Agenda — Indio City Council, September 16, 2026 (part 10 of 17)

Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1083 of 2236 31 2. Finding Related to Substantial Effect on Any Species Identified as a Candidate, Sensitive or Special Status Species in Local or Regional Plans, Policies, or Regulations, or by the CDFW or the USFWS Project-related impacts to candidate, sensitive, or special status species could result in impacts.

The City finds changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen the significant effects on the environment and determines this impact to be less than significant. These impacts are mitigated to less than significant levels through implementation of Mitigation Measures BIO-1 through BIO-3, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

A project-specific Biology Report and Botanical Resources Survey Report were prepared by MIG, Inc. in January 2024 and May 2024, respectively (Appendix C.1 and C.2 of the DEIR).

Both reports included a literature review and field surveys of the site. The surveys determined that no USFWS Critical Habitat is located within or immediately adjacent to the project site.

Special Status Plant Species
The surveys of the site did not discover any of the nine special-status plant species listed above.

However, the species may occur in fine sands (dune sands) similar to those that are present in scattered locations of the project site, especially on the southwest portion. These plants have a lowered potential to occur due to the agricultural uses previously occurring on the site (classified as moderate rather than high potential), but due to the ongoing establishment of wind-blown dune sand (and seeds of plants that may travel along with the sand), there is still some potential that these special-status plant species could occur on the project site in the future, and therefore, Mitigation Measure BIO-1 is required. Per Mitigation Measure BIO-1, a pre-construction survey for special-status plants if the project is not developed within two years subsequent to CEQA document approval. Surveys shall be limited to areas with the aeolian fine/dune sands onsite and shall be conducted prior to ground disturbance at the project site.

Special Status Wildlife Species
As previously stated, six wildlife species occur or could occur onsite, even though the quality of habitat is relatively poor due to the prior disturbance of the site. Most of the species are covered under CVMSHCP, which means that Take Authorization is authorized through Incidental Take Permits issued by Agencies (CDFW/USFWS). Two species that are not covered by the CVMSHCP include the ferruginous hawk and prairie falcon, which are nesting birds. Native and ornamental trees, as well as various other substrates on the project site, have the potential to provide nesting habitat for bird species protected by the California Fish and Game Code (CFGC) Sections 3503 and 3513 and the Migratory Bird Treaty Act (MBTA). There is potential for ground- and tree-nesting birds to establish nests on the project site prior to any project-related construction. Construction activities including site mobilization, tree removal, other vegetation clearing, grubbing, grading, and noise and vibration from the operation of heavy equipment could result in significant direct (i.e., death or physical harm) and/or indirect (i.e., nest

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1084 of 2236 32 abandonment) impacts to nesting birds. The loss of an active nest of common or special-status bird species and/or their eggs or young because of project construction would be considered a violation of the CFGC, Section 3503, 3503.5, 3513 and the MBTA, and therefore would be considered a significant impact. Therefore, Mitigation Measure BIO-2 is recommended, and addresses the nesting birds that could reside on the project site. Mitigation Measure BIO-2 requires that to the extent feasible, construction activities should be scheduled to avoid the nesting season. 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. 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. Mitigation Measure BIO-2 ensures compliance with applicable law, including the MBTA, and would reduce impacts to nesting birds to a less than significant level.

Burrowing owls are currently present on the project site. Burrows and other round structures present on the property provide habitat for burrowing owl. Suitable habitat type (Disturbed and/or Developed) for the burrowing owl was also determined to be present on-site. Construction activities may impact burrowing owls in a manner like nesting bird species, as discussed above.

Because of the presence of burrowing owls during the field surveys, Mitigation Measure BIO-3 requires pre-construction surveys and avoidance measures to reduce the probability of burrowing owls encroaching or migrating to the property. Additionally, if burrowing owls are found onsite, coordination with Wildlife Agencies shall be done as soon as possible prior to construction to develop a plan for avoidance and/or translocation prior to construction crews initiating any ground disturbance on the project site.

Through the required participation in the CVMSHCP via payment of development fees, the project shall mitigate for any impacts to the Coachella Valley milkvetch and the other four wildlife species covered by the CVMSHCP. With the implementation of Mitigation Measure BIO-1 through BIO-3 and payment of development fees to CVMSHCP, impacts for the species discussed above will be less than significant.
ii. Substantial Adverse Effects on the Movement of Any Native Resident or Migratory Fish or Wildlife Species, or Migratory Wildlife Corridors Movement and habitat fragmentation occurs when a proposed action results in a single, unified habitat area being divided into two or more areas such that the division isolates the two new areas from each other. Isolation of habitat occurs when wildlife cannot move freely from one portion of the habitat to another or from one habitat type to another.

Given that the project property is not within a CVMSHCP-designated wildlife corridor, is situated adjacent to urban/suburban development, and lacks high-quality habitat for migratory species, the proposed project is not expected to significantly affect the movement of wildlife species within established native resident or migratory wildlife corridors, nor hinder the use of native wildlife nursery sites. However, the project site is expected to be utilized by common, non-special-status wildlife for foraging and breeding, and during the MIG surveys, burrowing owls were found on the project site. The site has the potential to support other nesting birds as well which are all protected by CFGC and by the MBTA.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1085 of 2236 33 1. Mitigation Measures:

To avoid or substantially reduce impacts to nesting birds, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

BIO-2: Nesting Birds. To the extent feasible, construction activities should be scheduled to avoid the nesting season. 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. 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 the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results.

Construction activities may not occur inside the established buffers, which shall remain on-site until a qualified biologist determines the young have fledged or the nest is no longer active. Active nests and adequacy of the established buffer distance shall be monitored daily 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.

BIO-3: Burrowing Owl Surveys. Suitable burrowing owl habitat has been confirmed on the site; therefore, focused burrowing owl surveys shall be conducted by a qualified biologist according to the Staff Report on Burrowing Owl Mitigation (CDFG, 2012 or most recent version) prior to vegetation removal or ground-disturbing activities. If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall begin coordination with CDFW and USFWS immediately, and 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, mitigation, 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 impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe minimization and relocation actions that will be 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

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1086 of 2236 34 occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Project proponent shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval.

Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project-related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG, 2012 or most recent version). Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for review and approval prior to commencing Project activities.

2. Finding Related to Impacts to Movement of Wildlife Species or Wildlife Corridors
The project would result in impacts related to the movement of fish or wildlife 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 effects as identified in the Final EIR. However, such effects will be mitigated to less than significant levels through implementation of Mitigation Measure BIO-2 and BIO-3, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval. The City determines this impact to be less than significant.

Facts in Support of Finding:

Development of the site while nesting birds are present would have a significant environmental impact. The federal MBTA makes it unlawful to “take” any migratory bird including their nests, eggs, or products. Migratory birds include geese, ducks, shorebirds, raptors, songbirds, and many others. As previously stated, ferruginous hawk and prairie falcon could occur on the site, and the burrowing owl was found on the project site during the field surveys.

To address this, construction activities should be conducted outside the general bird nesting season (February 1 through September 1) to ensure compliance with CFGC and to avoid impacts to nesting birds. Any construction activities that occur during the nesting season shall require that all suitable habitats be thoroughly surveyed for the presence of nesting birds by a qualified biologist before commencement of construction. If any active nests are detected a buffer of 100 feet (300 feet for raptors) around the nest adjacent to construction shall be delineated, flagged, and avoided until the nesting cycle is complete. This is required as Mitigation Measure BIO-2.

Regarding burrowing owls, pre-construction surveys shall be conducted in accordance with an accepted protocol (in coordination with the Wildlife Agencies). Because of the presence of

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1087 of 2236 35 burrowing owls on the project site during the field surveys, if burrowing owls are found during the pre-construction survey, coordination with the Wildlife Agencies shall be done as soon as practical prior to construction to develop a plan for avoidance and/or translocation prior to construction crews initiating any ground disturbance on the project site. This is addressed in Mitigation Measure BIO-3. The implementation of Mitigation Measure BIO-2 and Mitigation Measure BIO-3 would reduce the impact to movement of any native wildlife species, or possible existence of migratory wildlife corridors or nursey site to less than significant levels.
iii. Conflict With Any Local Policies or Ordinances Protecting Biological Resources, Such As A Tree Preservation Policy or Ordinance, or Conflict With The Provisions of An Adopted Habitat Conservation Plan, Natural Community Conservation Plan, or Other Approved Local, Regional, or State Habitat Conservation Plan
The project site’s land has been disturbed through agricultural and industrial activities for many years, making the vegetation sparse and mostly ruderal. The project lies within the boundary of the CVMSHCP which outlines policies for conservation habitats and natural communities and is implemented by the City of Indio.

1. Mitigation Measures:

To avoid or substantially reduce conflicts with any local policies or ordinances protecting biological resources (i.e., a tree preservation policy or ordinance or an adopted habitat conservation plan), the following mitigation measure are hereby adopted and will be implemented consistent with the MMRP:

BIO-4: 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 and transfer of revenues to the Coachella Valley Conservation Commission.

2. Finding Regarding Local Policies or Ordinances Protecting Biological Resources, or Habitat Conservation Plan, or Natural Community Conservation Plan
The project could conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, or conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan described above and further discussed in the FEIR, 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 BIO-4, as recommended in the FEIR, which has been

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1088 of 2236 36 adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

The project shall be required to pay the CVMSHCP mitigation fee to mitigate the loss of habitat for covered species in the Coachella Valley, as implemented by Mitigation Measure BIO-4.

There are no other local, regional, or state habitat conservation plans currently in place other than the CVMSHCP that are applicable to the proposed project. Therefore, the project shall have no impacts on local policies or ordinances protecting biological resources, or with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

C. CULTURAL RESOURCES
i. Adverse Change in the Significance of an Archaeological Resource Archaeological resources are described as cultural resources, such as structures or objects that provide evidence of past human activity. They are important for scientific, historic, and/or religious reasons to cultures, communities, groups, or individuals.

A project-specific Cultural Report was completed for the project site by CRM Tech (Appendix D.1 of the DEIR). The Cultural Report included a records search, historical background research, notification of Native American representatives, and an intensive-level field survey of the entire project area, to identify cultural resources in the project area. Within the one-mile scope of the records search, past studies resulted in the recordation of 54 additional cultural resources, 35 prehistoric archaeological sites, five prehistoric isolates, and 14 historic-period sites. The prehistoric findings are Native American in origin, which attests to the rich archaeological heritage of the City. The prehistoric sites typically consisted of scattered ceramic, lithic, and groundstone artifacts but also included more substantial finds such as habitation remains, hearths, and human cremations, some of them in subsurface deposits, and two of the five isolates were potsherds while two were mano fragments and the last was a lithic flake. Most of these prehistoric resources were recorded in clusters to the west and southwest. Considering these past findings, the City of Indio has assigned the project vicinity a high sensitivity for prehistoric/ethnohistoric cultural resources. (The potential for the project to impact Tribal Cultural Resources is separately discussed in DEIR Section 4.17, and separate findings are made below.)

1. Mitigation Measures:

To avoid or substantially reduce impacts to archaeological resources, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1089 of 2236 37 activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe.

2. Finding Related to Adverse Changes of a Significant Archaeological Resource
The project would result in impacts to archaeological resources described above and further discussed in the EIR. However, 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 CUL-1, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

Past studies in the vicinity resulted in the recordation of 14 historic-period sites, which included six residential buildings, a farmstead, a mobile home park, the Coachella Valley Stormwater Channel, a packinghouse from the 1930s-1950s era, the Southern Pacific (now Union Pacific) Railroad, and two refuse deposits. One of the nearest known cultural resources outside the project boundaries but within the one-mile scope of the records search is the Coachella Canal (Site 33-005705/CA-RIV-12999H), the 485-mile-long, concrete-lined canal completed between 1947 and 1954 to transport Colorado River water for irrigation in the Coachella Valley. It lies west of the project boundary and had no potential for any impact from the proposed project.

None of the other sites or isolates were found in the immediate vicinity of the project location.

Therefore, none of these sites or isolates requires specific consideration.

A total of seven potential archaeological resources, including three prehistoric sites and four isolates, were identified as lying within the project boundaries during CRM TECH’s field study.

Based on field observations and the historical/archaeological context of the project location, it was further determined that the four isolates do not meet CEQA definition of “historical resources” and require no further study.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1090 of 2236 38 Due to the possibility of additional cultural remains in subsurface deposits, the significance of the three prehistoric sites in the project area and their qualifications as “historical resources” could not be determined without further archaeological investigations. Conducting the Phase II Report determined the horizontal and vertical extent of Sites 3908-1, 3908-6, and 3908-7, and ascertained whether the sites have an intact subsurface deposit. To accomplish these objectives, CRM TECH performed a series of standard Phase II archaeological field procedures, including a systematic re-survey of the sites, collection of surface artifacts, and the excavation of surface scrapes, shovel test pits, and test units, as well as laboratory analyses of the recovered artifacts (Appendix D.3 of the DEIR).

It was discovered in the Phase II Report that Sites 3908-1, 3908-6, and 3908-7 contained limited prehistoric cultural materials and were found not to contain substantial subsurface components.

Altogether, the sites have yielded little data, and essentially no new or important data to add to the existing knowledge of prehistoric lifeways in this region. The sites lack sufficient archaeological data potential to be considered eligible for listing in the California Register of Historical Resources.

Although no known significant “historical resources” exist within the project area, the project area does retain a demonstrated sensitivity for cultural remains from the prehistoric period.

Therefore, all earth-moving operations impacting the relatively undisturbed native soils shall be monitored by a qualified archaeologist and a Native American monitor from the applicable local tribes, such as the Cabazon Band of Mission Indians or the Torres Martinez Desert Cahuilla Indians. This is required in Mitigation Measure CUL-1.

Therefore, with implementation of Mitigation Measure CUL-1, impacts to archaeological resources shall be less than significant.
ii. Disturb any Human Remains
The project occurs in a highly sensitive area, and ground disturbing activities could result in the identification of additional resources, including cremations.

1. Mitigation Measures:

To avoid or substantially reduce disturbance to any human remains, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1091 of 2236 39 during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe.

CUL-2: 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.

2. Finding Related to Human Remains
The project would result in impacts to human remains described above and further discussed in the EIR. However, 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 CUL-1 and CUL-2, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

As previously stated, the project occurs in a highly sensitive area, and ground-disturbing activities could uncover remains or cremations. Therefore, pursuant to the California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native American or has reason to believe that they are those of Native American, the coroner shall contact the Native American Heritage Commission within 24-hours. Compliance with the California Health and Safety Code shall ensure that proper actions shall be taken in the event of a discovery or recognition of any human remains during project construction activities. This is required in Mitigation Measure CUL-2. In addition,

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1092 of 2236 40 Mitigation Measure CUL-1, recommends that all earth-moving operations impacting the relatively undisturbed native soils shall be monitored by a qualified archaeologist and a Native American monitor from the applicable local tribes. Therefore, with compliance with State law and the implementation of Mitigation Measure CUL-1 and CUL-2, the impact to human remains shall be less than significant.

D. GEOLOGY AND SOILS.
i. Directly or Indirectly Cause Substantial Adverse Effects, Including the Risk of Loss, Injury, or Death Involving Strong Seismic Ground Shaking Regional faults, including the San Andreas and San Jacinto fault zones, could generate moderate to severe ground shaking in the planning area. Factors that determine the effect of ground motion and the degree of structural damage that may occur include intensity of the earthquake, distance between epicenter and site, soil and bedrock composition, depth to groundwater, presence of ridge tops, and building design and other criteria.

The project site is located approximately 2.2 miles southwest of the closest active fault zone, the San Andreas Fault. Due to the multiple active faults in the project’s vicinity, the site has been subjected to past ground shaking, and strong seismic shaking is expected during the design life of the proposed project (Geotechnical Investigation, DEIR Appendix E, and page 4.7-16 of the DEIR). Per Indio Municipal Code 162.110 recommendations from approved Geotechnical Reports must be incorporated into project grading plans and specifications and the following Measure are a selected subset of these recommendations based on topic.

1. Mitigation Measures:

To avoid or substantially reduce adverse effects associated with seismic-related ground shaking, the following mitigation measures (as recommended by the Geotechnical Investigation (DEIR Appendix E)) are hereby adopted and will be implemented consistent with the MMRP:

GEO-1 All earthwork including excavation, backfill and preparation of the subgrade soil, shall be performed in accordance with the recommendations of the Geotechnical Investigation and with the most current seismic design coefficients and ground motion parameters and all applicable recommendations of the Geotechnical Report and provisions of the CBC.

GEO-2 Site Clearing: Areas to be graded shall be cleared of any existing improvements, foundation elements, vegetation, associated root systems, and debris. All areas scheduled to receive fill should be cleared of old fills and any irreducible matter. The unsuitable materials should be removed off site or stockpiled for later use in the landscape areas. Voids left by obstructions should be properly backfilled in accordance with the compaction recommendations of this report.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1093 of 2236 41 native low density near surface soil should be removed to a depth of at least 5 feet below existing grade or 4 feet below the bottom of the footings, whichever is deeper. Remedial grading should extend laterally a minimum of five feet beyond the building foundations. The soil exposed by overexcavation should be scarified, moisture conditioned to near optimum moisture content, and compacted to at least 90 percent relative compaction prior to fill placement.

GEO-4 Preparation of the Commercial/Residential Building Areas: In order to provide firm and uniform bearing conditions, over-excavation and recompaction are required throughout the building areas. All artificial fill soil and low density near surface native soil should be removed to a depth of approximately 4 feet below existing grade or 3 feet below the bottom of the footings, whichever is deeper. Remedial grading should extend laterally, a minimum of five feet beyond the building perimeter. The exposed surface should then be scarified, moisture conditioned to within two percent of optimum moisture content, and compacted to at least 90 percent relative compaction.

GEO-5 Compaction: Soil to be used as engineered fill should be free of organic material, debris, and other deleterious substances, and shall not contain irreducible matter greater than three (3) inches in maximum dimension. All fill materials shall be placed in thin lifts not exceeding six inches in a loose condition at near optimum moisture content. If import fill is required, the material shall be of a non-expansive nature and shall meet the following criteria:

Plastic Index Less than 12
Liquid Limit Less than 35
Percent Soil Passing #200 Sieve Between 15% and 35%
Maximum Aggregate Size 3 Inches
The subgrade and all fill material shall be compacted with acceptable compaction equipment, to at least 90 percent relative compaction. The bottom of the exposed subgrade shall be observed by a representative of Sladden Engineering prior to fill placement. Compaction testing shall be performed in order to verify proper compaction. Excavation and compaction recommendations are summarized in the Geotechnical Investigation.

2. Finding Related to Strong Seismic Ground Shaking
The project could result in impacts of seismic-related ground shaking, described above and further discussed in the Draft/Final EIR. However, 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

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1094 of 2236 42 through GEO-5, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

The proposed development shall be constructed in a manner that reduces the risk of seismic hazards (Title 24, California Code of Regulations). According to project-specific Geotechnical Investigation (Appendix E of the DEIR) and the most recent California Building Code (CBC), Site Class D may be used to estimate design seismic loading for the project’s structures. Since the Geotechnical Report was finalized, the City of Indio has adopted 2022 CBC. City Municipal Code Section 8.02.010 adopts the 2022 CBC for regulating the construction, alteration, movement, replacement, repair, equipment use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. The proposed project shall comply with the most current seismic design coefficients and ground motion parameters and all applicable provisions of the CBC, as stated in Mitigation Measure GEO-1, specifically Chapter 16 of the CBC, Structural Design, Section 1613, Earthquake Loads in order to reduce impacts of seismic ground shaking activity.

Additionally, all areas to be graded shall be cleared of any existing foundations, vegetation, associated root systems, and debris. Cavities created from removal should be backfilled in accordance with the compaction recommendations of the project-specific Geotechnical Investigation. This is required by Mitigation Measure GEO-2. Remedial grading at the project site shall include over-excavation and/or re-compaction of the artificial fill and primary foundation bearing soil. The removal of all artificial fill and native low density near surface soil would provide firm and uniform foundation bearing conditions. The removal of onsite loose surface soil would ensure that the presence of potentially compressible and expansive nearsurface native soil and seismic settlements do not occur at the project site. This is required by Mitigation Measure GEO-3 through GEO-5.

With the implementation of the appropriate building codes, and Mitigation Measures GEO-1 through GEO-5, impacts related to strong seismic shaking at the project site would be reduced to less than significant levels.
ii. Result in Seismic-Related Ground Failure, Including Liquefaction Liquefaction occurs in areas of loose, unconsolidated soils with relatively shallow groundwater depths (50 feet or less) during ground shaking a relatively long duration and intensity over 0.2 g (the acceleration due to gravity on the surface of the Earth). The sudden increase in water pressure in pores between soil grains may substantially decrease soil shear strength, and the soil takes on the qualities of a liquid or a semi-viscous substance. This loss of soil strength can result in ground settlement, ground undulation, lateral spreading or displacement, and flow failures.

Structures may sink or tilt as bearing capacity decreases, causing substantial damage. Other effects of liquefied soils include a loss of bearing strength, ground oscillations, lateral spreading, and ground lurching and slumping. This is a significant impact.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1095 of 2236 43 1. Mitigation Measures:

To avoid or substantially reduce adverse effects associated with seismic ground failure, the following mitigation measures (as recommended by the Geotechnical Investigation (DEIR Appendix E)) are hereby adopted and will be implemented consistent with the MMRP:

GEO-3 Preparation of Industrial/Warehouse Building Areas: In order to provide firm and uniform foundation bearing conditions, over-excavation and recompaction are required throughout the building areas. All artificial fill and native low density near surface soil should be removed to a depth of at least 5 feet below existing grade or 4 feet below the bottom of the footings, whichever is deeper. Remedial grading should extend laterally a minimum of five feet beyond the building foundations. The soil exposed by overexcavation should be scarified, moisture conditioned to near optimum moisture content, and compacted to at least 90 percent relative compaction prior to fill placement.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1096 of 2236 44 material shall be of a non-expansive nature and shall meet the following criteria:

2. Finding Related to Seismic Related Ground Failure
The project could result in impacts related to seismic ground failure described above and further discussed in the Draft/Final EIR. However, 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-5, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

Based on the Indio General Plan, the City could experience seismic shaking levels that have the potential for liquefaction in areas where groundwater is generally shallower than 30 feet. The Seismic Hazards Map (Figure 10-1 in the General Plan) indicates that the project site is located in an area with moderate susceptibility to liquefaction. In order to assess the subsurface conditions, Sladden Engineering conducted a field investigation by drilling 25 exploratory boreholes onsite. Groundwater was not encountered at depths of approximately 51 feet bgs.

Therefore, based on the conditions encountered during the field investigation, liquefaction is not likely to occur at the project site. Although groundwater is located at depths greater than 50 feet at the project site, remedial grading within the proposed new building areas shall be required to include the removal and re-compaction of any loose surface soil; stripping areas of vegetation, associated root systems, and debris; and the over-excavation and re-compaction of soils throughout building and foundation areas. This is required by Mitigation Measures GEO-1 through GEO-5 and would ensure that the soil is absent of debris, organic material, and loose surface soil and compacted to provide firm and uniform foundation bearing conditions, as recommended in the project-specific Geotechnical Investigation (Appendix E of the DEIR). With the implementation of Mitigation Measures GEO-1 through GEO-5, impacts of seismic related ground failure at the project will be reduced to less than significant levels.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1097 of 2236 45 iii. Result in Soil Erosion or Loss of Topsoil
The project site is subject to windborne, waterborne, and human-caused erosion. Project development could cause significant adverse erosion effects, including the generation of fugitive dust. Chapter 155 of the City of Indio Municipal Code establishes guidelines and requirements related to reducing soil erosion throughout the City. Per Chapter 155, protection shall be provided by means of windbreaks, walls, fences, planting, and maintaining vegetation, covering the land, applying water or other material, or other effective methods of combination of methods of holding the soil in place.

1. Mitigation Measures:

To avoid or substantially reduce adverse effects associated with erosion, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

GEO-6 Project Grounds: The project shall be required to maintain landscaping and irrigation systems to ensure that overwatering of plants (which leads to waterborne erosion) does not occur.

2. Finding Related to Soil Erosion or Loss of Topsoil
The project could result in effects relating to erosion described above and further discussed in the Draft/Final EIR. However, 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-6, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement and project conditions of approval.

