectrum and Frontier) can serve the project without the need to construct new or expanded facilities (Draft EIR, at pp. 4.15-22 –

4.15-23). Accordingly, impacts will be less than significant.

Findings:

The City Council finds that the project’s impacts concerning utilities and service systems will be less than significa nt. The City Council finds that the new and expanded utilities facilities to be constructed as part of the project, including the upgraded electrical substation and additional electrical transmission and distribution line extensions , will not have any significant adverse effects.

Facts in Support of Findings:

Electrical Facilities: IID will provide service to the initial phase of development from existing facilities. The additional power load for subsequent phases of the project would require IID to construct a new substation with two 25 MVA (megavoltampere) transformer banks to serve the project and increase the reliability and resiliency of the existing electric system. A 315 foot by 315-foot site is required for this new substation. A site for this new substation is provided within the project site east of Burr Street. An alternative site for this new substation is located on the northwest corner of Burr Street and Avenue 40. IID is reviewing both sites. Both sites are evaluated in each topical sectio n of the Final EIR and impacts relating to electrical facilities are less than significant.

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Other Facilities: As analyzed in the Final EIR, the utility providers (SoCal Gas, Spectrum and Frontier) can serve the project without the need to construct new or expanded facilities (Final EIR, Section 5.5: Energy). Accordingly, impacts will be less than significant.

SOLID WASTE

Generate Excess Solid Waste

Solid waste and recycling from the project would be hauled to the Indio/Coachella Valley Transfer Station. Waste from the transfer station is then sorted and sent to one of the Riverside County landfills in unincorporated Riverside County. The project and future projects in the City have been included in the City’s General Plan Update EIR growth projections and forecasted solid waste capacity.

Waste generated by development on the project site would be sent to the Indio/Coachella Valley Transfer Station. According to CalRecycle, the Coachella Valley Transfer Station currently has a permitted maximum tonnage of 1,100 tons per day (tpd) of solid waste and a maximum capacity of 12,685 cubic yards per day. The Oasis and Desert Center landfills are located nearest to the project site, approximately 24.3 miles south and 48.8 miles east of the project site respectively. As noted in Table 5.16.4-1 of the Draft EIR, the Oasis Landfill has a remaining capacity of 433,779 cubic yards and Desert Center Landfill has a remaining capacity of 35,714 cubic yards.

Findings

The City Council finds that there is sufficient capacity at the regional landfills for the project, that the project will not generate excess solid waste , and that the project’s impacts concerning solid waste will be less than significant.

Facts in Support of Findings:

Generate Excess Solid Waste. As described on pages 5.16.4- 5 and 5.16.4- 6 of the Draft EIR, the project would generate an average of approximately 8.1 tons of solid waste per day, which is approximately 2.0% and 14% of the daily intake permitted at the closest landfills (the Oasis and Desert Center). Accordingly, the project would be served by a landfill with sufficient capacity to accommodate the project’s solid waste needs and would not generate solid waste in excess of State or local standards. Further, the City’s General Plan Update EIR states that regional landfills would remain open up to and past the GPU horizon year of 2040 and have capacity to meet the future needs of the City. In addition, the project implements the requirements of the City’s General Plan Update EIR. Therefore, impacts relative to solid waste are less than significant.

V. FINDINGS REGARDING ENVIRONMENTAL EFFECTS HAVING NO
IMPACT

In addition to the foregoing potential environmental effects, for which the City Council finds that the project will have less than significant impacts and do not require mitigation, the City Council further finds that the following impacts associated with the project will have no impacts, do not

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require mitigation, and did not need to be analyzed in further detail within the Final EIR:

Aesthetics; Agriculture and Forest Resources (with respect to conflicts with agricultural zoning, forest, or loss of fore st/timberland only); Biological Resources (with respect to riparian habitat, federally protected wetlands, conflict with local policies or habitat conservation plans only); Geology and Soils (expansive soils, septic tanks); Hazards and Hazardous Materials; Hydrology and Water Quality (with respect to impacts by flooding, seiche, tsunami or mudflow only); Land Use (with respect to dividing a established community only); Mineral Resources; Noise ( with respect to proximity to an airport only); Population and Housing; Public Services ( with respect to impacts to schools only); Transportation ( with respect to emergency access only); Utilities and Service Systems (with respect to compliance with statutes and regulations relating to solid waste only); and Wildfire. The Final EIR summarizes these impacts that were found to be insignificant in Chapter 8, and the City Council hereby adopts the findings, analysis and conclusions set forth therein.

AESTHETICS

Effects on scenic vistas

The approximately 377-acre project site consists of vacant, undeveloped land that has been subject to a variety of previous disturbance, including historic agricultural activities and recent disking.

There are no identified scenic vistas in the City. Views of the San Jacinto and Santa Rosa Mountains to the west and south and the Little San Bernardino Mountains to the north are available from the site and surrounding area. The proposed residential development would be similar in scale and character to the ex isting Sun City Shadow Hills Community located immediately east and south of the project site and would not obstruct available public views available from streets in the area to any greater degree than this existing development. For these reasons, impacts would be less than significant.

Impact a Scenic Resources

The project site is located approximately 4.5 miles north of California State Route (SR) 111, which is an eligible State scenic highway without official designation. The nearest officially designated State scenic highway is US Route 62, approximately 25 miles to the northwest. The project site is flat and vacant with minimal vegetation as a result of the historic agricultural activities and recent disking. There are no significant trees, rock outcroppings, historic buildings, or other scenic resources on the project site. Impacts would be less than significant.

Effects to the visual character or quality of the site

Surrounding land uses include single-family residential to the north; single-family residential and a golf course to the east and south; and Shadow Hills High School and single -family residential and vacant land to the west. The project site is flat and vacant with minimal vegetation. The Specific Plan would permit development of single-family residential homes with recreational and community uses in the center of the project site. The proposed project would change the existing visual character of the site by allowing the development of a residential community. The proposed residential development would be similar in scale and character to the existing Sun City Shadow

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Hills Community located immediately east and south of the project site. While the visual character of the project site would change with implementation of the proposed project , this change would be consistent with existing surroundings. The project would not substantially degrade the existing visual quality of the site or the surrounding area, and the impacts of the project would be less than significant.

Light and glare

Existing sources of light in the area include light from the residential uses east of the project site across Madison Street, south across 40th Avenue, and north across 38th Avenue. Another source of nighttime light in the area includes the high school to the west and vehicle traffic on the streets surrounding the site. Future development of the project site will introduce new sources of light typical of residential neighborhoods in the area. Although new sources of light would occur throughout the project site with new development, they would be consistent with existing surroundings, and would not adversely affect day or nighttime views. The proposed project would adhere to applicable City policies and regulations, including requiring shielding of lighting fixtures to prevent spillover onto surrounding properties, and would be dark skies compliant. The project would not create a new source of substantial light or glare and would not have any significant impacts.

AGRICULTURE AND FORESTRY

Conflict with Zoning or Williamson Act

The project site General Plan and Zoning designation is Suburban Neighborhood (SN; eight dwelling units per acre maximum), Residential Low (RL), and Village Core. The project site is not subject to a Williamson Act contract; it is designated as Non -Enrolled by the California Department of Conservation, Conservation Program Support. The land around the site is developed, and none of it is zoned for agriculture or subject to a Williamson Act Contract. No impacts would occur.

Conflict with Forest or Timberland

As defined by Public Resources Code Section 12220(g), forestland is land that can support 10 percent native tree cover of any species under natural conditions and that allows for management of one or more forest resources. Given that there is minimal veget ative cover on the project site and the site is not zoned as forestland, the project would not affect any forestlands as defined by the Public Resources Code.

A Timberland Production Zone is defined by Government Code Section 51104(g) as an area that is zoned for the sole purpose of growing and harvesting timber. Because the project site does not contain any timber resources, nor is it zoned as timberland or timberland zoned Timberland Production, the project would not conflict with timberland or Timberla nd Production areas. No impacts would occur.