Facts in Support of Finding:

The construction of this project would involve ground disturbing activities, such as the clearing and grubbing of existing vegetation, and grading of the property. These activities would increase the potential of soil erosion at the time of development. In order to reduce the effect of windborne erosion at the project site, the project shall be required to implement the Coachella Valley PM10 State Implementation Plan requirement for a Fugitive Dust Control Plan. The purpose of this plan is to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic fugitive dust sources by requiring actions to prevent, reduce or mitigate fugitive dust emissions. The project property shall implement the best management practices (BMPs) for on- and off-site improvements outlined within their project-specific Fugitive Dust Control/ PM10 Plan during construction of the project site. Additionally, each phase of construction would develop BMPs to protect previous phase occupants.

The project property would also be subject to waterborne erosion during project construction and operation. The project is required to comply with the most current Construction General Permit (CGP) during construction. Compliance with the CGP involves the development and implementation of a project-specific Stormwater Pollution Prevention Plan (SWPPP), which is designed to reduce adverse impacts to surface water quality during the period of construction.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1098 of 2236 46 The implementation of a SWPPP during construction activities will help to prevent substantial soil erosion or the loss of topsoil during construction.

During operation of the project, landscaped areas would include ground coverings that would stabilize the ground surface. Irrigation systems (i.e., sprinklers or drip irrigation) would also be maintained during project operation to ensure that overwatering of plants (which leads to waterborne erosion) does not occur. This is required in Mitigation Measure GEO-6.

Additionally, the project would introduce impervious, paved areas throughout the property. The impervious surfaces would reduce the potential for erosion during operation by stabilizing the ground surface and minimizing the amount of exposed soil. Drainage and retention facilities would also be maintained during project operation to ensure their intended function. A projectspecific Water Quality Management Plan (WQMP) is required to ensure that the project implements adequate storm water conveyances and treatment throughout the site during operations. The WQMP includes guidelines for facility maintenance and other operations aimed at complying with local surface water quality requirements. The WQMP incorporates grading, hydrology, and other plans to document the site design, source controls, and treatment controls with a required operation and maintenance program to comply with water quality objectives.

The implementation of Mitigation Measure GEO-6 would ensure that impacts from erosion created from the project site will be less than significant. iv. Located on an Unstable Geologic Unit Resulting in Potential for On-Site or Off-site Lateral Spreading, Subsidence, Liquefaction or Collapse During the field investigation of the project site, a thin mantle of artificial fill soil generally less than three feet in depth was encountered throughout the project site. Native earth materials encountered within the bores consist primarily of interbedded alluvium and lacustrine deposits consisting of silty sand (SM) sandy and clayey silt (ML) and sand (SP). Granular horizons appeared grayish brown, dry to moist, loose to medium dense, and fine- to coarse-grained.

Cohesive layers appeared grayish brown to olive brown, slightly moist to moist, medium stiff to very stiff, and exhibited low to high plasticity characteristics. Unstable soil conditions at the project site could result in significant impacts.

1. Mitigation Measures:

To avoid or substantially reduce adverse effects associated with development on an unstable geologic unit or expansive soil, the following mitigation measures (as recommended by the Geotechnical Investigation (DEIR Appendix E)) are hereby adopted and will be implemented consistent with the MMRP:

GEO-1 All earthwork including excavation, backfill and preparation of the subgrade soil, shall be performed in accordance with the recommendations of the Geotechnical Investigation and with the most current seismic design coefficients and ground motion parameters and all applicable recommendation of the Geotechnical Report and provisions of the CBC.

GEO-2 Site Clearing: Areas to be graded shall be cleared of any existing improvements, foundation elements, vegetation, associated root systems,

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1099 of 2236 47 and debris. All areas scheduled to receive fill should be cleared of old fills and any irreducible matter. The unsuitable materials should be removed off site or stockpiled for later use in the landscape areas. Voids left by obstructions should be properly backfilled in accordance with the compaction recommendations of this report.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1100 of 2236 48 compaction recommendations are summarized in the Geotechnical Investigation.

GEO-6 Project Grounds: The project shall be required to maintain landscaping and irrigation systems to ensure that overwatering of plants (which leads to waterborne erosion) does not occur.

2. Finding Regarding On-Site or Off-site Lateral Spreading, Subsidence, Liquefaction or Collapse
The project could result in effects relating to unstable soil conditions described above and further discussed in the Draft/Final EIR. However, 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-6, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

Due to the depth to groundwater (greater than 50 feet below ground surface) and the relatively flat character of the site, liquefaction, landslides and rockfalls are not anticipated to result in impacts. Additionally, excessive withdrawal of water is not anticipated at the site, therefore, the potential for subsidence is considered low and impacts would be less than significant.

The project is required to remove debris, vegetation, undocumented fill soil, and loose soil from the existing soil, and compact the soil using controlled compacted fill, as provided in Mitigation Measures GEO-2 through GEO-5. The implementation of the mitigation measures would ensure that impacts associated with soil collapse are reduced to less than significant levels.

Grading plans and structural engineering plans would be reviewed and approved by the City. The project would be conditioned to comply with the current CBC standards, City requirements, and recommendations stated within the project-specific Geotechnical Investigation to reduce the impacts of potentially unstable soils. The recommendations provided are included as Mitigation Measures GEO-1 through GEO-6, which require the project to remove debris, vegetation, undocumented fill soil, and loose soil from the existing soil, and compacted using controlled compacted fill. The subgrade and fill material shall be compacted with acceptable compaction equipment. The implementation of these mitigation measures prior to and during project grading and construction would ensure that foundation bearing conditions are firm and uniform, therefore, reducing impacts of collapse, lateral spreading, and liquefaction to less than significant levels.
v. Located on Expansive Soil
The project-specific Geotechnical Investigation conducted an Expansion Index (EI) test of select samples on the project site to evaluate expansive potential of the materials underlying the property (Appendix E of the DEIR). Based on the laboratory testing, the materials underlying the site are considered to have “very low” to “medium” expansion potential.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1101 of 2236 49 1. Mitigation Measures:

To avoid or substantially reduce adverse effects associated with expansive soil, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

GEO-1 All earthwork including excavation, backfill and preparation of the subgrade soil, shall be performed in accordance with the recommendations of the Geotechnical Investigation and with the most current seismic design coefficients and ground motion parameters and all recommendations of the Geotechnical Report and applicable provisions of the CBC.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1102 of 2236 50 material shall be of a non-expansive nature and shall meet the following criteria:

GEO-6 Project Grounds: The project shall be required to maintain landscaping and irrigation systems to ensure that overwatering of plants (which leads to waterborne erosion) does not occur.

GEO-7 Soil Expansion Reevaluated: After grading occurs at the project site, the expansion potential shall be re-evaluated in accordance with the UBC Standard 18-2. Based on the laboratory testing, the materials underlying the site before grading were considered to have “very low” to “medium” expansion potential.

2. Finding Regarding Expansive Soils
The project could result in effects relating to development on expansive soil described above and further discussed in the Draft/Final EIR. However, 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-7, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

To reduce the presence of expansive soils at the project, the project shall remove and re-compact any loose subsurface soil during construction. If imported fill is required, the material should be of a non-expansive nature and should meet the criteria outlined within the Geotechnical Investigation. After grading occurs at the project site, the expansion potential should be reevaluated, as required by Mitigation Measure GEO-7. The project shall comply with the recommendations established within the project-specific Geotechnical Investigation and outlined as Mitigation Measures GEO-1 through GEO-7, to ensure the foundational safety of the project site. With the implementation of these measures, the impact of expansive soils at the project site is reduced to less than significant levels.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1103 of 2236 51 vi. Impacts to a Unique Paleontological Resource, Site or Unique Geologic Feature
CRM Tech prepared a project-specific Paleontological Report on December 8, 2022, on the currently vacant project property (Appendix F of the DEIR). The Paleontological Report was designed to identify any significant, non-renewable paleontological resources that may exist within or adjacent to the project area, and to assess the possibility for such resources to be encountered in future excavation and construction activities. In order to identify any paleontological resource localities that may exist in or near the project area, CRM Tech initiated records searches at the appropriate repositories, conducted a literature review, and carried out a systematic field survey of the project area. Findings from the research procedures indicate that the project’s potential to impact significant paleontological resources appears to be low based on the relatively young age of deposition of the alluvial sand and clay deposits at the surface. Deep excavations extending into the older Pleistocene alluvial sediments, however, may encounter vertebrate fossil remains at substantial depth (page 4.7-23 of the DEIR).

1. Mitigation Measures:

To avoid or substantially reduce 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:

GEO-8 All earth-moving operations reaching beyond the depth of three feet below the current ground surface shall be monitored periodically for potential paleontological resources, with a full-time monitoring program implemented if potentially fossiliferous soils are encountered. The monitor shall be prepared to quickly salvage fossils as they are unearthed to avoid construction delays and shall collect samples of sediments that are likely to contain fossil remains of small vertebrates or invertebrates. The monitor must have the power to temporarily halt or divert grading equipment to allow for the removal of specimens.
• Samples of sediments shall be collected and processed to recover small fossil remains.
• Recovered specimens shall be identified and curated at a repository with permanent retrievable storage.
• A report of findings, including itemized inventory of recovered specimens, shall be prepared upon completion of the procedures outlined above. The report shall include a discussion of the significance of the paleontological findings, if any. The report and the inventory, when submitted to the City of Indio, would signify completion of the program to mitigate potential impacts on paleontological resources.

Qualifications of the paleontological monitor typically include having an undergraduate degree (preferably in paleontology or geology, but also related fields and/or course work) and, especially, training and experience.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1104 of 2236 52 The paleontological monitor can recognize fossils and fossiliferous sediments and has the skill and experience to recover paleontological resources. The monitor, besides having experience and training, is working under the direction of a qualified paleontologist (a person with an advanced degree in paleontology and/or geology and with experience). A qualified paleontologist will assist the monitor if paleontological resources are encountered.

2. Finding Regarding Paleontological Resources
The project could result in effects relating to paleontological resources described above and further discussed in the Draft/Final EIR. However, 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-8, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

CRM Tech completed a field survey on August 24, and September 2 and 12, 2022 of the project area. The field survey yielded negative findings for potential paleontological resources, and no surficial indications of any fossil remains were observed within or adjacent to the project area.

Field observations confirmed that the ground surface in the project area has been extensively disturbed by past agricultural use.

Although record searches, literature reviews and field surveys were conducted for the project, the Paleontological Report did not discover paleontological resources in or around the project site.

However, all earthmoving operations reaching beyond the depth of three feet shall be monitored periodically for potential paleontological resources, with a full-time monitoring program implemented if potential fossiliferous soils are encountered. This is required as Mitigation Measure GEO-8. With implementation of this mitigation measure, impacts to paleontological resources on the project site shall be reduced to less than significant levels.

E. GREENHOUSE GAS EMISSIONS
i. Conflict with an Applicable Plan, Policy or Regulation Adopted for the Purpose of Reducing the Emissions of Greenhouse Gases
Applicable plans, policies and regulations reducing the emissions of greenhouse gases include the 2022 Scoping Plan, City of Indio Climate Action Plan (CAP), Sustainable Freight Plan and ACT Program, and Southern California Association of Governments (SCAG) 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (2020-2045 RTP/SCS).

Conflicts with these plans would result in a significant impact.

1. Mitigation Measures:

To mitigate impacts concerning GHG emissions, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1105 of 2236 53 GHG‐1: Reduce Appliance Energy Consumption and GHG Emissions. To reduce potential GHG emissions from appliance‐related energy consumption, all developer‐installed refrigerators, dishwashers, clothes washers and dryers, and room air conditioners shall be Energy Star certified products.

GHG‐2: Maximize Solar Roof Access Area. To reduce building energy related GHG emissions, all future residential, commercial, and industrial development shall design roof areas to maximize the solar access roof area by:
1) Minimizing roof areas occupied by other building systems, shading from natural features, external structures, and, for low‐sloped roofs, components of the building itself.
2) Maximizing solar roof access area by covering exterior parking areas with shade control structures that are compatible with photovoltaic systems. This shall only be required if the primary building’s rooftop photovoltaic system does not already meet the minimum photovoltaic system size pursuant to the version of the building energy efficiency standards code in effect at the time a project submits its building permit application. The current 2022 Building Energy Efficiency Standards establish minimum PV system size for multifamily residential development with three or less habitable stories using equation 170.2‐C, Annual Photovoltaic Electrical Output, and for multifamily residential development with four or more habitable stories using Equation 170.2D, Photovoltaic Direct Current Size.

GHG‐3: Reduce Building Energy Consumption and GHG Emissions. To reduce potential GHG emissions associated with the performance of the building envelope and systems components covered by Title 24 of the California Code of Regulations, all buildings in the project area shall be designed to have a total energy design rating that is at least 5% less than the standard building design for Climate Zone 15. The energy budget for the standard design building and the energy budget for the proposed design building shall be determined in accordance with the definitions and approach set forth in the version of the Building Energy Efficiency Standards (Energy Code) that is in effect at the time of building permit approval, unless the city Indio has adopted local requirements that are more stringent than the Energy Code. The requirement to reduce a project’s energy budget by 5% below the standard design building shall not apply if the Energy Code or the city of Indio has already established a zero net energy requirement for the standard design building.

2. Finding Related to Conflicts with Applicable Plan, Policy or Regulation Adopted to Reduce Greenhouse Gas Emissions
The project would not conflict with applicable plans, policies, and regulations adopted to reduce greenhouse gas emissions described above and further discussed in the Draft/Final EIR, changes

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1106 of 2236 54 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 GHG-1, GHG-2, GHG-3 and AIR-2 through AIR-7, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

The project could conflict with certain Indio CAP strategies and implementations actions; however, the implementation of Mitigation Measures GHG-1 to GHG-3 and AIR-2 to AIR-7 would ensure that the proposed project and future development within the project area achieves the greatest feasible consistency with the CAP (see Table 4.8-8 in the DEIR) and would not obstruct its implementation such that significant impacts would result.

Although the 2022 Scoping Plan is statewide in nature, Appendix D to the Plan identifies non‐binding, potential actions that could be undertaken at a local level to support the State’s climate goals. These actions primarily relate to preparing and implementing a qualified Climate Action Plan (CAP) at the local level, but also include specific recommendations regarding the types of measures qualified CAPs should consider aligning local actions with those being undertaken at the state‐level. Appendix D of the project-specific Energy and GHG Report also outlines project attributes for residential and mixed‐use projects to qualitatively determine consistency with the 2022 Scoping Plan; however, the plan criteria for qualitatively evaluating the consistency of other land uses (e.g., industrial) with the 2022 Scoping Plan Update.

The City of Indio has a qualified CAP that achieves consistency with the State’s 2030 GHG reduction target established by SB 32 and puts the city on a path to achieve GHG emissions levels in 2040 that would be consistent with State GHG reduction goals. The CAP does not address the State’s goal to achieve carbon neutrality by 2045 because AB 1279 was passed after the CAP was adopted; however, Mitigation Measures GHG‐1 to GHG‐3 and AIR‐2 to AIR‐7 include feasible actions that require energy efficiency increases in new buildings and the installation of EV infrastructure, both of which are fundamental strategies identified in the 2022 Scoping Plan for achieving carbon neutrality by 2045. The proposed project, therefore, would support the overarching goals of the 2022 Scoping Plan Update. This impact would be less than significant.

The proposed project would not conflict with either the Sustainable Freight Plan or the ACT Program. Although the proposed project would include the use of diesel trucks during operation, the Sustainable Freight Plan and ACT Program would be implemented at the state level. As discussed above, the proposed project includes AIR‐5 to AIR‐7, which include feasible actions that require the installation of EV infrastructure to support the transition to zero emission trucks / near zero emission trucks over the next few decades. The proposed project’s GHG emissions, however, would benefit (i.e., be reduced) over the long‐term with or without these measures as older, less fuel‐efficient, and higher polluting engines are decommissioned and replaced by newer, cleaner engines and ZEV trucks. This impact would be less than significant.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1107 of 2236 55 The project would not generate a significant VMT impact for the Maximum Buildout Scenario.

The retail land use meets the VMT screening criteria, and the project would not exceed the County of Riverside’s baseline or cumulative thresholds for residential or office (industrial) development for the Maximum Buildout Scenario (LLG, 2023b). Additionally, the project has characteristics, such as higher than average residential density and mixed‐use developments, which would align with plans to lower VMT. For these reasons, the project would not conflict with or otherwise obstruct implementation of Connect SoCal. This impact would be less than significant. The proposed Scenario 2 Project’s residential land uses will not exceed the County of Riverside baseline threshold and thus will not have a significant VMT impact for the baseline conditions for the residential land uses. Scenario 2 Office/Industrial Commercial uses would have less than significant impacts following implementation of mitigation measures.

The proposed project would not conflict with any other plan or regulation adopted for the purposes of reducing GHG emissions, including the Sustainable Freight Action Plan and the Southern California Association of Governments Regional Transportation Plan/Sustainable Communities Strategy (Connect SoCal) with the implementation of mitigation measures.

F. HAZARDS AND HAZARDOUS MATERIALS
i. Create a Significant Hazard to the Public or the Environment Due to Routine Transport, Use, or Disposal of Hazardous Materials, or Release Hazardous Materials into the Environment
Construction and operation of the project would result in the transportation, use, and disposal of hazardous materials. The industrial aspect of the project and some commercial uses could result in truck traffic and transit of hazardous materials.

1. Mitigation Measures:

To mitigate impacts concerning the transport, use, storage, or disposal of hazardous materials, the following mitigation measures are hereby adopted and will be implemented consistent with the MMRP:

HAZ-1: Any buried infrastructure such as any septic systems, irrigation systems, and wellsite infrastructure associated with former land uses should be properly abandoned and disposed of by removal of all materials or crushing in place for buried pipeline that will be located under proposed parking lots or structures. If asbestos concrete is identified, its treatment and/or removal should follow all state and federal regulations. Removal of any infrastructure shall be in accordance with current regulations. It is possible that the removal of any subsurface, abandoned infrastructure reveals residual soil impacts from prior agricultural, maintenance and fueling activities. If so, this may be addressed/managed at that time through the implementation of a soil management plan.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1108 of 2236 56 2. Finding Related to the Routine Transport, Use, or Disposal of Hazardous Materials, or Release Hazardous Materials
The project would not result in significant hazards to the public or the environment due to routine transport, use, or disposal of hazardous materials, or release hazardous materials into the environment described above and further discussed in the Draft/Final EIR. Changes or alterations have been required in, or incorporated into, the project which mitigate, avoid or substantially lessen such potential 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 HAZ-1, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

Federal, State and local regulations control the use of hazardous materials during constructionrelated activities. Operation of the project would result in the operation of residential, commercial, and industrial uses on the 183-acre site. The industrial aspect of the project and some commercial uses could result in truck traffic and transit of hazardous materials.

Construction:

Construction of the proposed project is expected to involve the temporary management and use of oils, fuels and other potentially flammable substances. These materials will likely be located in designated controlled areas and will be temporarily located in staging areas typically placed close to where development is occurring at that time. The identification of building material staging areas is required by Construction General Permit (CGP) (Order No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006-DWQ), which requires the development and implementation of a project-specific Stormwater Pollution Prevention Plan (SWPPP) for areas greater that one acre and administered by the RWQCB.

Per the CGP, the project’s SWPPP shall include comprehensive handling and management procedures for building materials, especially those that are hazardous and toxic. When handled properly by trained individuals and consistent with the manufacturer’s instructions and industry standards, the risk involved with handling these materials is considerably reduced to a less than significant level. As a requirement of the CGP, the contractor will be required to identify all controlled staging areas within the project limits for storing materials and equipment. Best management practices (BMPs) are required in the SWPPP for proper material delivery and storage; material use; and spill prevention and control. These temporary measures outline the required physical improvements and procedures to prevent impacts of pollutants and hazardous materials to workers and the environment during construction. In addition, perimeter controls (fencing with wind screen), linear sediment barriers (gravel bags, fiber rolls, or silt fencing), and access restrictions (gates) would help prevent temporary impacts. With such standard measures in place, less than significant impacts are anticipated during construction.

Project Site Environmental Conditions

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1109 of 2236 57 The project site previously operated as an agricultural site. Historical aerial imagery from 2006 indicates that the site had been cleared of all agricultural remnants prior to 2006, apart from several agricultural standpipes associated with historical irrigation practices. According to the Phase 1 ESA conducted for the project site by Partner Engineering and Science, Inc., chemicals previously utilized during agricultural operations have likely dissipated to insignificant levels due to the inactivity of the site for over 15 years. A Shallow Soil Investigation was performed on the subject property. Soil samples were collected from a depth of approximately six inches below ground surface (bgs). According to laboratory analysis, none of the analyzed soils samples contained organochlorine pesticides or arsenic above applicable screening levels and/or background concentrations. Therefore, it is unlikely that significant chemicals associated with previous agricultural activities exist onsite, and less than significant impacts are expected.

During the Phase 1 ESA’s onsite reconnaissance, several concrete pads at 81291 Avenue 42, one of which had a circular feature resembling a possible hydraulic lift piston, were observed. Based upon a review of historical sources, it is known that this portion of the subject property was previously utilized as a machine shop and as a mechanical/auto repair area. The hydraulic piston appeared to still be physically situated within the ground below the concrete pad. The presence of a potential below-ground hydraulic lift piston is considered a recognized environmental condition (REC) due to the possibility of unidentified releases to the subsurface in this location.

Based on the Phase 1 ESA, excavation associated with construction activities near former homesites could reveal septic systems or wellsite infrastructure along with the identified hydraulic lift that should be abandoned and removed in accordance with current regulations. This infrastructure should be properly abandoned and disposed of by removal of all materials or crushing in place for buried pipeline that will be located under proposed parking lots or structures. If asbestos concrete is identified, its treatment and/or removal should follow all state and federal regulations. This is required in Mitigation Measure HAZ-1. The removal of any abandoned and remnant structures would ensure that impacts to the environment from hazardous materials would be less than significant.

Operation:

The proposed project could require the storage or handling of hazardous materials, as defined in Chapter 8.64 of the Riverside County Municipal Code, including storage of propane or petroleum backup generator. Under Chapter 6.95, Article 2, of the California Health and Safety Code (HSC), operators of stationary sources of hazardous materials (if they are deemed an accident risk) are required to prepare risk management plans (RMPs), detailing strategies to reduce the risk of accidental hazardous material release and submit them to the California Emergency Management Agency.

The project will be required to implement a hazardous materials business plan (HMBP) if the business stores hazardous materials or wastes in quantities greater than or equal to 55 gallons of a liquid substance; 500 pounds of a solid substance; or 200 cubic feet of compressed gas. The information from the HMBP is made available to first responders for emergency response activities. HMBPs must include at least the following: (1) a list of the chemicals handled by the business; (2) category of waste; (3) maximum amount of each hazardous material or mixture present onsite; (4) information on how and where the hazardous materials are handled; (5)

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1110 of 2236 58 emergency response plans and procedures in case of the release of a hazardous material; and (6) training for all new employees and annual training.

Adherence to federal, State, and regional regulatory standards listed above will ensure impacts related to the storage and the risk of accidental releases of hazardous materials associated with the project are less than significant.

The operation of the industrial land use (and some commercial uses) of the project may include the use and handling of hazardous materials. The Occupational Safety and Health Administration (OSHA) Regulations ensure safe and healthful conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance. To fulfill this purpose, OSHA develops and enforces mandatory job safety and health standards. These standards are codified in 29 Code of Federal Regulations (CFR) Part 1910, which addresses issues that range in scope from walking and working surfaces, to exit routes and emergency planning, to hazardous materials and personal protective equipment. They include exposure limits for wide range of specific hazardous materials, including pesticides, as well as requirements that employers provide personal protective equipment to their employees wherever it is necessary (i.e., when required by the label instructions). OSHA standards also require that chemical manufacturers and importers obtain and develop Safety Data Sheets (SDSs). Employers must have an SDS in the workplace for each chemical they use. The industrial land use of the project would be required to comply with OSHA regulations and standards, including worker personal protective equipment requirements, and maintaining SDSs for each chemical they use to protect the health of workers. Additionally, hazardous materials, if onsite, will be handled in compliance with manufacturer's standards to ensure proper use and handling.