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Loss of Forest

The project site is not defined as having forestland as defined in Public Resources Code Section 12220(g). Additionally, there is no forestland located in or near the project site. The project would not result in the loss of forestland or result in the conversion of forestland to nonforest uses. No impacts would occur

BIOLOGICAL RESOURCES

Riparian habitat

The Coachella Canal is located outside of the project boundaries, adjacent to the southeast corner of the project site. This is a manmade channel that connects the City’s drainage areas and does not include any riparian or other sensitive natural community. According to the field surveys conducted, the project site does not support any discernible drainage courses, inundated areas, wetland vegetation, or hydric soils that would be considered jurisdictional by the Corps, Regional Board, or CDFW, nor does it contain any other sensitive natural community identified in any local or regional plans, policies, or regulations. The City Council considered the comment letter submitted on the Draft EIR by CDFW, including the statement that the project site may contain resources that fall under Section 1602 of the Fish and Game Code, but based on the evidence and analysis in the Draft EIR and in the responses to the CDFW comment letter, which are incorporated herein, the City Council finds that the project site does not contain any Section 1602 resources and the project would not have any effects on riparian habitat or other sensitive natural communities.

Federally protected wetlands

The site does not contain, nor is it adjacent to, federally protected wetlands, marshes or other drainage features as defined by Section 404 of the Clean Water Act . Therefore, the project will have no impacts on federally protected wetlands.

Conflict with local policies or ordinances

The City of Indio is a participant in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and is a co-permittee for the permits issued in association with this plan. The project site is not located in any Conservation Area identified in the CVMSHCP, and the project will pay the City’s Local Development Mitigation Fee (LDMF) collected to implement the CVMSHCP. No other local policies or ordinances protecting biological resources apply to the site.

The project is consistent with the CVMSHCP, and, for this reason, no impacts will occur.

Consistency with applicable habitat conservation plan

The City of Indio is a participant in the CVMSHCP and is a co-permittee for the permits issued in association with this plan. This plan was prepared for the Coachella Valley and surrounding mountains to address current and potential future State and federal Endangered Species Act issues in the plan area. The goal of the CVMSHCP is to continue to protect natural resources within the plan area by managing such resources and land uses that impact them, and to provide consistency

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and streamline permitting requirements with respect to protected species in the plan area. The project site is not located in any conservation area identified in the CVMSHCP, the project does not violate any of the plan’s policies and guidelines, including its conservation area adjacency guidelines, and the project will pay the City’s LDMF collected to implement the CVMSHCP. No impacts will occur

GEOLOGY AND SOILS
Located on Expansive Soil

Expansive soils are characterized as fine- grained, such as silts and clays, or soils with variable amounts of expansive clay minerals that can change in volume due to changes in water content.

Collapsible soils typically occur in recently deposited soils that tend to be drier and more granular.

The project site consists of alluvium soil deposits that do not contain silts and clays and for this reason, no impacts would occur.

Use of Septic Tanks or Alternative Water Disposal Systems

The project site will be connected to the existing CVWD sewer system serving the area. Use of septic tanks or alternative wastewater disposal systems are not proposed. No impacts would occur.

HAZARDS AND HAZARDOUS MATERIALS

Transport, Use, or Disposal of Hazardous Materials

The project site is located in the northwest portion of the City of Indio and is adjacent to existing residential development on the south, north, and east sides and a school to the west. The proposed residential uses will not involve the transport, use, and disposal of hazardous materials. No hazardous materials other than modest amounts of typical cleaning supplies and solvents used for residential housekeeping would be present at the project site, and use of these substances would comply with Health and Safety Code Section 25501(o).

The construction of the proposed residential community will only involve the transport, use, and disposal of hazardous materials typically associated with grading and construction of site improvements and homes in accordance with City regulation. As a result, as neither the public nor the environment would be put at risk by standard residential construction practices as they relate to hazardous materials, no impacts would occur.

Release of Hazardous Materials

Construction of the proposed residential community will only involve the transport, use, and disposal of hazardous materials typically associated with grading and construction of site improvements and homes, and residential uses do not involve the use and handling of hazardous materials. Given that no hazardous materials would be associated with the proposed residential uses, it is not expected that project implementation would create a significant hazard to the public or environment. No impacts would occur.