The California Accidental Release Prevention (CalARP) Program was designed to prevent accidental release of hazardous substances, minimize damage if releases occur, and satisfy community right-to-know laws. The CalARP programs and implementing regulations (Title 19, Division 2, Chapter 4.5 of the CCR) require businesses that handle more than a threshold quantity of regulated substances to develop a RMP, as discussed above. The project will be required to comply with the CalARP program to prevent the accidental release of hazardous substances during use.

Maintenance of the proposed buildings would not result in the use of hazardous materials in amounts that exceed what is typically required for industrial and commercial buildings. The handling, application, and storage of cleaning agents, building maintenance products, paints, solvents and other related substances could occur within the project in a manner typical of similar projects throughout the City, to carry out the necessary operations in each facility or use.

However, these materials would not be present in sufficient quantities to pose a significant hazard to public health and safety, or the environment.

Additionally, the materials required for the maintenance of landscaped areas (i.e., fertilizers, etc.), could be stored onsite and would be regulated by State and local law, including Fire Department regulations requiring proper storage and inspection. These regulations, including those imposed by both the State of California, County of Riverside and the Fire Department, are designed to lower impacts to less than significant levels. Compliance with these procedures will ensure that the use, transport, and disposal of hazardous materials would not impact the public or

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1111 of 2236 59 environment or result in the accidental release of hazardous materials. Less than significant impacts are anticipated during project operation.

Overall, construction and operation of the proposed project will result in less than significant impacts with the implementation of Mitigation Measure HAZ-1.

G. NOISE
i. Generate Substantial Temporary or Permanent Increase in Ambient Noise Levels in the Vicinity of the Project in Excess of Standards Established in the Local General Plan or Noise Ordinance, or Applicable Standards of Other Agencies
The project proposes a mixed‐use development consisting of multifamily residential units, commercial retail space, and industrial warehouses. Project‐generated noise during short‐ term construction activities, and long‐term operational activities were evaluated in the project‐ specific Noise Impact Analysis, provided by MIG, Inc. (Appendix K in the DEIR).

Typical construction activities associated with residential, commercial, industrial, and infrastructure projects in undeveloped areas can include site preparation, grading, trenching, building construction, paving, and architectural coating activities. The DEIR analyzed projectrelated construction impacts to existing off-site receptors (i.e., the residences on Avenida Celaya (R01), in the Sun City Shadow Hills Neighborhood, approximately 650 feet north), and future on-site sensitive receptors. Most future on‐site residential receptors would be several hundred feet or more from potential construction activities, due to setbacks, internal circulation roads, and the overall size of the project. Certain future receivers, however, could be located directly adjacent to and within 25 feet of construction activities. Individually, the construction models provided in the Noise Impact Analysis and on pages 4.12-38 through -43 of the DEIR do not exceed the FTA’s 80 dBA Leq criterion; however, the combined noise levels at certain locations are above the FTA’s daytime criterion. As modeled in the project-specific Noise Analysis, worst‐case combined construction noise levels could be up to 13 dBA above the FTA’s 80 dBA Leq daytime noise criterion. This is significant.

Once constructed, the project would generate noise from the operation of new residential, commercial, and industrial land uses. These land uses would include on‐site noise sources and activities and off‐site traffic noise. The City of Indio establishes exterior noise levels for the various land uses throughout the City. Acceptable and conditionally acceptable noise levels for mixed Use commercial/residential is 65 CNEL and 75 CNEL, respectively; while acceptable and conditionally acceptable noise levels for office/professional, commercial, retail, industrial, manufacturing, and warehouse is 70 CNEL and 75 CNEL, respectively. Potential noise levels associated with the commercial and mixed use component of the project, if sustained daily, would be above the City’s acceptable (60 CNEL for single‐family residential and 65 for multifamily residential) and conditionally acceptable (75 CNEL for single‐ and multi‐family residential) noise guidelines. Commercial noise levels that could potentially exceed the City’s acceptable noise limits would be considered a significant impact. On-site noise generated by the project is analyzed on pages 4.12-46 through 4.12-50 of the DEIR.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1112 of 2236 60 The project would generate vehicle trips that would be distributed onto the local roadway system, primarily Avenue 42 and Monroe Street. The results of the traffic noise modeling indicate that future traffic noise levels on Avenue 42 and Monroe Street will generally remain high (even without the project), above 70 dBA on a peak and daily exposure basis (at 100 feet from the road centerline), which exceeds the City’s acceptable noise exposure levels for all land use types.

1. Mitigation Measures:

To mitigate effects relating to the substantial temporary or permanent increase in ambient noise levels, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

NOI-1A: Provide Notification of Construction Activities. To ensure receptors in the vicinity of the Project area are aware of the Project and its planned construction activities, all future development in the Project area shall notify occupied residential land uses of planned construction activities. 1) The notice shall be provided at least 14 calendar days prior to the start of any construction activities, describe the planned phasing and schedule of construction activities, including any nighttime activities allowed by the City of Indio, describe the noise control measures to be implemented during construction, and include the name and phone number of a designated contact for the construction contractor and the City of Indio responsible for handling construction‐related noise complaints.
2) The notice shall be provided to the owner/occupants of all occupied dwelling units within 200 feet of planned construction work areas.

NOI-1B: Restrict Construction Work Hours. To reduce the potential for construction activities to generate noise during times when receptors are more sensitive to changes in noise and the use of construction tools and machinery is restricted by the City of Indio Municipal Code, all future development in the project area shall:
1) Restrict Motor Vehicle Standing/Idling. All motor vehicles with a gross vehicle weight rating more than 10,000 pounds, and any auxiliary equipment attached to such a vehicle, shall be subject to the requirements of Municipal Code Section 95C.08.A. Such vehicles shall not operate for a period longer than 15 minutes in any hour while stationary and within 150 feet of a residential area between the hours of 7 PM and 7 AM.
2) Restrict Construction Equipment Hours. All construction activities shall be subject to the requirements of Municipal Code Section 95C.08.B.2 and 95C.08.B.3. Unless otherwise approved by the City, the loading and unloading of vehicles and the operating of forklifts or

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1113 of 2236 61 cranes within 1,000 feet of a residence and the use of construction tools and machinery shall occur only during the following times:
a. Pacific Standard Time
i. Monday through Friday: 7 AM through 6 PM
ii. Saturday: 8 AM through 6 PM
iii. Sunday and Government Holidays: 9 AM through 5 PM
b. Pacific Daylight Time
i. Monday through Friday: 6 AM through 6 PM
ii. Saturday: 7 AM through 6 PM
iii. Sunday and Government Holidays: 9 AM through 5 PM
3) Post Restricted Work Hours. Each development project shall post a sign at all entrances to and exits from the construction site informing contractors, subcontractors, construction workers, etc. of the allowable work hours pursuant to sections 1) and 2) of this mitigation measure.

NOI-1C: Reduce Construction Traffic and Equipment Noise Levels. To reduce potential noise levels associated with project construction activities, all future development in the project area shall:
1) Control Construction Traffic and Site Access. Construction truck traffic, including soil and debris hauling, equipment deliveries, and concrete and other vendor deliveries shall follow City of Indio‐designated truck routes, including Monroe Street and Avenue

42. 2) Construction Equipment Selection, Use, and Noise Control Measures.

The following measures shall apply to all future development in the project area:
a. Construction staging activities such as receipt of deliveries, equipment, and material storage, etc., shall occur as far away from residential land uses as possible.
b. All stationary noise generating equipment such as pumps, compressors, and welding machines shall be shielded and located as far from sensitive receptor locations as practical. Shielding may consist of trailers, stored materials, or a three‐ or four‐sided enclosure provided the structure/barrier breaks the line of sight between the equipment and the receptor, provides for proper

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1114 of 2236 62 equipment ventilation and operations, and complies with all other applicable occupational safety and health requirements. c. Heavy equipment shall include standard noise suppression devices such as mullers, engine covers, and engine/mechanical isolators, mounts, etc. Equipment and noise suppression devices shall be maintained in accordance with manufacturer’s recommendations while on‐site.
d. Pneumatic tools shall include a noise suppression device on the compressed air exhaust.
e. Connect to existing electrical service to power stationary and portable equipment (e.g., pumps, generators, compressors, and welding sets). This measure shall be subject to the approval of the local electric utility. If it is not feasible to connect to electrical service and/or extend electrical service to all work sites, Mitigation Measure NOI‐1C, items 2.a and 2.b are implemented.

NOI-1D: Install Temporary Noise Barriers. To reduce potential construction noise levels at receptors near active work areas, all future development in the project area shall install a temporary noise barrier during all site preparation, grading, and paving work activities that have a line of sight to and occur within 150 feet of an occupied dwelling unit. 1) The barrier shall only be required along the portion of the job site perimeter that lies between the active work area and the affected dwelling unit(s). In addition, a temporary barrier shall not be required if a permanent barrier has been installed pursuant to Mitigation Measure NOI‐3A.
2) The barrier shall consist of the following:
a. When activities occur no closer than 50 feet from an occupied dwelling unit, the physical noise barrier shall extend to a height of 6 feet above grade and consist of nominal 0.5‐inch plywood with a minimum material density of 1.7 pounds per square foot installed.

Alternatively, the barrier may consist of commercially available acoustic panels, blankets, etc. that have a minimum sound transmission class (STC) or transmission loss value of 20 dB. b. When activities occur within 25 to 50 feet of an occupied dwelling unit, the physical noise barrier shall extend to a height of 8 feet above grade and consist of nominal 0.5‐inch plywood with a minimum material density of 1.7 pounds per square foot installed.

Alternatively, the barrier may consist of commercially available acoustic panels, blankets, etc. that have a minimum STC or transmission loss value of 23 dB or higher.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1115 of 2236 63 c. When activities occur within 25 feet of an occupied dwelling unit, the physical noise barrier shall extend to a height of 10 feet above grade and consist of nominal 1.0‐ inch plywood with a minimum material density of approximately 3 pounds per square foot installed. Alternatively, the barrier may consist of commercially available acoustic panels, blankets, etc. that have a minimum STC or transmission loss value of 23 dB or higher.
3) The barrier shall be installed at grade, or mounted to structures located at grade, such as a K‐rail, and be maintained free of openings or gaps other than weep holes. Construction ingress/egress shall not be permitted through the barrier unless there is no other viable access point due to specific project constraints or other access requirements. 4) The noise barrier may be removed following the completion of all site preparation, grading, and paving activities (i.e., it is not necessary once framing and typical vertical building construction begins provided no other site preparation, grading, or paving work is still occurring in the area).

NOI-1E: Owner/Occupant Disclosure. Future owners, occupants, and tenants of residential and commercial properties in the project area shall receive disclosures that properties in the project area may be subjected to elevated construction noise levels from development in the project area. This disclosure shall be provided as part of the mortgage, lease, sub‐lease, and/or other contractual real estate transaction associated with the subject property.

NOI-2: Prohibit Vibratory Equipment: To reduce the potential for construction equipment to generate substantially perceptible groundborne vibrations, the use of vibratory rollers, vibratory/impact hammers, and other potential large vibration‐generating equipment (e.g., hydraulic breakers/hoe rams) shall be prohibited within 50 feet of any occupied residential dwelling unit. Plate compactors and compactor rollers are acceptable. Deep foundation piers or caissons shall be auger drilled.
1) If it is not feasible to prohibit the use of vibratory equipment within 50 feet of a residential building façade due to site‐ or project‐specific conditions or design considerations, a project‐specific construction vibration evaluation plan shall be prepared that identifies planned vibration‐generating construction activities and potential groundborne vibration levels (given specific equipment and soils conditions) at specific receptor locations and the vibration control measures that will be employed to ensure equipment and work activities would not result in vibrations that exceed Caltrans’ strongly perceptible human annoyance criterion of 0.1 inches/second peak particle velocity. Such measures may include but are not limited to the use of vibration

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1116 of 2236 64 monitoring to measure actual vibration levels, the use of photo monitoring or documentation of building conditions prior to, during, and after construction activities, and/or the use of trenches or barriers that attenuate ground‐borne vibration.

NOI-3A: Planning Area 3 and Planning Area 4 Noise Barrier. The City shall not approve any residential development in Planning Area 3 unless one of the following conditions is satisfied:
1) Planning Area 4 is not yet developed (i.e., constructed and awaiting occupancy or already occupied), in which case the residential project design shall include an 8‐foot‐tall concrete masonry unit noise barrier along the western boundary of Planning Area 3.
a. The barrier shall extend to a height of 8 feet above the finished elevation of the development and shall extend in a north-south direction at least 100 feet past the northernmost and southernmost dwelling unit (if the project develops only a part of Planning Area 3).
2) The part of Planning Area 4 that borders Planning Area 3 is already developed, and a project‐specific noise analysis required by Mitigation Measure NOI‐3B (prepared by either the industrial or residential project) indicates Planning Area 4 industrial development would not generate noise levels in Planning Area 3 that exceed applicable City standards.

NOI-3B: Control On-site Noise Generating Sources and Activities. To ensure on‐site, operations‐ related equipment and activities associated with the future development in the project area do not generate noise levels that exceed City standards, future mixed‐use residential/commercial, commercial, and industrial development shall submit a project‐ specific operational noise analysis to the City for review and approval prior to the issuance of the first building permit for the project, or as otherwise determined by the City. The noise analysis shall be prepared by a qualified acoustical consultant and shall:
1) Identify surrounding land uses and noise-sensitive receptors in the vicinity of the project.
2) Identify the ambient noise level at and in the vicinity of the project, including at noise‐ sensitive receptors that could be impacted by the project. Ambient noise levels may be based on Indio General Plan traffic noise modeling, information in the Oasis at Indio Specific Plan EIR, or new ambient noise measurements conducted for the project. 3) Describe the noise levels generated by the project’s on‐site noise sources, including all stationary equipment (e.g., pumps, compressors,

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1117 of 2236 65 generators, dryers, heating, ventilation, and air conditioning equipment, etc.), truck docks/dedicated loading areas, waste collection areas, and vehicle parking areas included in the final project design/site plan.
4) Demonstrate how project noise sources and activities will comply with the exterior sound limits established in Municipal Code Chapter 95C, Noise Control, the noise compatibility guidelines in General Plan Table 11‐1, and applicable interior sound limits for residential (45 CNEL in habitable rooms) and non‐residential (50 dBA Leq in occupied areas or application of prescriptive requirements) project components. Measures for reducing project noise to may include, but are not limited to, setbacks, equipment enclosures, noise barriers or other means of shielding on‐site noise levels from surrounding land uses and noise‐sensitive receptors, and operating restrictions (e.g., prohibiting certain equipment or activities from operating at certain times such as nighttime hours).

2. Finding Regarding the Increase in Noise
The project could result in effects relating to the increase in ambient noise levels described above and further discussed in the Final EIR, and 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-1A through NOI-1E, NOI-2 and NOI-3, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

Construction
Off-Site: The closest existing off‐site residential receptor in the vicinity of the project area are the residences on Avenida Celaya (R01), in the Sun City Shadow Hills Neighborhood (approximately 650 feet north). The off-site locations would experience project-related construction noise levels between 49.8 to 64.5 dBA Leq for both MBS and Scenario 2 projects (see tables 4.12-16 and 4.12-17 in the DEIR). Even if combined (although unlikely) construction noise would not exceed the FTA’s 80 dBA Leq construction noise criteria.

On-Site: Future on‐site residential receptors would range in distance from potential construction work areas. Most future on‐site residential receptors would be several hundred feet or more from construction activities, due to setbacks, internal circulation roads, and the overall size of the project. Certain future receivers, however, could be located directly adjacent to and within 25 feet of construction activities.

The project’s MBS construction noise levels could exceed the FTA’s daytime (7 AM to 10 PM) noise criterion of 80 dBA Leq at R02 (80.7 dBA Leq), R04 (80.7 dBA Leq), R05 (92.8 dBA

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1118 of 2236 66 Leq), and R07 (92.8 dBA Leq). This occurs primarily during individual, worst‐case site preparation and paving operations that were assumed to occur at the boundary of the construction model area, sometimes within 25 feet of an adjacent receptor (e.g., R05 and R07).

The magnitude of the project’s predicted construction noise levels at modeled on‐site receptor locations is primarily a function of the distance between modeled construction activities and receptors. In addition, the modeled on‐site receptors may not actually be present during all or even most construction activities. Nonetheless, if receptors are present, the project could generate construction noise levels that could exceed the FTA’s daytime (80 dBA Leq) construction noise criteria by up to 13 dBA Leq, resulting in a significant impact. To reduce this impact, Mitigation Measures NOI‐1A through NOI‐1E shall be incorporated during construction. The mitigation measures require the project to notify the receptors in the vicinity of the project of project‐ related construction activities; restrict construction work hours to hours established by the City of Indio Municipal Code; reduce construction traffic by establishing access points that avoid sensitive receptors and equipment noise by staging equipment away from sensitive receptors, and using noise suppression devices; install temporary noise barriers during all site preparation, grading, and structural foundation work activities that have a line‐of‐sight to and occur within 150 feet of an occupied dwelling unit; and provide owner/occupant disclosures that state that properties in the project area may be subject to elevated construction noise levels from development in the project area. The use of equipment in good working order with standard noise suppression devices and the shielding of stationary noise generating equipment (Mitigation Measure NOI 1‐C) is estimated to result in a 2 dBA to 5 dBA reduction in modeled equipment noise levels. In addition, the installation of a 6‐ to 10‐foot‐tall temporary noise barrier (Mitigation Measure NOI‐1D) is estimated to result in an additional 5 dBA to 13 dBA reduction in modeled equipment noise levels, depending on the specific type of equipment used, the distance between the equipment and the barrier and the receptor and the barrier, and the elevation of the residential noise receiver. Additionally, Mitigation Measure NOI‐3A requires a permanent 8‐foot‐tall concrete unit noise barrier between PA 3 and PA 4 if residential construction on PA 3 precedes industrial development on PA 4. The implementation of NOI‐1D or NOI‐3A would provide at least 11 dB of construction noise reduction when the equipment is operated within 25 feet of the barrier. However, it should be noted that the temporary barrier implemented in NOI‐1D shall not be required if the permanent barrier is already present between the construction area and developed area (residential dwelling). All other mitigation measures would reduce the potential receptor annoyance but would not physically reduce construction noise levels. The combined reduction in construction noise levels achieved by Mitigation Measures NOI‐1A to NOI‐1E and Mitigation Measure NOI‐3A, therefore, is estimated to range from 7 dBA Leq to 16 dBA Leq, depending upon the size of the temporary noise barrier (which must be sized to reduce noise to below the FTA 80 dBA Leq threshold). Thus, with the implementation of Mitigation Measures NOI‐1A to NOI‐1D would reduce the project’s potential construction noise levels below the FTA’s 80 dBA Leq daytime noise criterion. Therefore, implementation of the mitigation measures listed above would reduce the project’s construction noise impacts to less than significant levels (see Table 4.12-19 in the DEIR).

Operation

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1119 of 2236 67 Once constructed, the project would generate noise from the operation of new residential, commercial, and industrial land uses. These land uses would include on‐site noise sources and activities and off‐site traffic noise. The General Plan establishes 60 CNEL and 75 CNEL as the acceptable and conditionally acceptable noise limit, respectively, for single family residences (the closest residential community being Sun City Shadow Hills), and 65 CNEL and 75 CNEL as the acceptable and conditionally acceptable noise limit respectively, for multifamily residential and mixed‐use commercial and residential land uses.

On-Site: The project’s residential development would be unlikely to generate noise levels that exceed the applicable standards from the City’s Municipal Code (Section 95C.03, 95C.04, 95C.09), Unified Development Code (Section 3.02.10), or General Plan Noise Element. Impacts are less than significant.

Potential noise levels of 66.5 dBA Leq to 89 dBA Leq associated with the commercial and mixed use component of the project, if sustained daily, would be above the City’s acceptable (60 CNEL for single‐family residential and 65 for multifamily residential) and conditionally acceptable (75 CNEL for single‐ and multi‐family residential) noise guidelines. While commercial noise sources could be audible, most commercial development would be unlikely to exceed the City’s acceptable daily 60 CNEL or 65 CNEL noise standard because on‐site noise sources would not generate substantial noise levels (e.g., vehicle parking areas), would be set back and located away from residential property lines and dwelling units, and would not operate continuously (i.e., would not operate 24 hours a day) or at least involve reduced operations during nighttime hours. In addition, the project includes use restrictions, standards, and design guidelines that would reduce potential commercial noise levels by prohibiting incompatible developments, restricting hours of operations to 7 AM to 10 PM, designing the site to place loading docks and waste storage away from sensitive land uses, screening noise‐generating equipment, and requiring the installation of a 6‐ to 8‐foot solid masonry wall between residential and non‐residential uses (6‐ to 8‐foot wall between residential and mixed‐uses per Section

3.5.1.1 of the Specific Plan, and, potentially, an 8‐foot wall between residential in PA 3 and nonresidential in PA 4, as required by Mitigation Measure NOI‐3A).

Potential noise levels of 66.5 dBA Leq to 89 dBA Leq, if sustained daily, would be above the City’s acceptable (60 CNEL for single‐family residential and 65 for multifamily residential) and conditionally acceptable (75 CNEL for single‐ and multi‐family residential) noise guidelines.

Commercial noise levels that could exceed the City’s acceptable noise limits would be considered a significant impact. However, to reduce this impact, the project shall implement Mitigation Measure NOI‐3A and NOI‐3B. NOI‐3A requires the installation of a noise barrier between PA 3 and PA 4, while NOI‐3B requires that the future mixed uses submit a project specific operational noise analysis to the City for review and approval. With the implementation of Mitigation Measure NOI‐3A and NOI‐3B, on‐site noise will be reduced to less than significant levels.

Individual truck travel and docking activity could generate a sustained noise level of 63.4 dBA Leq at 50 feet. If 10 trucks were to dock at the same time, the sustained noise level could be 73.4 dBA Leq at 50 feet, which would then attenuate to a noise level of approximately 58.4 dBA Leq at 280 feet and 56.1 dBA Leq at 365 feet. These noise level estimates assume no shielding or reduction in noise levels by the required screening walls for truck dock areas and outdoor

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1120 of 2236 68 loading and storage areas. Noise levels of approximately 56 dBA Leq to 58 dBA Leq, if sustained daily, would be below the City’s acceptable (60 CNEL for single family residential and 65 CNEL for multifamily residential) and conditionally acceptable (75 CNEL) noise guidelines.

Therefore, the industrial development in PA 4 would not impact existing off‐site receptors north of Avenue 42 and would not generate noise levels that exceed City standards at residential or commercial receptors in PA 1 or PA 2 due to the distance between industrial noise sources and potential receptors and design standards and guidelines included in the proposed project. In addition, industrial development is not anticipated to impact potential residential receptors in PA 3 under the MBS, nor commercial receptors in PA 3 under Scenario 2; because the industrial activities along the PA 4 and PA 3 boundary are expected to be limited to employee parking activities because of required building setbacks.

The actual noise levels generated by industrial development and perceived by potential receptors in the project area would depend on actual equipment noise levels and operating characteristics, the actual distance to the receptor, and the presence or absence of noise barriers or other screening features between the industrial noise source(s) and the receptor. For example, truck docks or loading areas could be located closer to PA 3 than conceptually shown in Exhibit

4.12‐3, and, therefore, could generate noise levels that exceed City standards. Although unlikely to occur, the potential for industrial noise sources to generate noise levels in PA 3 that are above the City’s acceptable noise limit (65 CNEL) would be considered a significant impact. To reduce this impact, the project shall implement Mitigation Measure NOI‐3A and NOI‐3B. NOI‐3A requires the installation of a noise barrier between PA 3 and PA 4, while NOI‐3B requires that the future mixed use residential/commercial, commercial, and industrial development submit a project specific operational noise analysis to the City for review and approval. With the implementation of Mitigation Measure NOI‐3A and NOI‐3B, on‐site noise will be reduced to less than significant levels.

Off-Site Noise: The project would generate vehicle trips that would be distributed onto the local roadway system, primarily Avenue 42 and Monroe Street. The results of the traffic noise modeling indicate that future traffic noise levels on Avenue 42 and Monroe Street will generally remain high (even without the project), above 70 dBA on a peak and daily exposure basis (at 100 feet from the road centerline), which exceeds the City’s acceptable noise exposure levels for all land use types.

Compliance with Interior Noise Standards
The City enforces the California Building Code which establishes 45 CNEL as the allowable interior noise levels in habitable rooms and requires non‐residential wall and roof ceiling assemblies exposed to noise levels above 65 dBA (CNEL or hourly Leq) to prescriptive assembly requirements or a performance standard of 50 dBA Leq.

The project’s multi‐family residential development would not generate substantial exterior noise levels. Therefore, the residential component would not exceed interior noise level standards at any facilities located within or outside of the project area. Some commercial noise sources like car washes could generate exterior noise levels of between approximately 79 dBA Leq to 89 dBA Leq at 50 feet, which would fully attenuate to 65 dBA Leq at distance of 790 feet if no shielding were provided. In addition, industrial development could generate noise levels of up to

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1121 of 2236 69 approximately 65 dBA Leq at 50 feet, but industrial noise sources are more likely to be located more than 50 feet from residential and commercial building facades.

In general, standard construction techniques for new residential, commercial, and industrial buildings in California provide a minimum of 12 dBA of exterior to interior noise attenuation with windows open and between 20 dBA to 30 dBA of exterior to interior noise attenuation with windows closed. Exterior noise levels, therefore, must generally be 65 CNEL or below to meet an interior noise level of 45 CNEL for habitable rooms, and 70 dBA Leq or below to meet a 50 dBA Leq performance standard in occupied non‐residential space. Although unlikely to occur, the proposed project could result in the operation of noise generating equipment and activities near residential and non‐ residential building facades within the project area that have the potential to exceed interior noise standards. This would be a significant impact. The implementation of Mitigation Measures NOI‐3A and NOI‐3B would limit the potential for industrial‐related development in PA 4 to impact residential development in PA 3 and require future development in the project area to identify and control on‐site noise to comply with the City’s exterior and interior noise standards. Project operational noise will be reduced to less than significant levels with the implementation of NOI‐3A and NOI‐3B.

Overall, the project would result in less than significant impacts during operation with the implementation of Mitigation Measure NOI-3A and NOI-3B.

Traffic Noise
The project would generate vehicle trips that would be distributed onto the local roadway system, primarily Avenue 42 and Monroe Street. The results of the traffic noise modeling indicate that future traffic noise levels on Avenue 42 and Monroe Street will generally remain high (even without the project), above 70 dBA CNEL on a peak and daily exposure basis (at 100 feet from the road centerline), which exceeds the City’s acceptable noise exposure levels for all land use types.

The modeling determined that 2033 peak hour traffic noise levels on Avenue 42 without the project is between 67.5 dBA Leq and 68.2 dBA Leq at 100 feet from the center of the road. This correlates to traffic noise exposure levels 70.4 CNEL and 71.1 CNEL. At worst case, the project could, under the MBS, increase 2033 peak hour traffic noise levels on Avenue 42 by 0.5 dBA to

2.7 dBA, up to a maximum of 70.3 dBA Leq and 73.2 CNEL. The modeled 2033 traffic noise levels with the project would remain conditionally acceptable for multifamily residential uses (65 CNEL to 75 CNEL) and commercial uses (between 70 CNEL and 75 CNEL) and would not increase by more than 3 dBA on any modeled Avenue 42 road segment. The model also determined that 2033 peak hour traffic noise levels on Monroe Street without the project are between 65.7 dBA Leq and 69.2 dBA Leq at 100 feet from the center of the road. This correlates to a traffic noise exposure level between 68.6 CNEL and 72.3 CNEL. At worst case, the project could, under the MBS, increase 2033 peak hour and daily traffic noise exposure levels on Monroe Street by 0.3 dBA to 2.9 dBA, up to a maximum of 70.7 dBA Leq and 73.6 CNEL. The modeled 2033 traffic noise levels would remain conditionally acceptable for single family residential uses (60 CNEL to 75 CNEL), multifamily residential uses (65 CNEL to 75 CNEL), and commercial and industrial uses (between 70 CNEL and 75 CNEL) on all modeled Monroe

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1122 of 2236 70 Street segments. In addition, the project would not increase traffic noise levels by more than 3.0 dBA on any modeled Monroe Street segment.

As described above, the project would not result in an increase in traffic noise levels under any scenario that would be 3 dBA or more where the ambient noise level would change from acceptable to conditionally acceptable or remain conditionally acceptable per the City’s General Plan Noise and Land Use Compatibility Matrix. This impact would be less than significant. ii. Generate Excessive Groundborne Vibration or Groundborne Noise Levles Construction activities could result in varying degrees of ground vibration, depending on the specific construction equipment used and activities involved.

Off-Site Impacts
Construction vibration impacts occur when large construction equipment such as bulldozers or specific vibration‐sensitive areas, during evening or nighttime hours, or when construction activities last extended periods of time. For the proposed project, these types of equipment would primarily operate during site preparation, grading, and paving work. Construction activities associated with the project would occur in multiple phases and may last several years in total.

The closest off‐site sensitive receptor to the project is approximately 650 feet.

Vibration Resulting in Physical Damage to a Building or Structure Typical equipment operations (e.g., bulldozer, jack hammer, trucks, etc.) are estimated to produce a maximum PPV level of 0.089 in/sec at 25 feet, while specific vibration‐generating equipment operations (e.g., vibratory roller) are estimated to produce a maximum PPV level of

Vibration Resulting in Human Annoyance
For most typical operations, groundborne vibration would usually not be perceptible; however, a large bulldozer or drill rig is estimated to produce a maximum PPV level of 0.089 in/sec at 25 feet, 0.036 in/sec at 50 feet, and 0.015 in/sec at 100 feet. These values could exceed Caltrans’ barely perceptible and distinctly perceptible vibration annoyance criterion (0.01 in/sec and 0.04 in/sec, respectively, for continuous vibration sources), but not Caltrans’ strongly perceptible vibration annoyance criterion (0.1 in/sec for continuous vibration sources). Specific vibration‐generating equipment could exceed Caltrans’ barely perceptible vibration annoyance criterion (0.01 in/sec) at distances of up to 300 feet from equipment operating areas. At 50 feet, the use of vibratory rollers (0.085 in/sec) could exceed Caltrans’ distinctly perceptible vibration annoyance criterion (0.04 in/sec for continuous vibration sources), while at 25 feet, the use of vibratory rollers (0.210 in/sec) could exceed Caltrans’ strongly perceptible vibration annoyance criterion (0.10 in/sec for continuous vibration sources).

Operation

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1123 of 2236 71 The project does not include vibration‐generating operational activities. The new land uses (i.e., residential, mixed‐use, commercial, and industrial) could involve machinery and equipment such as pumps, compressors, generators, and other fixed equipment that produce vibrations; however, this equipment is unlikely to generate vibration levels that would be discernible without the aid of instruments.

1. Mitigation Measures:

To mitigate effects relating to groundborne vibration or groundborne noise, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

2. Finding Regarding Groundborne Vibration or Groundborne Noise The project could result in effects relating to groundborne vibration or groundborne noise described above and further discussed in the Final EIR, and 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-2, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1124 of 2236 72 Facts in Support of Finding:

As discussed above, the closest off‐site sensitive receptor to the project is approximately 650 feet. At this distance, the expected equipment to be used during construction would not generate groundborne vibration levels that would be perceptible or have the potential to result in damage to existing structures. Thus, less than significant impacts are anticipated at off‐site receptor locations.

Typical equipment operations (e.g., bulldozer, jack hammer, trucks, etc.) are estimated to produce a maximum PPV level of 0.089 in/sec at 25 feet, while specific vibration‐generating equipment operations (e.g., vibratory roller) are estimated to produce a maximum PPV level of

0.210 in/sec at 25 feet. These PPV values are less than Caltrans’ vibration threshold criteria for potential structural damage for the types of building in and adjacent to the project area, which are or would consist of new and modern residential, commercial, and industrial structures (0.5 PPV for continuous vibration sources). The project’s construction activities would not result in physical damage to any existing or future building or structure in the project area. In addition, most equipment that would be used to construct the project would not generate annoying vibrations because equipment operations would be intermittent (not occur every day), limited in duration (equipment would move throughout work areas and not operate in the same location for a prolonged amount of time), and occur during the daytime (when receptors are considered less sensitive to vibration levels). The specific use of a vibratory roller during paving and other activities, however, could result in ground‐borne vibration levels that exceed Caltrans’ strongly perceptible annoyance criterion (0.10 in/sec) if such operations were to occur 50 feet of a building façade. Although this is unlikely to occur, the generation of strongly perceptible ground‐borne vibration levels would be considered significant. To reduce the project’s temporary construction vibration levels, the project shall prohibit the use of such equipment within 50 feet of occupied residential dwelling unit or, if such prohibition is not feasible, the project shall prepare a project‐specific vibration plan that ensures equipment and work activities would not result in vibrations that exceed Caltrans’ strongly perceptible human annoyance criterion of 0.1 in/sec PPV. This is required by Mitigation Measure NOI‐2 and would reduce the project’s on‐site construction vibration levels to less than significant levels.

The project does not include vibration‐generating operational activities. The new land uses (i.e., residential, mixed‐use, commercial, and industrial) could involve machinery and equipment such as pumps, compressors, generators, and other fixed equipment that produce vibrations; however, this equipment is unlikely to generate vibration levels that would be discernible without the aid of instruments. Potential pumps, generators, and other typical equipment would be securely mounted and not large enough to generate substantial vibrations beyond the immediate vicinity of the equipment. The project does not propose or support any large vibration‐inducing equipment or land use activities and would not result in excessive ground‐borne vibration levels.

This impact would be less than significant.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1125 of 2236 73 H. TRANSPORTATION
i. Consistency with CEQA Guidelines section 15064.3, subdivision (b) (VMT) The City of Indio guidelines identify the Riverside County Transportation Analysis Model (RIVTAM) as the appropriate tool for conducting VMT analysis for land use projects. RIVTAM considers interaction between different land uses based on socio‐economic data such as population, households and employment. The approach and methodology are consistent with the County of Riverside Transportation Analysis Guidelines for Level of Service, Vehicle Miles Traveled (December 2020). Projects not screened out (based on County Guidelines) should complete VMT analysis and forecasting through the RIVCOM model to determine if they have a significant VMT impact.

Significance thresholds are based on land use type, broadly categorized as efficiency and net change metrics. Efficiency metrics include VMT/Capita and Work VMT/employee. “Net Change” refers to the net change in regional VMT and it is used for elements that include a significant customer base, such as commercial uses. The VMT analysis for the project was conducted utilizing RIVCOM to determine the County of Riverside average and project’s residential VMT and office VMT, and the following: VMT per Capita and VMT per Employee.

1. Mitigation Measures:

To mitigate effects relating to VMTs, the following mitigation measure is hereby adopted and will be implemented consistent with the MMRP:

TRA-1: Any future use subject to IMC Chapter 160 shall implement, as part of its TDM program, (1) commute trip reduction marketing and (2) a ridesharing program, among the other measures that may be required to achieve a 10% reduction in overall employee trips.

T-7 Implement Commute Trip Reduction Marketing.

This measure will include the implementation of a marketing strategy that promotes the site employer’s Commute Trip Reduction (CTR) Marketing program. The program includes information sharing and marketing to promote travel choices beyond driving that are available to employees such as taking transit, carpooling, walking and biking. These measures help to reduce VMT and GHG emissions. 100% of the total industrial employment will be eligible for the program. Other uses will be determined by future development.

T-8 Provide Ride Sharing Program
This measure will include the implementation of a ride sharing program as well as the establishment of a permanent transportation management association. This association will have a funding requirement for employment. Ridesharing promotes carpooled vehicle trips in place of single-occupancy vehicle trips. These measures help to reduce VMT and

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1126 of 2236 74 GHG emissions. 100% of the total industrial employment will be eligible for the program. Other uses will be determined by future development.

2. Finding Regarding the Consistency with CEQA Section 15064.3(b) (VMT)
The project could result in effects relating to traffic and transportation hazards described above and further discussed in the Final EIR, and 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 TRA-1, as recommended in the Final EIR, which has been adopted by the City and is enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

MBS Project
Based on the VMT methodology, criteria, analysis, thresholds and results, the proposed MBS project will not have a significant VMT impact. The residential land uses will not exceed the County of Riverside baseline threshold and thus will not have a significant VMT impact for the baseline conditions for the residential land uses. The proposed MBS project’s office (industrial) land uses will not exceed the County of Riverside baseline threshold and thus will not have a significant VMT impact for the baseline conditions for the MBS office (industrial) land uses.

The proposed MBS project is presumed to have a less than significant CEQA related transportation impact relative to VMT under Baseline Plus project conditions.

Scenario 2 Project
Based on the VMT methodology, criteria, analysis, thresholds and results, the proposed Scenario 2 Project’s residential land uses will not exceed the County of Riverside baseline threshold and thus will not have a significant VMT impact for the baseline conditions for the residential land uses. However, the proposed Scenario 2 project’s office (industrial and commercial) land uses will exceed the County of Riverside baseline threshold and thus will have a significant VMT impact for the baseline conditions for the office (industrial and commercial) land uses. The baseline conditions are reflective of the number of employees assumed under Scenario 2, including 1,204 employees associated with planned future industrial uses.

Therefore, the project shall implement methodologies approved by California Air Pollution Control Officers Association (CAPCOA), including the future implementation of T-7 (Commute Trip Reduction Marketing) and T-8 (Provide Ridesharing Program), which would result in reductions to VMT from large employment uses. T-7 and T-8 are implemented as Mitigation Measure TRA-1. Mitigation Measure TRA-1 requires, as part of any TDM program implemented pursuant to IMC Chapter 160, (1) commute trip reduction marketing and (2) a ridesharing program, among the other measures that may be required to achieve a 10% reduction in overall employee trips. The project’s future compliance with IMC Chapter 160, through

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1127 of 2236 75 Mitigation Measure TRA-1 and the specific measures to be implemented, is consistent with CAPCOA’s recommended VMT mitigation measures, specifically T-7 and T-8.

The proposed project is presumed to have less than significant CEQA related transportation impact relative to VMT under Baseline Plus Project conditions following implementation of Mitigation Measure TRA-1.

I. TRIBAL CULTURAL RESOURCES
i. Impacts to Significant Tribal Cultural Resources
Public Resource Code 21074 identifies “Tribal Cultural Resources” as “sites, features, places, cultural landscapes, sacred places, and objects with culture value to California Native American Tribe” and that are either included or determined to be eligible for inclusion on the national, state, or local register of historic resources or that are determined by the lead agency, in its discretion, to be significant when taking into consideration the significance of the resource to a California Native American Tribe. Effects to Tribal Cultural Resources includes destroying the resource during construction activities. The project’s impact to Tribal Cultural Resources is significant.

1. Mitigation Measures:

To mitigate 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:

CUL-1: All earth-moving operations impacting the relatively undisturbed native soils shall be monitored by a qualified archaeologist and a Native American monitor from the applicable local tribes to ensure proper analysis if any cultural remains from the prehistoric period are found. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial on-site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1128 of 2236 76 2. Finding Regarding Impacts to Tribal Cultural Resources The project could result in effects relating to Tribal Cultural Resources described above and further discussed in the Draft/Final EIR, and 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 CUL-1, as recommended in the Final EIR, which have been adopted by the City and are enforceable through the MMRP, Development Agreement, and project conditions of approval.

Facts in Support of Finding:

The project archaeologist identified a total of seven cultural resources, including three prehistoric sites and four isolates, within the project boundaries. Isolates 3908-2, 3908-3, 3908-4, and 3908- 5 (Isolated Prehistoric Artifacts) are each prehistoric in nature. Isolate 3908-02 consists of a single fire-affected clay fragment, 3908-3 consists of three fire-affected buffware ceramic body sherds, 3908-4 consists of a single black metavolcanic interior flake exhibiting four flake scars, while 3908-5 consists of a single quartz crystal flake. Such isolates, or localities with fewer than three artifacts, do not qualify as archaeological sites due to the lack of contextual integrity. As such, isolates 3908- 2, 3908-3, 3908-4, and 3908-5 do not constitute potential “historical resources” due to being ineligible for National Register, California Register or local designation through survey evaluation.

Three prehistoric archaeological sites are known to be present within the project area at this time:

Sites 3908-1, 3908-6, and 3908-7. These sites consist primarily of small surface scatters containing prehistoric artifacts, predominantly ceramic sherds but also worked lithic materials, and fire-affected clay. The potential for subsurface components of the sites appears to be high, as winds and weather events shift sands across the ground surface.

The results of background research indicate that the sites occur in relatively close proximity to the former shoreline of Holocene Lake Cahuilla during its last high stand in the 17th-18th century, a geographic setting of well-recognized prehistoric archaeological sensitivity. In past studies in the Indio area, many of these so-called “shoreline sites” have produced substantial and sometimes highly significant subsurface cultural deposits. Considering the past discoveries nearby, the archaeological data potential of the prehistoric sites within the project area—and thus their eligibility for listing in the California Register of Historical Resources and qualification as “historical resources”—cannot be determined without further investigations, including subsurface excavations where necessary. To complete the identification process for “historical resources” pursuant to CEQA provisions, CRM TECH conducted an archaeological testing program at all three prehistoric archaeological sites within the project area. The fieldwork for the program was carried out on February 13 to 15, 2024, by CRM Tech. The testing program was designed and implemented in coordination with the Aqua Caliente Band of Cahuilla Indians, and tribal representatives Daniel Mirelez, Cierra Teel, and Kerri Pollard monitored the excavations.

Per the findings, the surveyed sites contained limited prehistoric cultural materials and were found not to contain substantial subsurface components. No evidence of long-term occupation was found at the sites. Altogether, the sites have yielded little data, and essentially no new or important data, to add to existing knowledge of prehistoric lifeways in this region. Without

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1129 of 2236 77 substantial subsurface cultural deposits, the sites lack sufficient archaeological data potential to be considered eligible for listing in the California Register of Historical Resources, and thus do not meet the statutory definition of “historical resources,” as provided by CEQA and associated regulations (PRC §5020.1(j); Title 14 CCR §15064.5(a)(1)-(3)) (see Appendix D.3). However, the implementation of Mitigation Measure CUL-1 would require a qualified archaeologist and a Native American monitor from the applicable local tribes to monitor the site during all earthmoving operations impacting the relatively undisturbed soils to ensure proper analysis if any cultural remains from the prehistoric period are found. Implementation of Mitigation Measure CUL-1 would reduce project impacts to less than significant levels.

The City of Indio initiated Tribal consultation, as required by SB 18 and AB 52. On April 5, 2023, the NAHC provided a list of tribes for the City to initiate consultation. The City of Indio notified the Tribes and invited them to consult on the proposed project. The City did not receive any requests for consultation within the required timeframes. However, a number of tribes provided written comments on the Draft EIR. Those comment letters are included in the Final EIR, which also includes responses to the tribal letters.

VI. 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 impacts set forth in the Final EIR and incorporates the same herein by this reference.

A. AESTHETICS
i. Effects on a Scenic Vista
The primary scenic resources observed from public locations near the project site include the surrounding mountain ranges. From the project property, the San Jacinto Mountains to the west, the Santa Rosa Mountains to the south, the Little San Bernardino Mountains to the north and east, and the Indio Hills to the north are distant. Baseline views of the surrounding mountains are interrupted by existing buildings, landscaping, and infrastructure (i.e., utility poles). However, the mid-range and peak views can be observed from the project site.

Views of the scenic resources can be witnessed from the surrounding rights-of-way, including Avenue 42 to the north, Monroe Street to the east, and the I-10 to the south. Currently, the vacant property does not obstruct views of the mountains when observed from the public rights-of-way.

See Exhibits 4.1-2 through 4.1-13 in the DEIR for the existing conditions from public viewsheds (i.e., public rights-of-way).

Any development proposed on the project site would result in obstructions to existing scenic resources when viewed from the rights-of-way, compared to existing, largely unobstructed views. The DEIR analyzed the project’s impact on the scenic vistas.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1130 of 2236 78 1. Finding Regarding Scenic Vistas
Although the project would result in brief obstructions to the scenic vistas, the project will not result in a significant impact to scenic vistas. Additionally, as a standard requirement, the project site plan and design will undergo review by the City to ensure impacts are less than significant.

No mitigation measures are necessary.

Facts in Support of Finding:

Any development on the project site would result in limited obstructions to the distant views of the Santa Rosa Mountains to the south, the San Jacinto Mountains to the west, and the Little San Bernardino Mountains and Indio Hills to the north when viewed from the segments of Avenue 42, Monroe Street, and the I-10 along the project boundary. The project proposes a mixed-use development consisting of residential, commercial, and industrial land uses on the 183-acre site.

The following discussion summarizes the findings determined in the DEIR from the surrounding rights-of-way.

Planning Areas 1 and 2 are located adjacent to Avenue 42 and will be visible from the right-ofway. Both PA 1 and PA 2 propose the development of commercial and/or multifamily uses. For these land uses the maximum height proposed, per the SP, is 60 feet (or 4 stories) and 70 feet with architectural features.

Planning Areas 2 and 3 are located adjacent to Monroe Street and will be the primary planning areas visible from the right-of-way. PA 2 and 3 propose the development of commercial/retail and mixed commercial and multifamily uses. For these land uses the maximum height proposed, per the SP, is 60 feet (or 4 stories) for PA 2 and 60 ft (or 3 stories) for PA 3. Both allow a 70-foot building height maximum with architectural features (The Oasis at Indio Specific Plan).

However, the construction of Street A will maintain some unobstructed views to the west.

Due to Planning Areas 3 and 4’s location adjacent to the I-10 freeway, development within these areas will impact the views of the Little San Bernardino Mountains and Indio Hills. PA 3 proposes commercial retail uses, while PA 4 would develop 1,806,290 square feet of industrial uses and a substation. According to the Specific Plan, buildings in PA 3 will not exceed 60 feet or three stories, while buildings in PA 4 will not exceed 100 feet. Development of these planning areas will result in obstructions to the natural landforms north of the I-10 from motorists.

Although the project’s proposed buildings would result in obstructions to the existing landforms, building form, mass, and scale standards are established in The Oasis at Indio Specific Plan to reduce impacts to natural resources and impacts to the scenic quality in the area. Multifamily residential and mixed uses proposed in PA 1, PA 2, and PA 3 will use simple geometric forms for the overall building form. Rectangular forms are encouraged to promote balance and visual interest, while arbitrary, complicated building forms shall be avoided. Multi-family residential buildings and residential mixed-use buildings should express a rhythm and pattern through repeated patterns of lines, shapes, forms, and/or colors that reflect the size and scale of a housing unit and/or individual rooms and spaces.

Additionally, building breaks, modulation, and variation established in The Oasis at Indio Specific Plan allows for the opportunity of views of the scenic resources to occur along the

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1131 of 2236 79 rights-of-way. Additional design guidelines for multifamily residential and mixed-use planning areas are included on pages 4.1-31 and 4.1-38 of the DEIR.

Industrial buildings, doors, and loading docks proposed in PA 4 facing I-10 are not required to be fully blocked from view but will include landscape treatments. Truck loading docks shall be screened from pedestrian-level, public view from the streets. Screening may be aesthetically compatible landscaping or comparable materials that blend with the architectural and landscape treatments of the site and perimeter landscaping. The screening of the buildings, and the favorable building forms and massing, as established in the SP, would reduce the building’s impact on scenic resources. Additionally, two large retention basins are proposed along the southern boundary of PA 4. The retention basins provide a green buffer area between the industrial use and Interstate 10 (DEIR page 4.1-45). Breaks, modulation, variation, and setbacks established in the Specific Plan allow the opportunity for views the scenic resources to occur along I-10. The use of breaks between buildings result in visual corridors allowing passing motorists to see brief views of these landforms. Additionally, building setbacks from the I-10 would reduce the scale of the buildings from the right-of-way.

Development of the project site would result in some visual obstruction to the distant landforms; however, design guidelines will reduce the impacts. Additionally, as a standard requirement, the project site plan and design will undergo review by the City to ensure impacts are less than significant.

The 3-acre IID substation is proposed adjacent to the I-10 freeway to provide electricity service to the project property. The substation will be constructed during the construction of the first buildings. Electricity transmission/distribution infrastructure extending from the substation will be underground, apart from lines greater than 92 kV. Due to the substation’s proposed location adjacent to the I-10 freeway, it will obstruct views of the Little San Bernardino Mountains and Indio Hills from motorists travelling along the I-10. A typical IID substation will include lighting arresters, conductors, insulators, instrument transformers, electrical power transformers, relays, circuit breakers, bus bars, etc. The proposed substation will be designed in compliance with IID’s site requirements (IID RGSTD-0001), which requires two 30-foot (width) access roads and fencing (either chain-link or block wall). Landscaping is allowed around substations; however, if proposed, the site design must include low-maintenance plants, and can include non-vegetative groundcovers (i.e., crushed rock, river rock, or compacted sand and rock). Plants must maintain a 52-inch minimum clearance from the fence, and trees shall be planted 12 feet from the fence.