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Hazardous Materials within 1/4 Mile of a School

Shadow Hills High School is located immediately across Jefferson Street, to the west of the project site. The construction of the proposed residential community will only involve the transport, use, and disposal of hazardous materials typically associated with grading and construction of site improvements and homes in accordance with City regulation. The proposed residential uses will not involve the handling of hazardous substances or emit hazardous emissions. As a result, no impacts would occur as the project would not involve the handling of hazardous substances or emit hazardous emissions within one-quarter mile of an existing or proposed school.

Hazardous Materials Onsite Pursuant to Government Code Section 65962.5

Government Code section 65962.5 requires that a list of the location of hazardous materials release site be maintained and updated least ann ually. Based on database review, the site is not included on any of these hazardous materials site lists. No impacts would occur.

Impacts to Public Airport, Public Airport Use, or Airport Land Use Plan

The closest airport to the project site is Bermuda Du nes Airport, a privately owned public use airport, located approximately 2.4 miles to the southwest. The project site is located within Bermuda Dunes Airport Land Use Compatibility Plan (ALUCP) Compatibility Zone E (other airport environs). The only use restriction in Compatibility Zone E is that structures need to be less than 100 feet in height to avoid creating a hazard to flight. The project will construct single-story residential homes and a private community clubhouse less than 100 feet in height and would not create a hazard to flights . The project was reviewed by the Riverside County Airport Land Use Commission and was found to be consistent with the applicable Airport Land Use Plan. The project site is not located within the Bermuda Dunes Airport noise contours. As such, the location of the project would not result in a safety hazard or excessive noise for residents or employees in the project area. No impacts would occur.

Effect on an Emergency Response Plan

Construction of the project could require partial and temporary closures of portions of Jefferson Street, 40th Avenue, Madison Street, and 38th Avenue for short periods. Any partial closure of these roads would be temporary, would not occur simultaneously, and would be conducted in accordance with a construction management plan and under the supervision of construction personnel. The City has developed emergency operations plan to guide response to emergency situations. Therefore, no impacts would occur.

Risk of Wildfires

According to the City of Indio General Plan Update EIR, the project site and surrounding locations would not be affected by wildfires. Furthermore, the project site and surrounding locations are not in a Fire Hazard Severity Zone. No impacts would occur.

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HYDROLOGY AND WATER QUALITY

Inundation by Flooding, Seiche, Tsunami or Mudflow

The proposed project will generate standard urban pollutants that are typical of residential uses.

The project will be required to comply with the requirements of the NPDES General Construction Permit and Municipal Separate Storm Sewer System (MS4) Permit, both as approved by the RWQCB to control urban runoff by preparing and implementing a SWPPP during construction and incorporating effective Best Management Practices (BMPs) water quality control features into the design of the drainage system for the project site.

The project site is not located in a tsunami or seiche zone. The northeast portion of the project site is located within a 100- year flood hazard area and the southwest portion of the project site is located within a 500-year flood hazard area. The proposed Specific Plan will include Grading and Drainage Master Plans that , along with the regional flood control facilities currently being constructed by CVWD, will result in removing all proposed homes from the floodplain.

LAND USE

Physically Divide an Established Community

The project site is located in the northwest portion of the City surrounded to the north, east, and south by development with vacant parcels located northeast of the Specific Plan Area. Surrounding uses include residential neighborhoods and golf courses. Shadow Hills High School is located directly west of the central portion of the Specific Plan Area and pockets of residential and vacant parcels further west.

The Specific Plan Area is bordered by connector streets and represents a rural development site in the City in this regard. The City’s General Plan designates the site for Suburban Neighborhood (SN) uses which would be consistent with the pattern of surrounding land uses. The Desert Retreat Specific Plan is proposed to implement the City’s General Plan. Development of the site with the uses identified in the City’s General Plan would not physically divide the established pattern of development around the site. No impacts would occur.

MINERAL RESOURCES

Loss of a Mineral Resource

The Coachella Valley, including the surrounding hills and mountains to the north and south of the project site, contain known deposits of mineral resources, such as sands and gravel. However, these deposits are found within the entire desert floor and surrounding hills and mountains to the north and south of the project site and are not specific or unique to the project site. The project site is located in Mineral Resource Zone 1 (MRZ -1), which indicates that the potential for the site to contain mineral resources of value to the region are low. There are currently no mines or extraction sites within the City. No impacts would occur.

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Loss of a Mineral Resource Recovery site

As mentioned previously, the City of Indio General Plan indicates that mineral resources exist within the City’s Sphere of Influence but there are currently no mines or extraction sites in the City. No impacts would occur.

NOISE
Within 2 miles of a public airport

The project site is not within two miles of a public airport or public use airport, nor within the immediate vicinity of a private airstrip. The nearest airport to the project site is the Bermuda Dunes Airport located approximately 2.4 miles to the southwest. The project site is not located within the Bermuda Dunes Airport noise contours and has found to be consistent with the applicable Airport Land Use Plan. As such, the location of the project would not result in excessive noise for residents or employees in the project area. No impacts would occur.

POPULATION & HOUSING

Induce population growth

The project proposes development of up to 1,500 homes on a site designated for development of residential uses by the Indio General Plan. The surrounding area is generally developed on the south, north, and east sides of the project site. With urban infrastruc ture available in the streets bordering the Specific Plan Area, the proposed project would not extend roads or other infrastructure, such as water or sewer lines, to any currently unserved areas. While a new IID substation or comparable infrastructure is required to adequately serve the project, and this infrastructure is expected to have excess capacity to improve system reliability and/or serve additional planned new development, such development would be consistent with the Indio General Plan and would not induce substantial population growth beyond what is already planned under the existing General Plan and analyzed in the General Plan Update EIR.

The proposed project would develop an Active Adult Community. These age restricted households would have a smaller average household size than the rest of the City. While the proposed residential uses would directly result in the population growth in the area, the population growth from the project is consistent with what is allowed by the current Suburban Neighborhood General Plan designation as analyzed in the City’s General Plan EIR. The average household size for the proposed project and direct population growth will be lower than that forecasted by the City’s General Plan EIR. For these reasons, the project would not result in substantial population growth not anticipated for in the City’s General Plan. No impacts would occur.

Displace people or housing

The project site is vacant, and the project would not, therefore, displace any existing housing units or people on the site. No impacts would occur.

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PUBLIC SERVICES
Impacts to Schools

The project would allow the development of up to 1,500 homes, which would increase the demand for public services. As the project would provide homes for residents aged 55 and above, the project would not generate additional students that could affect school facilities. The project will include private recreational facilities, including a pool, tennis and pickleball courts, and community meeting rooms, which will reduce the demand from residents for certain types of park facilities. Despite not directly generating additional students, the project will pay the applicable statutory school fees at the commercial rate, which will fund additional school facilities. Due to the characteristics of the project, no impacts would occur.

TRANSPORTATION
Emergency Access

Access to the Specific Plan Area is proposed from three of the major streets bordering the site. The proposed Specific Plan would not result in inadequate emergency access to the site and would not impede existing emergency access to the existing surrounding uses. No impacts would occur.

UTILITIES AND SERVICE SYSTEMS

Comply with Statues and Regulations Related to Solid Waste

The proposed residential uses will generate typical solid waste generated within the City and collected and disposed of at landfills operated by Riverside County, in accordance with applicable regulations. The proposed project would comply with AB 939, AB 341, AB 1826, SB 1383, and City waste diversion goals as presented in the Indio Municipal Code, as applicable. Required adherence would maximize waste stream diversions and help reduce solid waste disposal impacts related to compliance with federal, State, and local regulations related to the solid waste generated from future development in accordance with the City’s General Plan. Since the proposed project would comply with federa l, State, the City’s General Plan Update EIR, and local statutes and regulations related to solid waste, impacts would be less than significant. (Draft EIR, at pp. 5.16.4- 6).

WILDFIRE

Impair an Emergency Response or Evacuation Plan

According to the City of Indio General Plan Update EIR, the project site and surrounding locations would not be affected by wildfires. The project site and surrounding locations are not in a Fire Hazard Severity Zone. Furthermore, the project would not impair the use of other rights of way.