Trees are not allowed to be planted under or near transmission lines, distribution lines, or near poles or structures. Landscape plans must be submitted to IID engineering for approval.

The project site is surrounded by vacant and agricultural land to the north and west, and commercial uses to the east. The closest residential property to the project site is located approximately 650 feet north of the project with their rear yards facing the project. Views of the south-lying mountain range from the residential properties are obstructed by existing block walls surrounding the community and existing landscaping. Additionally, due to the distance of the Santa Rosa Mountains from the existing residential community, it is likely that midrange or peak views of the mountains are not visible from the backyards. Moreover, the project site is not likely to obstruct views of scenic resources from the residential properties due to the distance of these residential properties from the project site. Impacts will be less than significant.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1132 of 2236 80 Overall, impacts to scenic vistas from this location would be less than significant. As a standard requirement, the project site plan and design will undergo review by the City to ensure impacts are less than significant.
ii. Substantially Damage Scenic Resources within a State Scenic Highway Corridor
The proposed project occurs south of Avenue 42, west of Monroe Street, north of the I-10, and west of the Thousand Palms Storm Channel and Madison Street. The project site is currently vacant and undeveloped. The property does not contain any landmarks or scenic resources, such as trees, rock outcroppings, or historic buildings that may be altered or damaged by utilization of the site.

1. Finding Regarding Scenic Resources within a State Scenic Highway The project will not substantially damage scenic resources within a State scenic highway corridor, due to the project’s distance from scenic resources. Thus, the project’s effects relating to the scenic resources will be less than significant. No mitigation measures are necessary.

Facts in Support of Finding:

A review of the California State Scenic Highway Program determined that the project site is not located within a designated State Scenic Highway. Although there are no adopted designated scenic views, scenic corridors, or vista points/viewpoints in the City, the County of Riverside Western Coachella Valley Area Plan (WCVAP) identifies I-10 as a County-eligible scenic highway. The I-10 provides views of the desert and mountains located in the surrounding area.

The I-10 is located immediately south of the project property; and from the segment of Interstate 10 adjacent to the project site, existing views of the Little San Bernardino Mountain and Indio Hills to the north are unobstructed. Thus, development of the proposed project will partially obstruct views of Little San Bernardino Mountains and Indio Hills when observed from Interstate 10. However, views of the San Jacinto Mountains and Santa Rosa Mountains would not be obstructed by the project. The screening of the buildings, and the favorable building forms and massing, as established in the SP, would reduce the building’s impact on scenic resources.

Development of the proposed project would not damage the scenic resources (i.e., surrounding mountains) due to their distance from the project site. The project does not propose construction on or near any scenic resources, therefore, no impacts are expected.

Although development of the project would obscure views of the mountains north of the I-10 freeway, building standards and design guidelines are established in the Specific Plan to reduce these impacts. These standards and guidelines include the use of breaks between buildings, resulting in visual corridors, allowing passing motorists to see brief views of these landforms.

Additionally, building setbacks from the I-10 would reduce the scale of the buildings from the viewpoint location (I-10). The setbacks will include the development of basins along the southern boundary of PA4 which are designed to capture, immobilize, and treat pollutants from onsite stormwater runoff. Overall, impacts to scenic resources within a State scenic highway corridor would be less than significant.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1133 of 2236 81 i. Substantially Degrade the Existing Visual Character or Quality of Public Views of the Site and its Surroundings, or if the Project is in an Urbanized Area, Would the Project Conflict with Applicable Zoning and Other Regulations Governing Scenic Quality
The project site is in a developing area in the City of Indio. Developed areas include commercial structures to the east, agriculture and residential uses to the north, the I-10 and Coachella Valley Stormwater Channel to the south, and Thousand Palms Stormwater Channel and Madison Street to the west. Vacant lots are scattered north and east of the project. Thus, the surrounding area is characterized as developing and urbanized.

The project proposes mixed uses (residential and commercial), and industrial uses in four planning areas. Planning Areas (PA) 1, 2 and 3 propose mixed use commercial and multifamily residential uses, and PA 4 proposes industrial uses.

1. Finding Regarding Confliction with Applicable Zoning and Other Regulations Governing Scenic Quality
The project is located in an urbanized area and the project will not conflict with applicable zoning or other regulations governing scenic quality. The Specific Plan establishes all the development guidelines and design standards for the entire project site. The Oasis at Indio Specific Plan, if approved, would function as the document governing the development of the project (including development standards and design guidelines). Thus, the project’s effects relating to the scenic quality will be less than significant. No mitigation measures are necessary.

Facts in Support of Finding:

To allow the proposed residential, mixed-use, commercial, and industrial uses, the proposed project intends to submit a Specific Plan for the entire property to replace the existing MUN, RC, and SP zones, with one Specific Plan zoning designation associated with The Oasis at Indio Specific Plan (see Exhibit 4.1-15 in the DEIR). The proposed mixed use and industrial uses will be implemented under The Oasis at Indio Specific Plan, if approved.

The Oasis at Indio Specific Plan establishes the design guidelines for the 183-acre project site, to create a high-quality and cohesive project while allowing for variation and flexibility within the planning areas. Specifically, the Specific Plan outlines guidelines influencing site design, exterior design, and architectural features and accents for the proposed commercial, residential, mixed use, and industrial uses. These design guidelines are intended to result in a cohesive, highquality project that will enhance the character of the site and maintain consistency with the existing developments in the project area. These design guidelines for the proposed project and their consistency with the Indio General Plan goals and policies are summarized on pages 4.1-53 through 4.1-55 in the DEIR.

With the proposed design guidelines, the proposed project design will be consistent with the existing scenic quality of the area, which is characterized by existing commercial uses to the east and residential uses to the north. The project’s perimeter landscaping, block walls, and the entry points will be similar in appearance and quality to the existing communities. The uses within the project will be subject to the regulations outlined within the Specific Plan. It will be consistent

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1134 of 2236 82 with the prevailing desert-themed architectural styles of other developments in the City. Impacts associated with scenic quality will be less than significant.

Moreover, as a standard requirement, the project site plan, design, and development standards will undergo review by the City to ensure impacts are less than significant. With the foregoing analysis, the project would not result in significant impacts to scenic quality.

Moreover, due to the project’s proximity to the Bermuda Dunes Airport (approximately 1 mile to the west), the project is located within Zones C, D and E of the Airport’s Land Use Compatibility Plan (ALUCP). Therefore, properties located within the Airport Influence Area (AIA) shall be subject to the requirements and standards of the Bermuda Dunes ALUCP. This will ensure that building heights are not exceeded within the ALUCP’s area. This is consistent with Policy LU-1.6 of the Indio General Plan, which regulates development within the Bermuda Dunes Airport Influence Area.

Overall, the project would result in less than significant impacts to scenic quality. ii. Create a New Source of Substantial Light or Glare
The project site does not currently have existing sources of lighting. Presently, existing sources of fixed nighttime lighting in the project vicinity can be attributed to the existing residential areas located north, commercial uses to the west, and the surrounding roadways. The closest residential property to the project site is approximately 650 feet to the north. The residential properties north of the project contribute to low-intensity lighting, which includes wall-mounted, downward-oriented fixtures in the patio, side, and front yards of the homes. Additionally, the vacant properties surrounding the project property (to the north, south, east, and west) do not contribute to the area’s existing ambient lighting. Street lighting (i.e., light posts, traffic signals) occurs on the roadways adjacent to the project site. Signalized traffic intersections are located at the Avenue 42 and Monroe Street intersection, Monroe Street and Showcase Parkway intersection, and the Monroe Street and I-10 on- and off-ramp intersection. Development of the project will introduce additional light to the area.

1. Finding Regarding Substantial Light or Glare
The project will not create a new source of substantial light or glare. Thus, the project’s effects relating to the light and glare will be less than significant. No mitigation measures are necessary.

Facts in Support of Finding:

The proposed entries and landscape improvements to the Avenue 42 and Monroe Street frontages will incorporate a uniform landscape and lighting plan outside of the perimeter walls that conform to standards of the City. The light fixtures will accentuate the proposed signage, trees, and other landscaping features, making them compatible with the existing landscaped frontage along Monroe Street associated with the commercial uses. A traffic signal is proposed at the main entrance to PA1, which will contribute to some daytime and nighttime lighting.

However, the new traffic signal’s contribution to daytime and nighttime lighting is typical along Avenue 42, and consistent with General Plan buildout of the roadway.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1135 of 2236 83 For purposes of nighttime safety, the proposed parking lots, entry points, common areas, courtyards, and pedestrian paths are also expected to include the appropriate levels of illumination consistent with the City’s Unified Development Code. Outdoor lighting in PA 2 through 4 would comply with the standards in Indio Unified Development Code Section 3.02.11, which prohibits searchlights, hazardous lighting, mercury vapor, illumination of entire buildings, large commercial antenna lighting, roof-mounted lighting, flashing lights. Additionally, Section

3.02.11 requires that projects be Dark-Sky compliant, including color temperature of outdoor lighting not exceeding 3,000 Kelvins. All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to prevent glare, light trespass, and light pollution and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated. All exterior lighting shall be located and directed so as not to emit light on adjacent properties. Onsite lighting within PA 1, PA 2, PA 3 and PA 4 will comply with standards stated in Section 3.002.11 and will result in lighting levels consistent with those of surrounding developments and the requirements of the Development Code and will be less than significant. In addition to complying with these standards, the proposed landscaping treatment will function as a visual screen to further attenuate the visibility of light fixtures from the existing surrounding vantage points that may be sensitive during the evening hours. Per Section 3.02.11 of the Development Code, the illumination of public and private street lighting, athletic field lights, safety and security lighting, construction and emergency lighting, and temporary lighting (i.e., lights used for holiday decorations, etc.) are exempt from the requirements of Section 3.02.11.

Utility infrastructure such as substations typically include lighting for security purposes and to deter vandalism. It provides safety for line crews who may be performing maintenance at night.

Substation light fixtures at newer facilities are typically downward oriented to mitigate light spillage onto adjacent properties and to reduce light pollution. The proposed substation would contain permanent night lighting. Lighting at the substation would consist of downward-oriented fixtures in areas where nighttime operations or maintenance activities would occur. Lights for maintenance would be turned off during times when lights are not needed. Lights at substation facilities typically include fixtures that do not cause spillover onto adjacent properties, while providing security for the substation. The use of downward-oriented fixtures reduces light spillover onto adjacent properties, reducing lighting impacts from the facilities. Additionally, the substation would be located adjacent to I-10, which contributes to existing ambient lighting from passing vehicles and streetlights. Overall, impacts would be less than significant.

According to Chapter 4, Design Guidelines, in The Oasis at Indio Specific Plan, the buildings, color and material should be used in a way that is consistent with the overall architectural design.

A dominant building material and color should be clearly established in each building. Accents and variations may then occur within the background established by the dominant base. The dominant colors for buildings should be more neutral in nature, with the more intense colors used for the accents. The proposed structures are expected to have majority neutral finishes (including white and earth-tones) that do not have highly reflective properties or other conditions that would cause substantial daytime or nighttime glare. In order to reduce the visual impact of long building facades, the project will use various paint colors, building materials, recesses, offsets, reveals, decorative fixtures, landscaping, screen walls, and other methods.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1136 of 2236 84 Moreover, all industrial facilities shall be constructed of permanent finished materials, such as concrete or masonry. Acceptable exterior finish materials include concrete with textured or sandblasted finishes. Glass, glazing systems, glass block, ceramic or natural stone tile, decorative metal, and metal panel systems are appropriate when used as accents. Metal siding may be used as an architectural detail or only when it serves a practical purpose (e.g., refrigeration units) and is limited to 15 percent of an elevation. Exterior building colors are light with warm tones with darker or more vibrant accent colors on wall planes at focal points, such as around building entrances and near outdoor gathering spaces. Additionally, architectural designs may mix colors, materials, and textures to articulate facades and create visual appeal. Materials and colors shall match and enhance the architectural style of the building.

Overall, the project will not substantially contribute to light or glare.

B. AGRICULTURAL AND FORESTRY RESOURCES
i. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland); or Involve Other Changes in the Existing Environment Which, Due to Their Location or Nature, Could Result in Conversion of Farmland, to Non-Agricultural Use
The site contained active agricultural land from the 1930s to 2005; however, it is currently vacant. According to the 2018 Important Farmland Map prepared by the California Department of Conversion, Farmland Mapping and Monitoring Program (FMMP), the site is designated as Farmland of Local Importance and Other Land. Approximately 174 acres of the 183-acre project site is designated as Farmland of Local Importance, and 12.9 acres is designated as Other Land.

1. Findings Regarding Converting Farmland to Non-Agricultural Use The project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and will not involve other changes in the existing environment which could result in the conversion of farmland to non-agricultural use, and accordingly, result in less than significant. No mitigation measures are necessary. The City Council further finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the Draft EIR.

Facts in Support of Finding:

Based on the City’s Zoning Map, the project site is zoned Regional Commercial (RC) on the eastern side of the project, Mixed-Use Neighborhood (MUN) on the southeastern corner of Avenue 42 and of Clinton Street, and Specific Plan (MU-SP) on the western side of the project site. Surrounding zoning to the north of the project includes MUN, MU-SP, Project Master Plan (PMP), and Sun City Shadow Hills PMP; zoning to the east of the project is RC; zoning to the south includes Heavy Industrial (IH), Parks and Open Space (OS), Light industrial (IL), Suburban Neighborhood-8 (SN-8), and Mobile Home (MH); and zoning to the west includes MU-SP, OS, and IL. The project site and the surrounding land zoning designations do not promote agricultural developments. Based on the City’s Zoning Map, the City does not have exclusive agricultural land use designations for future developments. Rising land values, water

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1137 of 2236 85 costs, increasing taxes, and other land use conflicts have contributed to a substantial reduction in agricultural viability within the City.

Although the project would convert land previously utilized as farmland, which is identified as Farmland of Local Importance, the project is not designated as Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or active farmland, and thus, will not convert these land designations to non-agricultural uses. Additionally, according to the City Zoning Map, the project site and surrounding areas are not zoned for agricultural uses, and the loss of agricultural land in the City is anticipated by the General Plan. Moreover, reflective of the difficult conditions related to the cultivation of farmland in the City of Indio, the site has not been used for agricultural purposes in 20 years. During that time, the City has planned for conversion of the project site to urban uses, including housing and industrial uses. For the reasons identified above, including that the project would not convert actively cultivated (or recently actively cultivated) farmland and the intention of the City to develop the project site and surrounding areas, the project would result in less than significant impacts. ii. Conflict with Existing Zoning for Agricultural Use, or a Williamson Act Contract
The Williamson Act enables counties and cities to designate agricultural preserves (Williamson Act lands) and within these preserves, offer preferential taxation to agricultural landowners based on the agricultural income producing value of the property. There are active Williamson Act Contracts within the City limits and additional acreage designated as agricultural preserves by the County of Riverside.

1. Findings Regarding Agricultural Zoning or a Williamson Act Contract
The project will not conflict with existing zoning for agricultural use or a Williamson Act Contract, and accordingly, result in less than significant. No mitigation measures are necessary.

The City Council further finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the DEIR.

Facts in Support of Finding:

The project site and the surrounding land is not zoned for agricultural use. The project site is zoned RC, MUN, and MU-SP. Land zoning to the north includes MUN, MU-SP, PMP, Sun City Shadow Hills PMP. Land zoning to the east is RC. Land zoning to the south (separated by Interstate 10 freeway) is IH, OS, IL, SN-8, and MH. Land to the west is zoned MU-SP, OS, and IL. According to the City’s zoning map and the City’s General Plan Update EIR, there are no exclusive agricultural land use designations; therefore, development facilitated by the General Plan could eventually convert Farmland of Local Importance, like the project site, to nonagricultural uses. In addition, although there are 30 acres of designated lands under Williamson Act Contract in the City, the General Plan Update EIR does not identify land use types to support agricultural production.

The project site is not subject to a Williamson Act contract and is not located near areas designated under a Williamson Act contract. Although agricultural properties are located north

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1138 of 2236 86 of the project, that land is not designated as Williamson Act contracted lands. According to the Williamson Act Land Conservation Act Map 2015-2016, the closest Williamson Act Contract property is located approximately 4.8 miles southeast of the project. Therefore, impacts to zoning for agricultural use or Williamson Act Contract land is less than significant. iii. Conflict with Existing Zoning for, or Cause Rezoning of, Forest Land, Timberland or Timberland Zoned Timberland Production or Result in Loss of Forest Land or Conversion of Forest Land to Non-Forest Use The City of Indio does not have land designated as forest land, timberland, or timberland zoned Timberland Production within the City boundaries. Additionally, these activities do not occur within the City.

1. Findings Regarding Rezoning, Conversion, or Loss of Forest Land, Timberland or Timberland Zoned Timberland Production to NonForest Use The project will not conflict with existing zoning for or rezoning of forest land, timberland, or timberland zoned timberland production, or result in loss of forest land or conversion of forest land to non-forest use, and accordingly, result in less than significant. No mitigation measures are necessary.

Facts in Support of Finding:

The City of Indio does not have land designated as forest land, timberland, or timberland zoned Timberland Production within the City boundaries. These activities do not occur within the City.

Therefore, implementation of the proposed project would not conflict with zoning or rezoning of forest land, timberland, or timberland zoned Timberland Production, or result in the loss of forest land or conversion of forest land to non-forest use. Impacts are less than significant.

C. AIR QUALITY
i. Result in Other Emissions (Such as Those Leading to Odors) Adversely Affecting a Substantial Number of People
Although implementation of the proposed project would increase criteria air pollutant emissions within the Salton Sea Air Basin (SSAB), any analysis linking potential adverse health risks to corresponding pollutant concentrations would be speculative for several reasons.

As described in the DEIR, it would be speculative to transform the mass increase in VOC, NOx, and PM emissions that could occur with implementation of the project into quantifiable health risks for several specific reasons, including the uncertain location of emission points, velocity of emissions, the meteorology and topography of the area (which could affect the transport rate and photochemical reactions needed to produce ozone), background criteria air pollutant emissions in the future, and the location of receptors in relation to emission sources. However, given that the project’s operational emissions are far less than that modeled by the SCAQMD for its 2012 AQMP, which showed a relatively minor increase in criteria air pollutant concentrations for a

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1139 of 2236 87 large mass of emissions, mass operational emissions associated with implementation of the project would not substantially alter criteria air pollutant concentrations within the SSAB.

Furthermore, most emissions generated by the project would come from gasoline‐powered mobile sources, which are transient in nature and would generate the majority of emissions off‐site.

Potential odors may or may not, depending on the individual’s olfactory sensitivity, be perceived as objectionable, offensive, a nuisance, etc. Odors are regarded as an annoyance rather than a health hazard. An odor that is offensive to one person may not be offensive to a different person, and unfamiliar odors are more easily detected and are more likely to cause complaints than familiar odors, as a person can become desensitized to almost any odor over time (known as odor fatigue). In general, the quality and intensity of an odor influence a person’s reaction. The quality of an odor indicates the nature of the smell experience (e.g., flowery, putrid). The intensity of an odor depends on its concentration in the air. When an odor sample is progressively diluted, the odor concentration decreases. As this occurs, the odor intensity weakens and eventually becomes low enough where the odor is no longer detectable.

The proposed project could generate odors from the following sources and activities:
• Evaporation of gasoline, oil, and other fluids that can escape from pumps, hoses, and tanks in construction equipment and motor vehicles (e.g., haul trucks, tow trucks, and other vehicles).
• Off‐gassing of volatile compounds from asphalt surfaces (e.g., paving) and architectural coating activities.
• Emissions from heavy‐duty construction equipment (e.g., a loader, backhoe, grader, etc.) and passenger vehicle and truck exhaust pipes.
• Fugitive and stationary source emissions from operations such as restaurants and retail fuel stations.

1. Findings Regarding Other Emissions Adversely Affecting a Substantial Number of People
The project will not result in other emissions such as those leading to odors adversely affecting a substantial number of people, and accordingly, impacts will be less than significant. No mitigation measures are necessary. The City Council further finds that the project’s odor related impacts will be less than significant. No mitigation measures are necessary. The City Council further finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the Draft EIR.

Facts in Support of Finding:

As stated above, the project would not substantially alter criteria air pollutant concentrations within the SSAB. Furthermore, most emissions generated by the proposed project would come from gasoline‐ powered mobile sources, which are transient in nature and would generate the

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1140 of 2236 88 majority of emissions off‐site. Aside from mobile source emissions, which are anticipated to become cleaner over time due to actions taken at the state and federal level, the next largest sources of criteria air pollutant emissions are anticipated to come from the use of consumer products and landscaping equipment. Neither of these sources would be used at the frequency nor magnitude required to result in criteria air pollutant emissions that would be harmful to one’s health. Therefore, implementation of the proposed project would not exacerbate or contribute to significant health risks at or in proximity of the project area, nor would it increase the number of state or national ambient air quality standard exceedances). This impact would be less than significant.

Although the proposed project could generate potential odors that could be detectable at on‐ and off‐site receptor locations, this impact would not be significant for several reasons. First, the potential odors associated with the proposed project are common in the vicinity of the project area due to the proximity of the I‐10 and existing food service and gas station facilities located in the Palms at Indio commercial development adjacent to the project area. The project, therefore, would not result in the release of atypical or unfamiliar odors near sensitive receptors (e.g., odors associated with specific land uses such as a landfill or specific industrial processes such as coffee roasting). Second, construction and operational activities would not result in the continuous generation of odors, and potential odors from construction and operational activities would disperse as meteorological conditions change. Third, the proposed project includes a performance standard that requires residential units to be designed to minimize adverse odor impacts from non‐residential or commercial mixed‐use components, such as through the inclusion of air ventilation systems to limit odor penetration into dwelling units. Finally, according to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints include agricultural operations, wastewater treatment plants, landfills, and certain industrial operations (such as manufacturing uses that produce chemicals, paper, etc.). The proposed project would not include any such operations.

Therefore, the construction and operation of the proposed project would not generate unusual, atypical, or excessive odors that could affect a substantial number of people. This impact would be less than significant.

D. CULTURAL RESOURCES
i. Historical Resources
Historical resources include properties designated as California Historical Landmarks, Points of Historic Interest, or Riverside County Landmarks, as well as those listed in the National Register of Historic Places, the California Register of Historical Resources, the California Historical Resources Inventory, or the City’s inventory.

The project area is in a portion of the Coachella Valley that has seen much growth in both the historic and modern eras. In the mid-19th century, the project area and its vicinity showed no sign of settlement or development. The only man-made feature nearby was a winding road located a few miles to the south, which branched off from the Coco-Maricopa Bradshaw Trail near present day Indian Wells and led to present day Indio (GLO 1856). Fifty years later, the Cabazon and Augustine Indian Reservations had been established, the Southern Pacific Railroad

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1141 of 2236 89 passed just to the south of the project area, and a few roads and buildings were noted in and around the tiny town of Indio, to the southeast of the project area. The project area itself, however, remained vacant. By the 1940s, scattered buildings, roads, and agricultural fields had appeared in the surrounding area, reflecting the growth of the region during the first half of the 20th century. Within the project boundaries, three buildings stood in the southern portion along with a couple of dirt roads.

1. Findings Regarding the Project’s Impact to Historical Resources The project will not create a substantial adverse change to a historical resource, and therefore, impacts are less than significant.

Facts in Support of Finding:

By 1953, it appears the pre-1941 buildings were gone, but now there were several buildings stretched over roughly 500 feet in a narrow strip between the agricultural fields south of Avenue

42. Two buildings stood near the central project area on a corner between agricultural fields, accessed by dirt roads from the west and south, and the group of buildings visible on the 1956- 1959 maps were also in place. By 1972, a ranch-style residence had been built just east of the strip of buildings and another building had also been added to the group in the middle; meanwhile the building group in the southeast corner appears to have diminished in number and were later removed entirely sometime between 1984 and 1996. The rest of the buildings were removed between 2008 and 2009 leaving behind foundations and palms and other trees that had served as landscaping to the residence along Avenue 42. Later images reveal that the buildings to the west of the residence were all one-story buildings and/or modular structures, all of them utilitarian in nature. A search of available archival records has yielded no further information about the buildings or their construction history.

Given that the project area remains entirely undeveloped, and that the ground surface has been disturbed by agricultural activities since the early 1930s, no impacts to historical resources are expected.

E. ENERGY
i. Result in Significant Environmental Impact Due to Wasteful, Inefficient, or Unnecessary Consumption of Energy Resources
The DEIR analyzed the impacts of project-related energy consumption during construction and operation. It is anticipated that the project’s construction activities will consume energy resources in the form of electricity and petroleum, while operational activities will consume energy resources, primarily in the form of petroleum, natural gas, and electricity.

The proposed project’s construction energy consumption estimates are based on a series of different construction activity models based on the conceptual site plans and development assumptions for the Maximum Buildout Scenario (MBS) and Scenario 2. The construction models start in January 2025 and conclude in August 2028.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1142 of 2236 90 The project’s operational energy consumption estimates are based on the MBS and Scenario 2 conceptual site plans and development assumptions, the trip generation assumptions, and the air quality and GHG emissions modeling conducted for the project. The energy consumption estimates assume full development of the project area occurs in the year 2033, consistent with the TIA conducted for the proposed project, provided by LLG, 2023.

1. Findings Regarding the Wasteful, Inefficient, or Unnecessary Consumption of Energy Resources
The project’s 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. The City Council further finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the Draft EIR.

Facts in Support of Finding:

Construction
The proposed scenarios could consume, in total, between approximately 1.23 and 1.34 million gallons of diesel fuel, between approximately 0.68 and 1.24 million gallons of gasoline, and between approximately 185 to 335 MWh of electricity. The maximum levels of consumption, if they were to occur, would represent (based on 2022 data) no more than approximately 0.6% of annual Riverside County diesel fuel sales, 0.1% of annual Riverside County gasoline fuel sales, and 0.01% of annual IID electricity sales.

The consumption of diesel, gasoline, and electric fuels in construction‐related off‐road equipment and vehicle trips are necessary to achieve the project’s goals and objectives, including, but not limited to, developing uses that ensure long‐term economic benefits and stability for the City, adding employment‐generating land uses that would create new jobs for the City, and providing development along Avenue 42 that results in a connected, complete place with housing and commercial uses organized into a walkable, transit‐supportive pattern of neighborhoods and centers. Thus, the project would not result in the unnecessary use of energy resources.

The project establishes land use and development regulations that provide balanced and sustainable residential and non‐residential development, based on the unique characteristics of the project area, and given its infrastructure, public service, and utility needs, to ensure the comprehensive and coordinated planning of the proposed project’s land uses. The project, therefore, would result in the orderly and efficient development of the project area pursuant to applicable project design guidelines, design standards, and City Municipal Code and Development Code requirements. The use of diesel, gasoline, and electric fuels to develop the project area and achieve project objectives would not be inefficient.

The project’s construction‐related energy consumption would be necessary and occur in an efficient manner. The project’s construction‐related energy consumption would be prolonged, but temporary, and would cease when construction in the project area is complete.

Petroleum‐powered off‐road equipment and on‐road vehicles would be subject to increasingly

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1143 of 2236 91 stringent Federal and State rules and regulations such as the Advanced Clean Trucks Program that would increase fuel efficiency. These rules limit truck idling, reduce the carbon content of transportation fuels, prohibit the addition of older, less‐efficient construction equipment to fleets, and transition passenger vehicles and trucks from petroleum‐based motive power to electric‐based motive power. The orderly and efficient development of the Project by off‐road equipment and on‐road vehicles operating in compliance with all applicable rules and regulations would not be wasteful.

As summarized above, the project would not result in the unnecessary, inefficient, or wasteful use of energy resources during construction of the project. This would be a less than significant impact.

Operation
The proposed project could consume, in total, between approximately 5.69 and 5.94 million gallons of diesel fuel, between approximately 8.77 and 8.99 million gallons of gasoline, between approximately 104.22 and 113.01 gWh of electricity, and between 64,501.8 and 89,593.2 MMBTU of natural gas. The maximum levels of consumption, if they were to occur, would represent (based on 2022 data) no more than approximately 2.4% of annual Riverside County diesel fuel sales, 1.0% of annual Riverside County gasoline fuel sales, 3.2% of annual IID electricity sales, and 0.02% of annual Southern California Gas sales.

The consumption of diesel, gasoline, electric, and natural gas in buildings and vehicles would be necessary for the safe, secure, and functional operation of sustainable and balanced residential and non‐residential land use activities.

The project provides for balanced and sustainable residential and non‐residential development that promotes efficient building and landscaping energy use and the development of a connected multi‐modal transportation network. The project would include multifamily residential development, which consumes less energy than new single‐family and condominium/townhouse developments. New buildings constructed as part of the project would, at minimum, consume electricity and natural gas in compliance with the mandatory prescriptive or performance‐based requirements established for Climate Zone 15 in the 2022 Building Energy Efficiency Standards (or Title 24). Title 24 establishes new multi‐family (including hotels and motels) building envelope (e.g., roof deck and ceiling insulation, roof solar reflectance, window insulation and glazing, window heat gain, etc.), building systems (e.g., space and water heating), lighting, and PV requirements. In particular, Title 24 standards include heat pumps as a primary prescriptive requirement for multi‐family building space and water heating systems, add new PV and battery storage requirements for multi‐family buildings with four habitable stories or more, and introduce mandatory electric‐ready requirements for new gas furnaces, cooktops, and clothes dryers to support the future transition of equipment powered by renewably sourced electricity.

Title 24 also includes improvements to non‐residential building envelope standards, new heat pump requirements for certain non‐residential building types, including retail and grocery buildings, office buildings, and office space of warehouse buildings, and new PV and battery storage requirements for non‐residential buildings. Although the project would be subject to Title 24 standards in effect at the time a building application is submitted to the City, the project would incorporate mitigation measures to reduce GHG and air quality emissions associated with

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1144 of 2236 92 building energy consumption, including Mitigation Measure GHG‐2, which requires future projects to design their roof areas to maximize solar access, and Mitigation Measure GHG‐3, which requires future projects to be at least 5% more efficient than applicable requirements. • Appliances: The federal and State governments establish minimum energy and water efficiency standards for appliances such as water heaters, furnaces, heat pumps, air conditioners, refrigerators, etc. The minimum energy efficiency standards apply to all new appliances sold or offered for sale in California. New appliances installed in buildings constructed as part of the project would consume energy and water in compliance with applicable minimum federal and State standards; however, Mitigation Measure GHG‐1 would require the installation of Energy Star certified appliances in residential dwelling units and non‐residential building space that is leased or sold with pre‐installed appliances. This measure would reduce the project’s total energy consumption. For example, the US EPA estimates that an Energy Star certified refrigerator is approximately 9% more energy efficient than a model that meets current minimum energy efficiency standards.
• Mobile sources: Although the vehicle and truck trips generated by the proposed project would consume diesel, gasoline, and electric fuel, this fuel consumption would occur in an efficient manner for several reasons. First, the proposed project allows for a mix of residential and commercial land uses that would provide internal capture and pass‐by trip reduction benefits, particularly for Scenario 2. Second, the proposed project layout for both scenarios maximizes commercial and industrial connectivity to I‐10 and Monroe Street, limiting commercial and industrial trip travel distances from City and regional roadways into the project area. Third, the VMT analysis prepared for the project indicates the project would result in residential VMT per capita and VMT per industrial employee that are approximately 35.3% and 0.9% lower than the Riverside County average, respectively (LLG, 2023b). The project’s location and mix of land uses would contribute to reduced VMT and the efficient use of mobile source energy resources. Finally, the project would be subject to City TDM requirements that would reduce vehicle trips and would incorporate mitigation measures to reduce potential air quality emissions from mobiles sources, including Mitigation Measure AIR‐4 through AIR‐7. These measures would primarily reduce mobile source fuel consumption by requiring the installation of infrastructure that supports the transition to electric vehicles and equipment. While these measures could increase the project’s total electricity consumption, the increase in electricity consumption as petroleum fueled vehicles transition to electricity is generally identified, acknowledged, and planned for in the 2022 Climate Change Scoping Plan and, the project would ultimately benefit from regulatory actions taken at the state level to reduce emissions from electricity production. For example, SB 100 requires 60% of the power purchased by California to come from renewable sources by 2030 and that all retail electricity be carbon free by 2045.
• Wastefulness: The proposed project’s operations‐related energy consumption would be necessary and consumed in an efficient manner consistent with all State requirements in effect at the time of approval, including the 2022 (or later) Building Energy Efficiency Standards, the 2022 Climate Change Scoping Plan, and the Indio CAP. In addition, the

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1145 of 2236 93 project includes design guidelines and development standards that promote building energy efficiency (i.e., using building techniques and materials that relate to Indio’s warm and dry climate, such as the solar controls and shading), promote landscaping energy efficiency (i.e., installing low maintenance and water efficient plants), support a multi‐modal transportation network (including bike lanes, pedestrian pathways, EV paths, and regular car travel), and minimize heat island effects by including natural landscapes. The orderly, purposeful, and efficient development and operation of the project in compliance with all applicable design guidelines, design standards, and energy code rules and regulations would not waste energy resources.

As summarized above, the project would not result in the unnecessary, inefficient, or wasteful use or consumption of energy resources. The mitigation measures specified above, while contributing to ensuring no wasteful use of energy, are not required to ensure impacts are less than significant. Therefore, impacts are less than significant. ii. Consistency with a State or Local Plan for Renewable Energy or Energy Efficiency
The project would not conflict with or obstruct a State or local plan adopted for the purposes of increasing the amount of renewable energy or energy efficiency as there are no such plans in effect that are directly applicable to the project. Nonetheless, as discussed in the DEIR, the project would be subject to the Building Energy Efficiency Standards for residential and nonresidential buildings, would incorporate mitigation to reduce GHG emissions that would also reduce building and appliance energy consumption. In addition, the project’s location and mix of land uses would contribute to reduced VMT and the efficient use of mobile source energy resources, and the project would incorporate mitigation measures to reduce air quality emissions that would also reduce diesel and gasoline fuel consumption.

1. Findings Regarding Consistency with State or Local Plans for Renewable or Efficient Energy
Compliance with existing state, regional, and City regulations, plans, and programs, in addition to the incorporation of project design features identified above and in the DEIR, would ensure that the project is consistent with all applicable state and local plans for energy efficiency, and therefore, project impacts related to energy resources will be less than significant. No mitigation measures are necessary. The City Council further finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the DEIR.

Facts in Support of Finding:

Title 24
Title 24 establishes new multi‐family (including hotels and motels) building envelope (e.g., roof deck and ceiling insulation, roof solar reflectance, window insulation and glazing, window heat gain, etc.), building systems (e.g., space and water heating), lighting, and PV requirements. In particular, Title 24 standards include heat pumps as a primary prescriptive requirement for multi‐family building space and water heating systems, adds new PV and battery storage requirements for multi‐family buildings with four habitable stories or more, and introduces

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1146 of 2236 94 mandatory electric‐ready requirements for new gas furnaces, cooktops, and clothes dryers to support the future transition of equipment powered by renewably sourced electricity. Title 24 also includes improvements to non‐residential building envelope standards, new heat pump requirements for certain non‐residential building types, including retail and grocery buildings, office buildings, and office space of warehouse buildings, and new PV and battery storage requirements for non‐residential buildings. The project will be required to meet the standards of Title 24, consistent with the City’s adoption of that Code.

Although the project would be subject to the Building Energy Efficiency Title 24 standards in effect at the time a building application is submitted to the City, the project would incorporate mitigation measures to reduce GHG and air quality emissions associated with building energy consumption, including Mitigation Measure GHG‐2, which requires future projects to design their roof areas to maximize solar access, and Mitigation Measure GHG‐3, which requires future projects to be at least 5% more efficient than applicable requirements.

CARB 2022 Scoping Plan
The 2022 Climate Change Scoping Plan (“Scoping Plan”) is CARB’s primary roadmap to ensure State GHG reduction goals are met by utilizing measures. The measures identified in the Scoping Plan are Statewide in nature and not applicable at the project’s level. However, the project would be required to comply with applicable current and future regulatory requirements promulgated through the 2022 Scoping Plan.

Although the 2022 Scoping Plan is Statewide in nature, Appendix D to the Plan identifies non‐binding, potential actions that could be undertaken at a local level to support the State’s climate goals. These actions primarily relate to preparing and implementing a qualified Climate Action Plan (CAP) at the local level, but also include specific recommendations regarding the types of measures qualified CAPs should consider aligning with those being undertaken at the State‐level. Section 3.2.1 of Appendix D also outlines project attributes for residential and mixed‐use projects to qualitatively determine consistency with the Scoping Plan. The City of Indio has a qualified CAP. The project is required to implement mitigation that require energy efficiency increases in new buildings and the installation of EV infrastructure, both of which are fundamental strategies identified in the Scoping Plan for achieving carbon neutrality by 2045.

The project, therefore, would support the overarching goals of the Scoping Plan. Thus, the project will not conflict with the Scoping Plan. Impacts are less than significant.

Indio Climate Action Plan
The City of Indio’s Climate Action Plan (CAP) also outlines measures to reduce energy consumed by existing and future developments within the City. The CAP details strategies and actions in five sectors (clean energy, low carbon buildings, zero waste, water conservation, and sustainable land use and transportation) to achieve the greenhouse gas emissions reduction goal.

The strategies and actions are implemented through State‐level programs to implement cleaner energy and decarbonized buildings, related plans and implementation programs across City departments, and new development proposals. The project is consistent with and would not obstruct implementation of the applicable strategies and actions contained in the City’s CAP (see Table 4.6-4 in the DEIR). Impacts would be less than significant.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1147 of 2236 95 Overall, the project does not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Impacts are less than significant.

F. GEOLOGY AND SOILS
i. Result in Landslides
The project site is located south of Avenue 42 between Madison Street and Monroe Street in the City of Indio. The site is situated on relatively level ground and is not immediately adjacent to any slopes or hillsides that could result in slope instability.

1. Finding Regarding Landslides
The project would not be impacted by landslides since the site is relatively flat, and would therefore, result in less than significant impacts. No mitigation measures are necessary.

Facts in Support of Finding:

No signs of slope instability in the form of landslides, rock falls, earthflows or slumps were observed at or near the subject site during the field investigation conducted by Sladden Engineering. As such, risks associated with slope instability should be considered "negligible".

Less than significant impacts associated with landslides and slope-related hazards are anticipated.

G. HAZARDS AND HAZARDOUS MATERIALS
i. Be Located on a Site Which is Included on a List of Hazardous Materials Sites Compiled Pursuant to Government Code Section 65962.5 The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies and developers to comply with CEQA requirements to provide information about the location of hazardous materials release sites. Government Code section 65962.5 requires that a list of these sites be maintained and updated at least annually. The State’s Department of Toxic Substances Control (DTSC) is responsible for a portion of the information contained in the Cortese List.

1. Findings Regarding Listed on a Hazardous Materials Sites Compiled List
The project is not located on a list of hazardous materials site compiled pursuant to Government Code Section 65962.5 and result in a significant hazard to the public and environment.

Therefore, less than significant impacts are expected.

Facts in Support of Finding:

No hazardous material sites were documented on the project site. Within a half mile of the project site, two of the three databases, GeoTracker and ECHO, listed hazardous materials sites.

The GeoTracker database listed seven registered Leaking Underground Storage Tank (LUST) Cleanup Site within a half-mile radius of the project boundary. The ECHO database listed 23

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1148 of 2236 96 registered active Resource Conservation and Recovery Act (RCRA) facilities, and 3 Clean Water Act facilities in a half-mile radius of the project boundary. The search results in the EnviroStor database did not identify registered facilities within a half-mile radius of the project property.

See Tables 4.9-1 and 4.9-2 of the DEIR.

A Phase I Environmental Site Assessment (ESA) and an Addendum to the Phase I ESA was completed in 2022 and 2024, respectively, by Partner Engineering and Science (Partner) (Appendix I.1 and I.2 of the DEIR). During the 2022 Phase I ESA, Partner observed several concrete pads at 81291 Avenue 42, one of which had a circular feature resembling a possible hydraulic lift piston. Based upon review of historical sources, it is known that this portion of the subject property was previously utilized as a machine shop and as a mechanical/auto repair area.

The hydraulic piston appeared to still be physically situated within the ground below the concrete pad. The presence of the potential below-ground hydraulic lift piston is considered a recognized environmental condition (REC) due to the unidentified releases to the subsurface in this location.

Therefore, Partner recommended that the identified hydraulic lift should be removed, and on October 30, 2023, Partner obtained a temporary EPA ID (CAC003258673) to prepare for the hydraulic lift removal. Soil testing of onsite soils determined that the soils did not contain detectable concentrations of Total Petroleum Hydrocarbons (TPH), volatile organic compounds (VOC), SVOCs, or PCBs above their respective laboratory Reporting Limits (RLs). Although some metals were detected in the SPPiston sample, none were at levels of concern or exceeded residential or commercial regional screening levels or were above typical background levels. The hydraulic lift was successfully removed and destroyed onsite. On January 4, 2024, Partner oversaw the backfilling of the hydraulic lift excavation pit with native soil and compacted along with the investigation and excavation of the anomaly area. The anomaly area was excavated, and a plastic pipe encased in cement with rebar was discovered. No UST or other large obstructions were encountered. The anomaly was backfilled to grade and the equipment demobilized from the site.

Based on the results of the field activities, including the removal and confirmation soil samples, with no evidence of a release in the vicinity of the hydraulic lift, Partner anticipates no further assessment will be warranted for the hydraulic lift. Therefore, there would be no impact on the public or the environment from the proposed project.
ii. Effect an Emergency Response Plan
The Emergency Services Element of the 2040 Indio General Plan addresses multiple components of the City’s public safety services, including police and fire service, emergency medical response and emergency preparedness. According to the Indio Police Department website, there are two police stations serving the City of Indio, the Indio Police Department located at 46800 Jackson Street, and the Thermal Sheriff’s Station (Riverside County Sheriff’s Department) at 86625 Airport Boulevard in Thermal. The Indio Police station is approximately 3.3 driving miles south of the proposed site and covers an area of over 30 square miles. The Indio Police currently have a staff of approximately 80 employees. The Thermal Sheriff’s station is approximately 9.5 driving miles southwest of the project site and provides police services to the cities of Indio, La Quinta, Coachella, and southern Coachella Valley communities.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1149 of 2236 97 The City’s Fire Department is currently equipped with approximately 56 full-time staff and four fire stations throughout the City. Station No. 80 is the closest station to the project property, located approximately 2 driving miles northwest of the project site. Response times for fire services in the City are six minutes and twenty seconds or less 90 percent of the time. Paramedic service is provided to the City of Indio and the project area by the City of Indio Fire Department.

Paramedic staff is located at Station No. 86 and Station No. 88, 3.4 driving miles and 3.2 driving miles respectively. The Police and Fire Departments within the City also rely on mutual aid agreements with neighboring jurisdictions to provide additional services when necessary. The City of Indio’s public safety personnel plan and train for all types of emergency and disaster situations that could affect the health and safety of Indio’s residents, visitors, business owners, and pass-through commuters.

1. Findings Regarding an Emergency Response Plan
The project is not anticipated to affect an emergency response plan, resulting in less than significant impacts. No mitigation is required.

Facts in Support of Finding:

Project implementation is not expected to interfere with Indio’s Emergency Operations Plan. The Plan includes checklists related to considerations for specific types of disasters or emergencies such as wildfires/structural fire, hazardous materials release, earthquake, flood, and terrorism/bioterrorism. The plan also includes the California Master Mutual Aid Agreement. The Operations Section of the Plan is responsible for coordination of all emergency response elements for an emergency event and is organized into four branches: Fire and Rescue, Law Enforcement, Community Services, and Public Works/Utilities. These branches coordinate on steps outlined in the plan for emergency evacuations with public safety, medical and health services, and delivery of essential provisions and other necessary resources as priorities.

Regional emergency evacuation routes for the Coachella Valley include the Interstate 10 (I-10) freeway and Highway 111. The I-10 freeway is situated immediately south of the project, and Highway 111 is approximately two miles south of the project. The City of Indio has developed and maintains an extensive arterial roadway network. The City’s primary and minor arterial streets serve as secondary routes. Vehicles accessing the street system from the project area will not interfere with evacuation routes or plans, insofar as the project will not alter any existing street used for these purposes.

The project area is served by Monroe Street to the east and Avenue 42 to the north. Concurrent with the development of the project, improvements to Monroe Street and Avenue 42 will result in completed street sections consistent with the City’s General Plan and the Complete Street and Drainage Master Plan. All street improvements shall be constructed in accordance with applicable City of Indio design standards and specifications.

Project development would result in improvements to existing public streets as well as the development of “A” Street, an east-west internal roadway. The internal roadway is designed to coordinate the movement of vehicles and pedestrians, minimize conflicts, and encourage a safe and enjoyable pedestrian experience in compliance with the General Plan.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1150 of 2236 98 The residential and commercial portions of the subject property will have access to Avenue 42 and Monroe Street while the industrial section of the property will be restricted to Monroe Street.

The project proposes an emergency entrance at the northwest corner of the property off Avenue

42. Project access points will be reviewed by the Fire Department, to ensure adequate access for emergency vehicles. Furthermore, for gated projects, the Fire Department requires the installation of a Knox-Box Rapid Entry System or similar device to facilitate emergency access by fire fighters and other emergency responders. This requirement will be included as a condition of approval for the project and assures that on-site emergency access impacts will be less than significant.

During construction, a Traffic Control Plan will be required as a condition of approval to be implemented throughout all construction activities. This plan will reduce impacts that may arise due to conflicts with construction traffic. Additionally, the project would be reviewed by City, Police and Fire officials to ensure adequate fire service and safety as a result of project implementation. Impacts will be less than significant.
iii. Expose People or Structures to Wildland Fires
The City of Indio is comprised of both urban and undeveloped uses. The northern portions of the City are primarily vacant or Coachella Valley Multiple Species Habitat Conservation Plan protected land. The mostly undeveloped Indio Hills also located in the northern portion of the City are characterized as a low mountain range. Meanwhile, the majority of the City is primarily occupied by single family residential, commercial space, and agricultural land.

The project site, located south of 42 Avenue, east of Madison Street and west Monroe Street, is currently vacant with minimal vegetation. Existing land uses surrounding the project include a mix of agricultural, residential, and vacant land. According to CALFIRE’s Fire Hazard Severity Zones in State Responsible Areas Map, the project site is not located in a Moderate, High, or Very High Fire Hazard Severity Zone (VHFHSZ).

1. Findings Regarding Exposing People or Structures to Wildland Fires The project is not located in an area susceptible to wildland fires and would not expose people or structures to such risks. Impacts would be less than significant and no mitigation is required.

Facts in Support of Finding:

According to CALFIRE’s Fire Hazard Severity Zones in State Responsible Areas Map, the project site is not located in a Moderate, High, or Very High Fire Hazard Severity Zone (VHFHSZ). This map indicates that the project is located in an incorporated Local Responsibility Area, while the areas north of the project property are located within a Federal Responsibility Area. Being in a Local Responsibility Area means that the area is designated by a local agency.

Additionally, CALFIRE’s Very High Fire Hazard Severity Zone (VHFHSZ) in Locally Responsible Areas (LRAs) Map indicates that the project is located in a Local, State/Federal non-VHFHSZ area.

In conclusion, impacts of exposing people or structures to a significant risk involving wildland fires are expected to be less than significant.

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i. Compliance with Water Quality Standards or Waste Discharge Requirements
As defined in Section 13374 of the CWC, the term "Waste Discharge Requirements” (WDRs) is equivalent to the term "permits” and therefore pertains to a process involving general permits to regulate similar groups or activities, such as construction or municipal, or as individual permits to regulate specific owners, operators or facilities. As discussed below, the relevant WDRs to the project occur in the form of general permits applicable during construction implementation and after construction as part of the MS4 water quality requirements. With the implementation of the general permits during construction and operation, the project would not result in significant waste discharge or water quality impacts.

1. Finding Regarding Water Quality Standards or Waste Discharge Requirements
The project will not have any significant adverse effects relating to any violations of water quality standards or discharge requirements. Finally, the City Council finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the DEIR.