Therefore, adopted emergency response plans or emergency evacuation plans would not be substantially impaired. As such, no impacts would occur.

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Exacerbate wildfire risk and create pollutants

The project site is topographically flat and is not located in or near state responsibility areas, nor lands classified as very high fire hazard severity zones. In addition, the project site is not identified by the City as being located within an area susceptible to fire hazards. As such, no impacts would occur.

Require infrastructure

The project site is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones. In addition, the project site is not identified by the City as being located within an area susceptible to fire hazards. The project would utilize existing roadway and utility infrastructure to connect to the proposed residential development. As such, no impacts would occur.

Expose people or structures to risk of flooding

The project site is not located in or near state responsibility areas, nor lands classified as very high fire hazard severity zones. In addition, the project site is not identified by the City as being located within an area susceptible to fire hazards. The project site and surrounding areas are located on relatively flat portions of the floor of the Coachella Valley and is not located downslope or downstream of any hillside areas. For these reasons, no impacts will occur.

VI. FINDINGS REGARDING ALTERNATIVES ANALYZED IN THE FEIR AND

REJECTED

The State CEQA Guidelines section 15126.6(a) requires the discussion of a “a reasonable range of alternatives to a project, or the location of a project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives.” The Guidelines states that the “range of potential alternatives to the proposed project shall include those that could fe asibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects” (Section 15126(c)). The City Council finds that the Final EIR evaluated a reasonable range of alternatives to the proposed project. These alternatives are:

Alternative 1: No project/No Development
Alternative 2: Existing General Plan
Alternative 3: Prior Zoning- Commercial Component
Alternative 4: Residential project with Golf Course
Alternative 5: Reduced Density
Alternative 6: Roundabout Entry Intersection
Additional Findings Regarding the Environmentally Superior Alternative

When a lead agency has determined that a proposed project will still cause one or more significant environmental effects that cannot be substantially lessened or avoided after the adoption of all feasible mitigation measures, prior to approving the project as mitigated, the agency must

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determine whether there remain any project alternatives that are both enviro nmentally superior with respect to such impacts and feasible within the meaning of CEQA.

An alternative may be rejected if it is “infeasible” or if it fails to achieve most of the basic project objectives identified within the EIR. “Feasibility” under CE QA encompasses the desirability of the project based on a reasonable balancing of relevant economic, environmental, social, or other considerations which make infeasible the project alternatives.

Alternative 1: No project/No Development

CEQA Guidelines Section 15126.6 (e) requires the analysis of alternatives to include the specific alternative of “No project.” The purpose of describing and analyzing a No project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. Under the No project /No Development Alternative (“Alternative 1”), the project would remain in its current and existing vacant condition. None of the impacts ass ociated with construction and operational activities would occur if Alternative 1 was selected. No construction and operations related air quality emission impacts would occur.

Finding and Facts in Support of Finding

The No project/No Development Alternative would avoid all impacts of the proposed project, but as all the impacts of the project would be less than significant or can be mitigated to less than significant, this alternative would not avoid or lessen any significant impacts of the project. The No project/No Development Alternative would not implement the City’s General Plan, which designates the site for development with single -family housing. The City Council of the City of La Quinta rejects the No project/No Development Alternative for the following reasons:

1. The No project /No Development Alternative is inconsistent with the General Plan, insofar as this alternative would not implement the General Plan’s land uses for the property, which the City Council considers inconsistent with its vision for City land use policy under the General Plan.

2. The No project /No Development Alternative does not meet any of the project objectives.

3. The project site remaining in its existing condition is not considered the most likely outcome if the proposed project is not approved, due to the City’s General Plan, which designates the site for single -family housing, which would remain in effect if the project is disapproved.

The City Council therefore finds the No project/No Development Alternative is unacceptable and rejects it.

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Alternative 2: Existing General Plan

The Existing General Plan Alternative (Alternative 2) examines the impacts that would result from development of the project site in accordance with the number of residential units allowed by the current Suburban Neighborhood General Plan land use designation for the site. The Suburban Neighborhood designa tion allows the development of single -family detached homes in low intensity neighborhoods. The maximum gross density permitted is 8 Dwelling Units per acre.