Facts Supporting Findings:

During the construction phase compliance with water quality and waste discharge requirements will be achieved through the permit registration and coverage process under the NPDES General Construction Permit identified above. This will require development and implementation of a project-specific Stormwater Pollution Prevention Plan (SWPPP) that includes a strategy of BMPs that prevent pollution from leaving the site (see DEIR, at p. 4.10-19).

The project will also be required to comply with South Coast Air Quality Management District’s (SCAQMD) Rule 403 and 403.1 and the City’s Fugitive Dust Control Ordinance during construction. Implementation of Fugitive Dust Control Plans require soil stabilization practices aimed at preventing sediment erosion and track-out. The concurrent implementation of the required SWPPP and Dust Control Plan will establish measures to prevent potential constructionrelated impacts to surface water quality, including instances of erosion and siltation, at the site and its surroundings.

During the life of the project, the water quality standards and discharge requirements will be met through compliance with the NPDES permit identified above, including developing and implementing a project-specific Water Quality Management Plan (WQMP) demonstrating site design and source controls that prevent pollutant runoff and meet 100 percent of the Low Impact Development (LID) Site Design requirements, including the use of retention basins on-site. The project specific WQMP addresses post construction stormwater runoff quantity and quality requirements by relying on the proposed storm drain and infiltration facilities with a mandated operation and maintenance program to meet the LID Site Design criteria. This WQMP strategy centers around the use of retention facilities as the primary method of LID and MS4 compliance.

The overall maintenance of the private storm drain system will be covered by a final WQMP Operation and Maintenance (O&M) agreement. The Preliminary WQMP O&M covers

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implementation, inspection, maintenance and frequency guidelines for education for property owners, tenants and occupants; activity restrictions; common area landscape management and efficient landscape design; common area litter control; contractor/employee training; common area catch basin inspection; street sweeping of private streets and parking lots; storm drain system stenciling and signage; trash and waste storage areas to reduce pollutant introduction.

The use of stormwater retention facilities in conformance with the local retention requirements is considered categorically by the MS4 guidance to meet 100 percent of the LID and Site Design measurable requirements. Concurrent with the hydrology report, grading, and engineering improvement plans, the WQMP will be subject to review and approval by the City engineer prior to the issuance of a grading permit. During the life of the project, this plan is implemented through a site-specific Stormwater Management/BMP Facilities Agreement, which mandates the proper maintenance and operations of the project’s stormwater facilities and allows for City entry for inspection and enforcement.

In summary, during construction and operation, the proposed development will be required to comply with CWA, NPDES, state, and local regulations to prevent violations or impacts to surface water quality standards and waste discharge requirements. Impacts are less than significant.
ii. Effect on Groundwater Supplies or Interference with Groundwater Recharge
The project site and City of Indio are located within the domestic water service area of Indio Water Authority (IWA). The Coachella Valley Groundwater Basin is the primary groundwater source for the project region’s domestic water purveyors, including IWA. Based on the California Department of Water Resources (DWR), the Coachella Valley Groundwater Basin has an approximate storage capacity of 39.2 million acre-feet (AF) of water within the upper 1,000 feet and is divided into four subbasins: Indio, Mission Creek, Desert Hot Springs, and San Gorgonio. The project site is specifically underlain by the Indio Subbasin, which is also known as the Whitewater River Subbasin. DWR has estimated that the Indio Subbasin contains approximately 29.8 million AF of water in the first 1,000 feet below the ground surface, representing approximately 76 percent of the total groundwater in the Coachella Valley Groundwater Basin. IWA and other local water agencies, such as Coachella Valley Water District (CVWD), coordinate to implement water conservation, water reuse, and groundwater recharge strategies to ensure water availability and system capacity to meet the needs of the Coachella Valley.

The project will rely on groundwater resources as a source of domestic and construction water supplies. Accordingly, the impact analysis addresses project impacts on groundwater supply, recharge and groundwater management.

The project also has the potential to alter existing drainage and infiltration and groundwater quality. A Water Supply Assessment and Water Supply Verification (WSA/WSV) for the project was prepared. The preliminary findings of the WSA/WSV were that the total projected water demand for the project’s Maximum Buildout Scenario would be 930.42 AFY, or 5.09 acre-feet

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per acre. The total projected water demand for Land Use Scenario 2 would be 582.05 AFY or

3.18 acre-feet per acre (see DEIR page 4.10-22).

The project is not located near any designated groundwater recharge facility.

1. Finding Regarding Groundwater Supply or Recharge
The project will not have any significant adverse effects relating to groundwater supplies or interference with Groundwater Recharge. Finally, the City Council finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the Draft EIR.

Facts Supporting Findings:

The project also has the potential to alter existing drainage and infiltration and groundwater quality. A project-specific Water Supply Assessment and Water Supply Verification (WSA/WSV) was prepared (Appendix M of the DEIR). The preliminary findings of the WSA/WSV were that the total projected water demand for the project’s MBS would be 930.42 AFY, or 5.09 acre-feet per acre. The total projected water demand for Land Use Scenario 2 would be 582.05 AFY or 3.18 acre-feet per acre (DEIR page 4.10-22).

This WSA/WSV, prepared in accordance with the agency methodology, demonstrates that sufficient water supplies exist, or will exist based on current water planning assumptions, to meet the projected demands of the project, in addition to current and future projected water demands within IWA’s service area in normal, single-dry, and multiple-dry years over a 20-year projection. The WSA/WSV will be reviewed every five years, or in the event that the water planning assumptions have changed, until the project completes construction to ensure it remains accurate and no significant changes to either the project or available water supply has occurred.

This WSA/WSV does not relieve the project from complying with all applicable state, county, city, and local ordinances or regulations including the City of Indio Landscape and Water Conservation Ordinance, and indoor water use performance standards provided in the California Water Code (CWC). Additional information is provided in the Utilities and Service Systems section. Therefore, the result of the water demand and verification analysis that has been undertaken in the WSA/WSV to seek approval by IWA and CVWD, support less than significant impacts by the project pertaining to groundwater supplies.

The project proposes a system of retention facilities in compliance with the City’s Engineering Standards and in support of other City efforts toward self-contained development conditions whereby urban runoff is infiltrated on-site instead of producing a discharge condition that would otherwise be accepted or handled by public facilities. Existing natural groundwater treatment (infiltration) will be protected from urban runoff created by the proposed project through pretreatment of surface runoff to remove contaminants prior to discharge to groundwater.

Pretreatment includes implementing project BMPs for the removal of sediments and other prohibited contaminants from surface water that have the potential to impact groundwater quality. The project includes a storm drain system allowing project runoff to be intercepted and conveyed along engineered storm drain lines toward a system of on-site detention and retention basins, sized to meet the City’s hydrologic requirements and water quality objectives under a required WQMP. The storm drain and basin system will be privately operated, monitored and maintained during the life of the project per a required WQMP agreement to be entered between

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the project proponent and the City. In doing so, the project’s on-site infrastructure will be managed in perpetuity to prevent the discharge of untreated runoff.

The Preliminary WQMP includes non-structural and structural source controls to prevent pollutants from entering the storm drain system and impacting groundwater. Non-structural source control measures consist of site operations, activities, and/or programs described in the WQMP and implemented by the project operator to educate site managers, employees, and residents to prevent potential pollutants from being produced, coming into contact with the storm drain system, and impacting groundwater.

The required non-structural source control measures are as follows:
1) Education and training to understand the importance of pollution prevention (fulfilled in the WQMP by referencing the educational resources from the Riverside County Watershed Protection partnership program).
2) Activity restrictions, such as prohibiting littering, debris discharge into storm drain inlets, and any form of pollution.
3) Irrigation system and landscape maintenance to upkeep the system effectiveness and minimize the amount of irrigation-related runoff.
4) Common area litter control to prevent trash accumulation or improper disposal that could impair the on-site storm drain system.
5) Street sweeping private streets and parking lots on a routine basis to properly collect dust and debris from the privately operated paved areas.
6) Drainage facility inspection and maintenance to ensure the proper operation of the storm drain system, including privately operated inlets, lines, outlets, and basin facilities.

Structural source control measures consist of facility design standards to prevent direct contact between potential pollutants and stormwater runoff. The required structural source control measures are as follows:
1) Storm drain inlet stenciling and signage at each storm drain inlet with a brief statement prohibiting dumping of improper non-stormwater materials into the storm drain system. 2) Landscape and irrigation system design involving water efficient fixtures and associated maintenance to prevent nuisance runoff.
3) Retention basin slope protection via routine inspection and maintenance of the facility groundcover.
4) Properly maintained trash and enclosures and bins to prevent improper handling and disposal in common areas.

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The required non-structural and structural source control measures, including associated maintenance, will be applicable during the life of the project. The project is therefore not expected to violate or interfere with the groundwater quality. Regarding ground water quality, less than significant impacts are anticipated.

Finally, the project is not located on or near any designated groundwater recharge facility.

Stormwater runoff quantities up to the worst-case 100-year storm event will be managed and infiltrated on-site to achieve development self-containment. Less than significant impacts are anticipated pertaining to interference with groundwater recharge. iii. Result in Erosion or Siltation On- or Off-Site
The existing condition of the project site consists of undeveloped land with a cleared and leveled terrain resulting from previous modifications by former agricultural uses and related operations.

The prior uses converted the on-site native terrain into graded agricultural fields with a gentle gradient from northwest to southeast. The cease in agricultural uses resulted in a fallow condition, with portions of the site temporarily stabilized by instances of soil binder application for purposes of dust and erosion control. The existing site condition is known to be in a FEMAdesignated flood zone or other flood-prone condition under the Indio Master Drainage Plan (MDP) Update.

1. Finding Regarding Erosion or Siltation
The project will not have any significant adverse effects relating to erosions or siltation on- or off-site. Finally, the City Council finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the DEIR.

Facts Supporting Findings:

Within the project area, the proposed land uses will result in an increase in impervious land cover through the introduction of structures, hardscape and streets. Without engineering controls, such land use changes would translate to an increase in total stormwater runoff volume, an increase in runoff velocity, and a greater peak discharge. However, as is required through the City’s engineering standards for land subdivision and development, the project will incorporate on-site infrastructure to intercept, convey, and retain stormwater runoff resulting from the worstcase 100-year storm event. As described in the Preliminary Hydrology Study, the project includes a proposed storm drain system design to allow stormwater runoff conveyance via engineered conveyances to a system of retention facilities located on-site and at the lowest elevation point of each drainage management area. The retention basins will comply with the side slope, storage depth, minimum free board, and energy dissipation (erosion control) required by the City’s Engineering Standards. Each component of the storm drain system that comes into operation will be subject to maintenance measures during the life of the project to ensure effectiveness. The on-site pervious areas of the project will be stabilized in accordance with approved landscaping plans.

The self-contained condition of the project will prevent the release of runoff into neighboring properties and flood control facilities, therefore preventing off-site siltation and erosion impacts.

All on-site impervious and pervious land cover resulting from project implementation, including

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the storm drain system and surface basins, will be subject to proper operation and maintenance during the life of the project, as mandated by the WQMP agreement that will be required of this project prior to issuance of a grading permit. Therefore, less than significant impacts are expected pertaining to substantial erosion or siltation, on- or off-site. iv. Result in On- or Off-site Flooding
Based on FEMA FIRM Panel 06065C2251H, effective March 6, 2018, the entire project site is located in Zone X, an “area of minimal flood hazard”. Moreover, according to the adopted Indio MDP Update, the project site and its surroundings are located outside of any flood-prone area.

1. Finding Regarding On- or Off-Site Flooding
The project will not have any significant adverse effects relating to on- or off-site flooding.

Finally, the City Council finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the DEIR.

Facts Supporting Findings:

The project-specific Preliminary Hydrology Report has produced a calculation of stormwater runoff volume production from the proposed land uses in each on-site drainage management area based on the worst-case 100-year storm event. The estimated stormwater runoff volume associated with the project is approximately 1,697,072 cubic feet, which will be handled by a provided retention capacity of approximately 1,796,219 cubic feet. The retention capacity is distributed among a system of retention basins, rather than a single location, in order to prevent concentrated flows and volumes, while facilitating the management effectiveness of these facilities after construction. The proposed retention basins will comply with the maximum storage depth of 4 feet and the minimum 1 foot of free board to protect on-site structures from the designed water surface elevations from the 100-year storm. Water drawdown will occur within the required 72-hour time frame. The final volume and provided retention capacity will be subject to final review and approval by the City prior to project implementation.

As a result, the traditional impacts of land development, such as an increase in total stormwater runoff volume, runoff velocity, and peak discharge, and other hydromodifications capable of resulting in flooding, on- or off-site, will be prevented in this project through on-site retention and infiltration of the worst-case volume condition. As such, the proposed storm drainage and flood control improvements are not expected to substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Therefore, the impact is less than significant.
v. Create Runoff Which Would Exceed the Capacity of Existing or Planned Stormwater Drainage Systems.

The undeveloped project property is located within the adopted Indio MDP Update planning area. The Indio MDP Update identifies fifteen (15) locations throughout the City prone to flooding and standing water, consisting primarily of intersections and street segments. The Indio MDP Update indicates that the most common causes of flooding and standing water are low points on the street or property with inadequate or no drainage conveyance, lack of curbs and/or

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gutter facilities, and insufficient maintenance of existing facilities. Instances of street flooding are often caused by streets not having proper slopes and crowns, and lack of dewatering measures at low points. The MDP recognizes that the majority of locations with flooding or drainage issues are in older developments with very few to no existing storm drain facilities. The project site and immediate surroundings are not identified as being prone to flood in the Indio MDP Update. The Indio MDP Update identifies existing storm drainage facilities throughout the City consisting of existing lines, parkway infiltration, canals, dikes, natural drainage, waste ways, retention basins, and self-retained developments.

Off-site existing facilities under the Indio MDP Update include street catch basins and storm drain lines along Monroe Street to the east and on the north-side of the westbound Interstate 10 on-ramp. Planned facilities are identified to the north on Avenue 42, presumed to serve future development to the north, rather than the project site, which is situated downgradient of the future line. Existing and planned stormwater MDP infrastructure in the project vicinity is designed to discharge into the Coachella Valley Stormwater Channel to the south.

1. Finding Regarding Substantial Runoff
The project will not have any significant adverse effects relating to the creation of runoff which would exceed the capacity of existing or planned stormwater drainage systems. Finally, the City Council finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the DEIR.

Facts Supporting Findings:

In the context of this plan, the proposed project aligns with the MDP category of self-retained development by including private storm drain facilities with retention to contain the worst-case runoff volume from the 100-year storm event. This approach is consistent with the engineering requirements and beneficial toward the Indio MDP Update efforts in promoting localized infiltration and preventing a runoff contribution to existing and/or planned stormwater facilities.

Off-site existing and future facilities identified in the Indio MDP will not be used, obstructed, or otherwise impaired by the proposed development. Pertaining to runoff pollution, the on-site storm drain system’s detention system will capture project area runoff in accordance with a WQMP, effectively eliminating urban runoff and preventing uncontrolled release into any public MS4 facilities within the design parameters. The proposed on-site retention system capacity with free board as a required form of safety factor, is sized to contain the project’s volumetric quantity of stormwater runoff resulting from the worst-case 100-year storm event. Therefore, the project will not result in stormwater runoff conditions which would burden the City’s existing MS4 capacity, create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff.
vi. Impede or Redirect Flood Flows
The undeveloped project site is not located within a FEMA-designated Special Flood Hazard Area (SFHA), flood-prone condition as examined in the Indio MDP Update, or other naturally occurring drainage course. In the project vicinity, the existing Thousand Palms Stormwater Channel to the west and Coachella Valley Stormwater Channel to the south are designed to

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provide regional flood control. The site itself exhibits a relatively flat condition having resulted from prior agricultural land uses. The only known surface flows are those directly resulting from rain events and following the shallow elevation gradients on moderately drained soils. The project allocates space for stormwater retention facilities sized based on the Preliminary Hydrology Report that factor the tributary conditions. Flood flows are not present on or around the project site, such that impedance, obstruction, or redirection would result from project implementation.

1. Finding Regarding Flood Flows
The project will not have any significant adverse effects relating to impeding or redirecting flood flows. Finally, the City Council finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the Draft EIR.

Facts Supporting Findings:

The undeveloped project site is not located within a FEMA-designated Special Flood Hazard Area (SFHA), flood-prone condition as examined in the Indio MDP Update, or other naturally occurring drainage course. In the project vicinity, the existing Thousand Palms Stormwater Channel to the west and Coachella Valley Stormwater Channel to the south are designed to provide regional flood control. The site itself exhibits a relatively flat condition, having resulted from prior agricultural land uses. The only known surface flows are those directly resulting from rain events and following the shallow elevation gradients on moderately drained soils. The project allocates space for stormwater retention facilities sized based on the Preliminary Hydrology Report that factor the tributary conditions. Flood flows are not present on or around the project site, such that impedance, obstruction, or redirection would result from project implementation. Less than significant impacts are anticipated. vii. Risk Release of Pollutants due to Project Inundation Based on the most current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM Panel No. 06065C2251H), effective March 6, 2018, the entire project site is located in Zone X, an “area of minimal flood hazard”. As currently designated, the site is not mapped as a Special Flood Hazard Area (SFHA).

1. Finding Regarding Release of Pollutants due to Project Inundation The project will not have any significant adverse effects relating to the risk release of pollutants due to project inundation. Finally, the City Council finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the DEIR.

Facts Supporting Findings:

The proposed storm drainage facilities will comply with local engineering requirements by providing sufficient retention capacity with the minimum free board as a form of safety factor, to protect the site from drainage conditions and achieve a self-contained hydrologic condition.

Existing operation and maintenance of the existing stormwater channels located to the west and south of the project will not be impaired or obstructed by the project implementation. Therefore, less than significant impacts are anticipated pertaining to flood hazards.

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The project is not located near any coastal areas and therefore is not prone to tsunami hazards.

The project site is not located in a mapped seiche zone nor is it located near a large body of water that would pose an unmapped risk. Reservoir design standards include measures to prevent potential rocking or destabilization associated with seismic activity. The proposed retention basins include the required free board to protect on-site structures and facilities. Less than significant impacts of tsunamis or seiche zones are anticipated.

Due to the BMPs incorporated into the project design through the WQMP and proposed land uses, the proposed land uses and facilities are not expected to involve the storage or handling of substantial amounts of chemicals, petroleum products or other hazardous materials, such that pollutant release would occur in the event of inundation. Project runoff will be conveyed to an on-site storm drain system with retention facilities separated by land use. Therefore, the impact is less than significant.
viii. Consistency with Water Quality Control Plan or Sustainable Groundwater Management Plan
As discussed above, the project proponent is required to implement a project-specific WQMP to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff, Whitewater River Watershed MS4 Permit. The WQMP, as described above, includes guidelines for facility maintenance, pool water drainage, and other operations aimed at complying with local surface water quality requirements. The WQMP will incorporate grading, hydrology, and other plans to document the site design, source controls, and treatment controls with a required operation and maintenance program to comply with water quality objectives. Moreover, the project’s storm water retention facilities will ensure that urban runoff is recharged into the ground via infiltration.

1. Finding Regarding Consistency with Water Quality Control Plan or Sustainable Groundwater Management Plan
The project will not have any significant adverse effects relating to the project’s consistency with a water quality control plan or sustainable groundwater management plan. Finally, the City Council finds that the project will not have any new or substantially more severe impacts than analyzed and disclosed in the DEIR.

Facts Supporting Findings:

The findings of the WSA/WSV determined that there will be sufficient water supplies to meet the demands of the proposed project, and future demands of the project, plus all forecasted demands in the next 20 years. This is based on the volume of water available in the aquifer, CVWD's Colorado River contract supply, water rights and water supply contracts, and CVWD’s commitment to eliminate overdraft and reduce per capita water use in CVWD’s service area.

CVWD has committed sufficient resources to further implement the primary elements of the 2020 UWMP, which includes the full utilization of imported water supplies, purchase of additional water supplies, water conservation, and source substitution. The groundwater basin has a storage capacity of approximately 28.8 million AF, simulating the benefit of a very large reservoir and is capable of meeting the water demands of the Coachella Valley for extended normal and drought periods. As such, project implementation is not expected to conflict with the

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regional groundwater management strategies or with the Indio Subbasin Sustainable Groundwater Management Plan.

Pertaining to conflicts with a water quality control plan or sustainable groundwater management plan, less than significant impacts are anticipated.

I. LAND USE AND PLANNING
i. Cause A Significant Environmental Impact Due To A Conflict With Any Land Use Plan, Policy, Or Regulation Adopted For The Purpose Of Avoiding Or Mitigating And Environmental Effect
The project proposes the development of a mixed-use property including multifamily residential, commercial, and industrial uses on a currently vacant site. The existing General Plan land use designations include Mixed-Use Neighborhood and Regional Commercial. The current zoning designations for the project site include Specific Plan (MU-SP), Mixed-Use Neighborhood (MUN), and Regional Commercial (RC). As a part of the project, a General Plan Amendment (GPA) and Zone Change (ZC) will be processed. The GPA will amend the current General Plan land use designations from Mixed-Use Neighborhood and Regional Commercial to Specific Plan. The ZC will revise the existing zoning of the Specific Plan Area from MU-SP, MUN and RC, to Specific Plan (SP). The DEIR analyzed the project’s consistency with the Indio General Plan, Bermuda Dunes Land Use Compatibility Plan, SCAG’s RTP/SCS, and surrounding area.

1. Finding Regarding Conflicting With Any Land Use Plan, Policy, Or Regulation
The project’s impacts relating to conflicting with any land use plan, policy or regulation and determined that impacts will be less than significant.

Facts in Support of Findings:

A detailed analysis of applicable goals, policies and programs contained in the General Plan was conducted to determine the project’s consistency with the existing plan. The findings are summarized in Table 4.11-6, City of Indio General Plan Consistency Analysis, in the DEIR. The analysis contained in Table 4.11-6 concludes that with approval of the proposed project, the project would remain consistent with the City’s General Plan (pages 4.11-19 through 4.11-39).

Therefore, implementation of the project would not result in significant land use impacts due to inconsistency with the General Plan. Impacts would be less than significant.

The Riverside County Airport Land Use Commission held a public hearing and issued a Finding of Consistency for the project on February 8, 2023, in which they determined the project to be consistent with the Bermuda Dunes Airport Land Use Compatibility Plan.

Analysis regarding the proposed project’s consistency, inconsistency, or inapplicability to SCAG’s 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) goals, listed in Subheading 4.11.3, is summarized in Table 4.11-8, on pages 4.11-43 through

4.11-45 of the DEIR. The consistency analysis determined that the proposed project is consistent with the applicable goals in the RTP/SCS. The project proposes a mixed-use development that

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will construct infrastructure supporting the project and employment opportunities. Multi-use roadways proposed for the project would allow accessibility to the site and surrounding areas.

The development of multi-modal paths will create an efficient and accessible roadway system and allows reliable and safe travel throughout the site. These are consistent with RTP/SCS Goals 1 – 7 and 9. RTP/SCS Goals 8 and 10 are associated with the regional transportation system and therefore are not applicable to the project. Per Table 4.11-8 of the DEIR, SCAG 2020-2045 RTP/SCS Goals Consistency Analysis, conducted for this project, it will be consistent with all of the applicable goals of the RTP/SCS. Less than significant impact.

The developed and undeveloped properties in proximity to the proposed project are zoned and designated for residential, commercial, industrial, and open space uses. The project components (high density residential, commercial, and industrial uses) are compatible with the surrounding mixed use, residential, commercial, and industrial land uses and zoning designations as described above.

Based on the consistency analysis presented in this discussion, the project will be consistent with the goals and policies of the Indio General Plan. The Specific Plan will result in changes to development standards, but as demonstrated above, those changes will not be substantial.

Impacts will be less than significant.

J. NOISE
i. For a Project Located Within the Vicinity of a Private Airstrip or an Airport Land Use Plan or, Where Such a Plan Has Not Been Adopted, Within Two Miles of a Public Airport or Public Use Airport, Would the Project Expose People Residing or Working in the Project Area to Excessive Noise Levels The project is located approximately one mile east of Bermuda Dunes Airport. The entirety of the project area is within the Bermuda Dunes Airport Influence Area, and parts of the project are within Compatibility Zone C, D, and E (see Table 4.12‐3, Summary of Relevant Riverside County ALUCP Compatibility Factors and Criteria, in the DEIR). In addition, a small part of the southwest corner of the project is located within the 55 CNEL to 60 CNEL airport noise contour (Riverside County, 2004).