Applying this maximum gross density to the 378-acre project site, 3,095 single family homes could be developed on the site. The homes in this alternative would not be age restricted.

Finding and Facts in Support of Finding

The Existing General Plan Alternative would result in incrementally greater impacts when compared to the project with respect to air quality, greenhouse gas emissions, population and housing, schools, transportation, water service and supply, wastewater, and solid waste. Impacts related to Alternative 2 would be similar with respect to agriculture, biological resources, cultural resources, energy, geology and soils, hydrology and water quality, land use and planning, noise, fire services, law enforcement, library facilities, and dry utilities. No significant impacts would be avoided or substantially reduced to a leve l of less than significant with Alternative 2. The City Council of the City of La Quinta rejects the Existing General Plan Alternative for the following reasons:

1. The Existing General Plan Alternative does not substantially reduce or avoid any significant environmental effects of the project.

2. The following project objectives are only partially met with this Alternative:

• Develop a thoughtfully planned and integrated master -planned age-restricted residential community that aligns with and compliments the adjacent Sun City Shadow Hills community;
• Provide water, sewer, and drainage systems to adequately service the project;

3. The following project objectives will not be met with the Existing General Plan Alternative:
• Promote quality development consistent with the goals and policies of the Indio General Plan.

The City Council therefore finds the Existing General Plan Alternative is unacceptable and rejects it.

Alternative 3: Prior Zoning- Commercial Component

The Prior Zoning- Commercial Component Alternative (Alternative 3) examines the impacts that would result from development of the project site in accordance with the number of residential units allowed by the zoning for the site at the time the NOP was issued. The City recently updated its zoning on a citywide basis to conform with the City’s General Plan as updated in September

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2019. The City’s new citywide zoning regulations, called the Unified Development Code, became effective on October 22, 2022. The current zoning for the project site is Suburban Neighborhood- 8, which is intended to implement the General Plan designation applicable to the project site (Suburban Neighborhood- High), which allows single -family residential development with a density of 4-8 units per acre. However, under the prior zoning, the southwest corner of the project site at Avenue 40 and Madison Street was zoned Village Core to allow commercial uses, with zoning of Residential Low on the remaining 330 acres. Consistent with this prior zoning, Alternative 3 includes a 120,000 s quare foot retail commercial center on approximately 15 acres on the corner of Avenue 40 and Madison Street, and development of the remaining 363 acres at the same density as the project, which would result in 1,500 units. The homes in this alternative would not be age-restricted.

Finding and Facts in Support of Finding

The Prior Zoning - Commercial Component Alternative would result in incrementally greater impacts when compared to the project with respect to air quality, greenhouse gas emissions, schools, transportation, water service and supply, wastewater, and solid wa ste. Impacts related to Alternative 3 would be similar to agriculture, biological resources, cultural resources, energy, geology and soils, hydrology and water quality, land use and planning, noise, fire services, law enforcement, library facilities, and dry utilities. No significant impacts would be avoided or substantially reduced with Alternative 3.

The City Council of the City of La Quinta rejects the Prior Zoning - Commercial Component Alternative for the following reasons:

1. The Prior Zoning- Commercial Component Alternative would result in incrementally greater impacts when compared to the project with respect to air quality, greenhouse gas emissions, schools, transportation, water service and supply, wastewater, and solid waste.

2. No significant impacts would be avoided or substantially reduced with the Prior Zoning- Commercial Component Alternative.

3. The Prior Zoning- Commercial Component Alternative would not provide a highly amenitized, age-restricted community that aligns with and compliments the adjacent Sun City Shadow Hills Community.

The City Council therefore finds the Prior Zoning - Commercial Component Alternative - is unacceptable and rejects it.

Alternative 4: Residential project with Golf Course

The Residential project with Golf Course Alternative (Alternative 4) examines the impacts that would result from the development of a community similar to the existing Sun City Shadow Hills Communities located south and east of the project site. This alternative includes the development of a golf course on 80 acres of the project site, a Community Clubhouse with recreation facilities

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similar to the one included in the proposed project on 26 acres, 1,500 age-restricted homes on 270 acres with 2 acres of the perimeter of the site dedicated as public right-of-way similar to the project.

The homes in this alternative would be age-restricted.

Finding and Facts in Support of Finding

The Residential project with Golf Course Alternative would result in incrementally greater impacts when compared to the project with respect to transportation, water service and supply, wastewater, and solid waste. Impacts related to this Alternative would be similar to agriculture, biological resources, cultural resources, energy, geology and soils, hydrology and water quality, land use and planning, noise, fire services, law enforcement, library facilities, and dry utilities. No significant impacts would be avoided or substantially reduced with Alternative 4.

The City Council of the City of La Quinta rejects the Residential project with Golf Course Alternative for the following reasons:

1. The Residential project with Golf Course Alternative would result in incrementally greater impacts when compared to the project with respect to transportation, water service and supply, wastewater, and solid waste.

2. Impacts related to the Residential project with Golf Course Alternative would be similar to agriculture, biological resources, cultural resources, energy, geology and soils, hydrology and water quality, land use and planning, noise, fire services, law enforcement, library facilities, and dry utilities.

3. No significant impacts would be avoided or substantially reduced with the Residential project with Golf Course Alternative.

4. The Residential project with Golf Course Alternative would require additional water resources for the golf course.

The City Council therefore finds the Residential project with Golf Course Alternative is unacceptable and rejects it.

Alternative 5: Reduced Density

The Reduced Density Alternative (Alternative 5) examines the impacts that would result from the development of the 378-acre project site at a lower density than the proposed project, which has a gross density of 3 Dwelling Units per acre. This alternative assumes development with residential units at a gross density of 3 Dwelling Units per acre. This density would result in 1,135 single - family homes being developed on the site. The homes in this alternative would be age restricted.

Finding and Facts in Support of Finding

The Reduced Density Alternative would result in an incremental reduction in air quality, greenhouse gas emissions, water service and supply, wastewater collection and treatment, and

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solid waste impacts during operation of the project, but because the proposed project’s impacts are also mitigated to a level of less -than significant, Alternative 5 would not avoid or substantially lessen any significant impacts of the project. Impacts related to Alternative 5 would be similar to those for the project related to agricultural resources, biological resources, cultural resources, geology and soils, hydrology and water quality, noise, recreation, and dry utilities. Finally, impacts related to land use and planning would be increased due to the conflict with the City’s General Plan and California’s current housing policies.

The City Council of the City of La Quinta rejects the Reduced Density Alternative for the following reasons:

1. The Reduced Density Alternative would not avoid or substantially lessen any significant impacts of the project.

2. Impacts related to the Reduced Density Alternative would be similar to those for the project related to agricultural, resources, biological resources, cultural resources, geology and soils, hydrology and water quality, noise, recreation, and dry utilities.

3. Impacts related to land use and planning would be increased due to the conflict with the City’s General Plan and California’s current housing policies.

4. The following project objectives are only partially met with this Alternative:
• Develop a thoughtfully planned and integrated maste r-planned age-restricted residential community that aligns with and compliments the adjacent Sun City Shadow Hills community;
• Connect the new D esert Retreat community with the existing surrounding community by providing for multiple points of access for di fferent travel modes, including pedestrians, bicycles, golf carts and motor vehicles. • Provide a comprehensive land use plan that establishes development standards, land use regulations, and programs to guide the orderly transition/development of the property;
• Accommodate phasing that provides for a multi -year project buildout in an orderly and efficient manner;
• Establish design guidelines, development regulations, use standards and procedures that facilitate cohesive and attractive landscape and architectur al treatments;
• Provide a safe and efficient circulation system;
• Provide water, sewer, and drainage systems to adequately service the project;

5. The following project objectives will not be met with this Alternative:
• Promote quality development consistent with the goals and policies of the Indio General Plan.

The City Council therefore finds the Reduced Density Alternative is unacceptable and rejects it.

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Indio City CouncilAugust 16, 2023

Indio City Council
August 16, 2023