1. Finding Regarding the Project’s Vicinity of an Airport The project’s impacts relating to location within the vicinity of an airport are less than significant.

Facts in Support of Findings:

The Riverside County ALUCP and City General Plan Policy NE‐1.3 establish requirements for the review and control of airport‐related noise in the project area. These requirements limit the maximum development density in each compatibility zone, discourage and/or prohibit specific land uses in certain zones, and establish other noise‐related requirements. The project would not conflict with the requirements of the Riverside County ALUCP nor have the potential to expose people living or working in the project area because the planned uses are compatible with the ALUCP Zone restrictions, standard construction would achieve required minimum noise

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reductions, the project development standards require compliance with the ALUCP, and the project supplemental development standards provide necessary real estate disclosures and deed noticing.

Based on the proposed project’s Planning Area boundaries and conceptual site plans for the MBS and Scenario 2, the project would not conflict with ALUCP land use criteria for Compatibility Zone C or D. The only uses that could be located within Zone C would be industrial uses, roadways, parking areas, landscaping, and open spaces that may include walking trails, biking trails, and other active or passive recreational features. Such uses would not be highly noise sensitive. Similarly, the project would not result in any highly noise‐sensitive non‐residential uses in Compatibility Zone D. Development in this area could consist of residential or mixed‐uses with non‐residential areas (e.g., outdoor dining areas, parking lots, loading areas, etc.) that would not be highly noise sensitive.

A small part of the PA 4 is located within the Bermuda Dunes Airport 55 CNEL to 60 CNEL noise contour, meaning airport‐related noise levels do not exceed 60 CNEL within the project area (see Exhibit 4.12‐1). The Riverside County ALUCP identifies noise levels up to 60 CNEL as normally acceptable for office and retail trade uses, while noise levels up to 65 CNEL are normally acceptable for warehousing and light industrial uses. Therefore, the Industrial District land use proposed in PA 4 would be compatible with airport‐related noise levels. In addition, for potential office buildings/areas in PA 4 that are also within Compatibility Zone C, the ALUCP requires a minimum exterior to interior noise level reduction of 20 dB; however, no office building would be located within an airport‐related 65 CNEL contour. The ALCUP (Policy

4.1.6) acknowledges that most standard wood‐ frame construction techniques with a windows closed condition achieves a minimum of 20 dB of exterior to interior noise reductions. Thus, airport‐related interior noise levels in any potential office building located within Compatibility Zone C would not exceed 45 CNEL as required by the ALUCP. Moreover, the project’s development standards explicitly identify that properties located within the Bermuda Dunes Airport Influence Area shall be subject to the requirements and standards of the ALUCP, including density and intensity standards that exist at the time of review (City of Indio, 2023b, Table 3‐3, Notes 1 and 2).

Finally, for any residential property within any compatibility zone, the project’s supplemental development standards require the disclosure of airport proximity and existence of aircraft overflights during real estate transactions as specified by State law. The project’s supplemental development standards also require a deed notice to be recorded for each parcel associated with any discretionary land use action affecting property within the project that discloses the property is within an airport influence area and may be subject to annoyances and inconveniences associated with proximity to airport operations such as noise, vibration, and odors.

The project would not expose people working or residing in the project area to excessive airport‐ related noise levels. This impact would be less than significant.

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K. POPULATION AND HOUSING
i. Induce Direct or Indirect Unplanned Growth
Direct population growth occurs from the development of new residential units. Indirect population growth could result from the creation of new jobs or the removal of barriers to growth, including the adoption of a specific plan such as the project (The Oasis at Indio Specific Plan). As previously stated, the proposed project could induce both direct and indirect population growth by providing up to 3,240 new dwelling units, generating approximately 9,720 residents, and approximately 1,244 employees associated with the industrial and commercial uses. The proposed project could induce both direct and indirect population growth by providing housing and jobs to the currently vacant site.

1. Findings Regarding Induced Growth
The project’s impacts relating to project-related direct and indirect growth will be less than significant.

Facts in Support of Findings:

Population: The project site is included in the Indio General Plan and General Plan EIR analysis of growth. The project is proposing the construction of up to 3,240 residential dwelling units (MBS). For analysis purposes, the maximum proposed dwelling units is analyzed. Using the City’s average household size of 3.00 people, the proposed project could introduce up to 9,720 residents, which is approximately 8.1 percent of the Indio EIR’s population forecast of 119,951 by 2040. The population increase associated with the project would account for approximately 25 percent of the remaining capacity for population growth anticipated by SCAG in their RTC/SCS. However, the introduction of the 9,720 residents is conservative because it is not likely that the household size within the project would be 3.00 people.

Although buildout and full occupancy of the project could result in an 8.1 percent population increase of the current City population, this increase is consistent with City and regional growth projections. Additionally, the General Plan land use designation for the project site currently includes Mixed-Use Neighborhood, which allows a maximum of 40 dwelling units per acre.

Thus, population growth in the project area is assumed in the General Plan. Therefore, the project would not result in a substantial unanticipated population increase in the City. Impacts would be less than significant.

Housing: The number of estimated housing units in the City of Indio in 2020 was 32,539 housing units, according to Indio’s Housing Element; however, only approximately 27,136 units were characterized as “occupied”. The project proposes a maximum of 3,240 dwelling units, which is a 9.96 percent increase in 2020 housing units. According to the Indio GP EIR, the GPU’s land plan designations would accommodate a forecasted 38,144 total households in 2040.

The proposed project will provide multifamily dwelling units that could help meet the anticipated demand for housing in Indio. As previously stated, the General Plan land use designation for the project site currently includes Mixed-Use Neighborhood, which allows a maximum of 40 dwelling units per acre. Thus, housing growth in the project area is assumed in

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the General Plan. Therefore, the project would not result in a substantial unplanned increase in total housing units in the City. Impacts would be less than significant.

Employment: According to SCAG’s Local Profile of Indio, in 2017 the City of Indio was estimated to have 27,382 jobs, an increase of 21.1 percent from 2007. According to the Indio GP EIR, the City is projected to generate approximately 25,085 jobs in 2040. However, the updated Housing Element stated that in 2019, the City of Indio offered 38,212 jobs, surpassing the City’s 2040 job projection.

The proposed project would result in approximately 1,244 employees with the development of the project, resulting in a total of 39,456 job opportunities in the City. Per the Coachella Valley Economic Partnership’s (CVEP) 2022 Economic Report, in 2022, unemployment rates throughout the Coachella Valley varied between 3.5 percent (Palm Springs) to almost 9 percent (Coachella). The City of Indio had an unemployment rate of almost 5 percent in 2022. Thus, it is anticipated that project employees will come from the City of Indio and surrounding cities and would be within commuting distance. Therefore, the project-generated jobs would not result in additional needs for any housing, or a substantial increase in population. According to the 2020– 2045 RTP/SCS, the employment forecast for Indio in 2045 is approximately 38,300 jobs. The project’s estimated 1,244 employees would help the City achieve the employment projections within the City. Therefore, the project would not cause an exceedance of SCAG’s employment projections or induce substantial indirect population or housing growth related to projectgenerated employment opportunities.

Using an estimated 2020 total of 27,136 occupied housing units and approximately 38,212 employees within City limits, the City economy generates a job to household ratio of approximately 1.41. A ratio in the range of 0.75 to 1.5 is considered beneficial in providing local employment and reducing job-related vehicle miles traveled (VMTs). An imbalance in jobs and housing creates more employment travel, longer commute times, more single driver commutes, constrained job opportunities for workers without vehicles, traffic congestion, and poor air quality. As stated in the SCAG Integrated Growth Forecast, the City economy is projected to provide 38,300 jobs and 44,000 households by 2045. Therefore, the City’s projected jobs/housing ratio would be approximately 0.87 by 2045 upon community buildout. Employment growth resulting from project implementation would result in a less than significant impacts because this increase is consistent with projected employment growth for the City and region.

Indirect: The project property is in a developed area, with existing roadways to the north and east. Access to the project will occur from both Avenue 42 and Monroe Street (for PA 2 and 3).

The project’s connection to these roads would not result in indirect growth impacts since these roads currently exist and serve the surrounding communities. The improvements to the surrounding roadways could result in indirect growth since it would provide adequate access to this area. However, the improvements to the roadways are anticipated in the City General Plan buildout, therefore, the resulting growth is not unplanned.

Existing utilities (i.e., sewer, water, natural gas, telecommunication) also exist in proximity to the project. The project will connect to an existing water main along Avenue 42 and Monroe Street. The project will connect to an existing 15-inch sewer main at the intersection of Monroe Street and Street A. Existing natural gas lines are located underground, along Monroe Street. The

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project will connect to the existing infrastructure to provide natural gas to the project site. The project will connect to the existing underground telephone lines, and fiber optic lines are located along Avenue 42. Therefore, the project’s connection to these existing utilities would not result in indirect growth impacts.

The project will require the development of a 3-acre electric power substation to support project utility demand. The substation is proposed in the southern-most portion of the site, south of the proposed industrial buildings, adjacent to the southern property boundary in PA4. The development of the substation will serve the proposed project and augment existing needs in the area; therefore, the project substation is not anticipated to indirectly induce growth.

Overall, the proposed project will not result in unplanned direct and indirect growth.

L. PUBLIC SERVICES
i. Impact Public Services (Fire, Police, Schools, Parks, and Other Facilities) Fire: Per the Department of Finance 2023 (DOF 2023) Population and Housing Estimates, Indio has 3.00 persons per household (PPH) and a population size of 90,837. With 3,240 proposed residential units and an estimated 3.00 PPH in the City, the project can be expected to house 9,720 residents. This increase in population could create pressure on the existing fire services in the City.

The closest fire station to the project is Station No. 80, located 2.9 driving miles northwest of the site’s emergency access entry point off Avenue 42. First response for fire protection services would primarily be from this station. According to Policy SE-3.1 in the City’s General Plan, fire response standard within the City complies with the NFPA 1710 and Riverside County Fire response standard of arriving to fire and medical emergency incidents within a four-minute drive time. Station No. 80 is a four-to-five-minute drive time away from the project. Due to the drive time, there is a possibility that response times to the project from Station No. 80 would take more than four minutes.

Police: The City has no established staffing ratio, and police staffing in Indio is based on the safety needs of the local community and the available resources to provide these safety needs. In 2021, the City had 85 sworn officers.

Schools: The proposed 3,240 dwelling units and the City’s estimated 3.00 PPH concludes that the project could be expected to house 9,720 new residents. Based on the 2022 Desert Sands Unified School District (DSUSD) Fee Justification Study for New Residential and Commercial/Industrial Development, the student generation rate for DSUSD is 0.4 student per household, and there are approximately 26,980 students enrolled in DSUSD. Based on the forecasted housing growth from the proposed project, 1,296 new students could be added to DSUSD.

Parks: Per the Indio General Plan, Policy PR-2.1’s goal is to achieve a ratio of three acres of parkland per 1,000 City residents. Currently, the City offers around 109 acres of public parkland.

With a population of 90,837, the required parkland should be 272.5 acres, highlighting an existing deficit of 163.5 acres. Factoring in an anticipated population increase to 100,557 upon

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the proposed project's completion (assuming all residents are new to the City), a total of 301.7 acres would be necessary to accommodate the growth, with 29.2 acres attributable to the project.

Other Public Facilities: The project proposes residential, commercial, and industrial uses on the approximately 183-acre property. The project could generate an additional 9,720 residents at full buildout. This would be an increase of 10.7 percent of the City’s current (2023) population of 90,837 but would be well below the projected 2040 City population forecast of 119,951. The buildout of the project could strain existing library facilities.

1. Finding Regarding Impact to Public Services
The project’s impacts on public services, including fire services, police services, schools, parks and other public facilities will be less than significant.

Facts in Support of Findings:

Fire Service: In preparation for future build out of the City, the City developed Safety Element Policy SE-3.6 in the General Plan that states that future fire service needs would be planned for and addressed to support the City’s growth. As the City continues expanding, new fire stations will need to be added to the City when and where they are needed to meet NFPA and County response time standards. To fund future fire service needs, the City requires projects to adhere to the Development Impact Fees (DIF) for Fire Facilities. The project would adhere to the prevailing Fire Facilities DIF during construction, $446 per dwelling unit for apartments. This fee allocation contributes to financing new fire stations or enhancements to fire services as needed.

Additionally, the project would comply with Policy SE-3.8 in which all new development applications are reviewed for consistency with applicable fire and building code regulations, including emergency access/evacuation routes as well as Policy SE-3.4 which states that new developments within the City are built with fire-resistant construction materials. Additionally, the project would implement all applicable fire safety requirements from Chapter 93 of Indio’s Municipal Code, which include the installation of sprinkler systems, and that new motorized gates shall be provided with means to be automatically opened remotely by emergency vehicles in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time. General Plan Policy SE-3.7 requires the City to ensure that fire services, including firefighting equipment and personnel, infrastructure, and response times, are adequate for all sections of the City. To that end, the City regularly evaluates adequacy of services and the need for new personnel, equipment, and infrastructure. As discussed above, the City charges a Fire Facilities DIF that is collected and would be used for purposes of ensuring that adequate facilities and personnel are provided to meet the City’s needs. As a result, impacts associated with fire services would be less than significant.

Police Service: With the estimated DOF 2023 population of 90,837 and the estimated population gain of 9,720 from the 3,240 new residential dwelling units based on the 3.00 PPH, the population of the City would increase to 100,557. In preparation of future buildout of the City, the City developed Policy SE-1.1 in the General Plan stating that the City will maintain adequate police protection capabilities by retaining the current peace officer staffing positions, forecasting future demand, and providing additional staff, law enforcement equipment and technology

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acquisition, and facilities when fiscally appropriate and needed. To accomplish this, the City requires new developments to comply with the DIF in place at the time of construction.

According to the 2022 DIF Report produced by the City, the current Police Facilities DIF for apartments is $1,138 per dwelling unit, which the City determined is adequate to mitigate any significant impacts from the new development.

In addition to the payment of the Police Facilities DIF, the project would adhere to Policy SE-1.4 which encourages new developments to promote crime prevention through environmental design concepts, including, but not limited to: the use of fences, gates or landscaping to define boundaries to control project access, maximizing opportunities to see and be seen through the implementation of lighting, windows, building orientation and location, landscape materials, etc., and clearly defining ownership and encouraging the maintenance of properties to distinguish public and private spaces. The adherence to the City’s Police Facilities DIF and implementation of Policy SE-1.4 would reduce the impact on police services to less than significant.

Schools: DSUSD has indicated that they are currently operating at or over capacity; however, enrollment trends over the past few years have been stabilizing. Although forecasted students are lower than forecasted previously, future students generated by growth under Indio’s General Plan Update EIR could exceed existing school capacity. The school districts anticipate that new school construction would be required to accommodate these additional future students. As of 2022, the current fee imposed by DSUSD on residential construction are $4.79/sq.ft. of residential development and $0.78/sq.ft. for commercial, and $0.22/sq.ft. for rental self-storage.

These Statutory School Fees were increased by the State Allocation Board in 2024, and every two years thereafter to ensure that fee rates are adequate. In 2024, the fees require the payment of $5.17 per square foot for new residential construction and $0.84 per square foot for new commercial/industrial construction. These fees may be increased in 2026. Monies collected are used for the construction and reconstruction of school facilities. DSUSD will also continue to collect school impact fees from developers, and pursuant to SB 50 and AB 2926, these fees are considered to fully mitigate school capacity-related impacts. New developments would occur over time, and student populations are expected to increase gradually. DSUSD has a Facilities Master Plan that provides for new school sites as population within their respective boundaries increases. Additionally, DSUSD will develop and impose appropriate mitigation for environmental impacts associated with individual new schools as they are proposed and constructed. Based on State law, collection of state-mandated school impact fees would reduce school-related impacts to less than significant levels.

Parks: The project’s Specific Plan outlines on-site amenities such as fitness rooms, community pools, and clubhouses for residents and their guests as well as common space areas and walkways throughout the residential area. Per the Specific Plan, each residential unit would have 150 square feet of private open space and 250 feet of common open space. There would also be 50 feet of landscaped area acting as open space along “A” Street (street separating residential and industrial land uses), providing a walking trail and passive seating areas. Additionally, it is proposed that the western boundary of the project would have a 250-foot-wide setback that would provide an open space transition between the residential units and the channel bank. This setback allows for passive or active open space uses, trails, walkways, driveways, parking, and secondary vehicular and/or emergency use access. These project amenities would reduce pressure on existing public recreational amenities.

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In accordance with the Quimby Act, all new development projects would be required to pay DIFs directed towards the preservation, expansion and maintenance with the City’s recreational parks and facilities and contribute to new parkland acquisition. The DIF for Parks/Recreation is currently $2,625 per dwelling unit for apartments according to the 2022 City of Indio Final Report Development Impact Fee Study. The proposed project would be required to pay the DIF in place at the time of construction to mitigate the increase in the City’s population and reduce pressure on existing public parks and other recreation facilities.

Other Public Facilities: The Riverside County Library System provides library services in the City. Although the County is responsible for new library facilities in the region, the City’s General Plan policies and Public Building DIF are intended to ensure the development of necessary public facilities and services for the City, which can aid the County in the planning of future local libraries. The City requires the collection of Public Building DIF to be used for public buildings, including additions to libraries. Additionally, Policy IE-7.3 in the City’s General Plan requires coordination between the City of Indio and Riverside County to help facilitate the steps required if new facilities are determined to be needed. The Public Buildings DIF according to the 2022 City of Indio Development Impact Fee Reports is $1,739 per apartment unit for new developments. Impacts from future development, including the proposed project, would be identified during the facility planning process, and the County would have the authority and responsibility to plan, design, approve, or construct library facilities.

Moreover, residents would generate demand for increased municipal administrative services for everyday activities, including building permits and business licenses. However, considering the various fee programs the project is subject to, the proposed project would not result in any substantial adverse physical impacts to existing schools, parks, libraries, or other public facilities.

Therefore, impacts related to schools, parks, or other public facilities would be less than significant.

M. RECREATION
i. Increase The Use Of Existing Neighborhood And Regional Parks Or Other Recreational Facilities Such That Substantial Physical Deterioration Of The Facility Would Occur Or Be Accelerated
The project Specific Plan outlines on-site amenities such as fitness rooms, community pools, and clubhouses for residents and their guests as well as common space areas and walkways throughout the residential area. Per the Specific Plan, each residential unit would have 150 square feet of private open space and 250 feet of common open space. There would also be 50 feet of landscaped area acting as open space along “A” Street (street separating residential and industrial land uses), providing a walking trail and passive seating areas. Additionally, it is proposed that the western boundary of the project would have a 250-foot-wide setback that would provide an open space transition between the residential units and the canal bank. This setback allows for passive or active open space uses, trails, walkways, driveways, parking, and secondary vehicular and/or emergency use access. These project amenities would reduce pressure on existing public recreational amenities.

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1. Finding Regarding the Substantial Physical Deterioration of a Recreational Facility
The project would avoid effects relating to traffic and transportation described above and further discussed in the FEIR. Such effects will be less than significant.

Facts in Support of Finding:

Considering the proposed 3,240 dwelling units, the increase in population due to the project would incrementally increase the use of existing neighborhood and community parks and facilities throughout the City. According to the Department of Finance 2023 (DOF 2023) Population and Housing Estimates, Indio has 3.00 persons per household (PPH) and a population size of 90,837. With a proposed maximum of 3,240 residential units, the project could be expected to house 9,720 residents. Assuming that all occupants are new residents of the City, the buildout of the project would increase the City’s population to 100,557. The City of Indio only currently provides 109 acres of public parkland for the existing population of 90,837, concluding that there is an existing deficit of 163.5 acres of parkland before project buildout when considering the Indio General Plan Policy PR-2.1’s goal of achieving three acres of parkland per 1,000 City residents.

According to the Indio General Plan, to address the inadequate amount of parkland, the City is considering joint-use agreements with the school districts to allow school recreational facilities to be open to the public during non-school hours. Additionally, the City is considering working with utility and public service providers to allow recreational easements along utility corridors.

The City is also considering leasing vacant property for the establishment of temporary urban parks or community gardens and/or purchasing fallow farmland to be used as future parkland/open space. The City is also planning improvements and construction efforts on new and existing parks including the rehabilitation of Miles Avenue Park, the expansion of Dr.

Carreon Park, the development of a sports park located south of Avenue 44 and north of Market Street, and the development of a neighborhood park located south of Avenue 49 and west of Monroe Street. Moreover, the CV Link, a multi-use trail, is currently under construction directly south of the proposed project, along the Coachella Valley Storm Channel. CV Link will be counted in the City’s total open space and recreational parks acreage, further reducing demand on existing parks and recreational facilities. If the City accomplishes these goals, pressure on existing neighborhood and regional parks would be reduced.

Additionally, in accordance with the Quimby Act, all new development projects would be required to pay DIF fees directed towards the preservation, expansion and maintenance with the City’s recreational parks and facilities and contribute to new parkland acquisition. The DIF for Parks/Recreation is currently $2,625 per dwelling unit for apartments (effective date January 17, 2022) according to the 2022 City of Indio Final Report Development Impact Fee Study. The proposed project would be required to pay the DIF in place at the time of construction to mitigate the increased population in the City and reduce pressure on existing public parks and other recreation facilities. In addition, the City also plans to develop a Park and Recreational Facility Fee Study to better understand and utilize Park and Recreation Fees. The collection of Park and Recreation Fees as well as the effort to better understand and utilize the fees by the City would help to reduce the deterioration of existing parks and recreational facilities.

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Public Hearing to Consider Denial or Approval of the Oasis at Indio Proj... Page 1170 of 2236 118
The City is actively working to achieve the Indio General Plan Policy PR-2.1’s goal of 3 acres of parkland for every 1,000 residents. As discussed above, the City is considering multiple options to increase park space including the improvement and construction efforts of existing and new parks by the City, the development of the CV link directly south of the project site by the Coachella Valley Association of Governments, the possible utilization of school facilities during non-school hours, the recreational easements along utility corridors, the temporary establishment of urban parks or community gardens on vacant property throughout the city and/or purchasing of fallow farmland to use as open space/parkland. The City also has an adopted standard for calculation of in-lieu fees (IMC § 156.135) in furtherance of increasing parkland within the City.

The proposed project’s payment of the Park and Recreation Fees would reduce impacts on existing parks and recreational facilities to less than significant levels. ii. Requires the Construction or Expansion of Recreational Facilities Which Might Have an Adverse Physical Effect on the Environment The City is currently underserving existing neighborhoods and only provides approximately 109 acres of public parkland for the current (2023) population of 90,837. The project is expected to increase the City’s population by 9,720 residents, which would further increase existing pressure on public recreational facilities.

As discussed above, the City is actively planning to expand parkland and recreational facilities to achieve the Indio General Plan Policy PR-2.1’s goal of three acres for every 1,000 residents. In order to reach this goal, the City is planning improvements and construction efforts including the rehabilitation of Miles Avenue Park, the expansion of Dr. Carreon Park, the development of a sports park located south of Avenue 44 and north of Market Street, and the development of a neighborhood park located south of Avenue 49 and west of Monroe Street. These improvements and additions to parkland will reduce pressure on existing parkland. Additionally, the City is considering negotiating joint-use agreements with the school districts to allow school recreational facilities to be open to the public during non-school hours. The City is also planning to work with utility and public service providers to allow recreational easements along utility corridors. The City is also leasing vacant property for the establishment of temporary urban parks or community gardens or purchasing fallow farmland to be used as future parkland/open space. Due to the current deficiency of parkland throughout the City, these efforts by the City to expand parkland and increase recreational facilities are necessary. iii. Finding Regarding the Construction or Expansion of Recreational Facilities The project would avoid effects relating to the construction or expansion of recreational facilities described above and further discussed in the Final EIR, and such effects will be less than significant.

Facts in Support of Finding:

According to the City’s General Plan EIR, the identification of environmental impacts of future proposals for new park facilities in the City, either as stand-alone projects or proposed in conjunction with a new development, would be speculative. The General Plan EIR indicated that individual recreational facilities would be subject to project-level environmental review under

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Indio City CouncilSeptember 16, 2026

Indio City Council
September 16, 2026