Agenda — Indian Wells City Council, February 13, 2025 (part 3 of 12)

Council Agenda- February 13, 2025

4.3 AIR QUALITY
strategies and commitments. Some of those measures are reflected in SCAQMD Rules 403 and 403.1, which were enacted to reduce or prevent man-made fugitive dust sources. The CVSIP established the controls needed to demonstrate expeditious attainment of the standards such as those listed below:
• Additional stabilizing or paving of unpaved surfaces, including parking lots; • A prohibition on building new unpaved roads;
• Requiring detailed dust control plans from builders in the valley that specify the use of more aggressive and frequent watering, soil stabilization, wind screens, and phased development (as opposed to mass grading) to minimize fugitive dust;
• Designating a worker to monitor dust control at construction sites; and • Testing requirements for soil and road surfaces.

On February 25, 2010, the CARB approved the 2010 Coachella Valley PM10 Maintenance Plan and transmitted it to the U.S. EPA for approval. With the recent data being collected at the Coachella Valley monitoring stations, consideration of high -wind exceptional events, and submittal of a PM10 Re - designation Request and Maintenance Plan, a re -designation to attainment status of the PM10 NAAQS is deemed feasible according to the 2016 AQMP and 2022 AQMP. However, the region remains in non - attainment for PM10.
03 (Ozone and Ozone Precursors):

The Coachella Valley portion of the SSAB is deemed to be in nonattainment for the State and federal 1 hour and 8 -hour ozone averaging standard. The Coachella Valley is located downwind from the South Coast Air Basin (SCAB), and when high levels of ozone and ozone precursors are formed in the SCAB, they are transported to the Coachella Valley. Peak ozone concentrations tend to occur in the SCAB between 1:00 p.m. and 2:00 p.m. In areas downwind of the SCAB, peak ozone concentrations occur in the late afternoon and early evening (between 5:00 p.m. and 6:00 p.m.). Similarly, when ozone precursors such as nitrogen oxides (NOx) and volatile organic compounds (VOCs) are emitted from mobile and stationary sources located in the SCAB, they are also transported to the Coachella Valley.

SCAQMD has acknowledged that ozone exceedances in the Coachella Valley are primarily due to the direct transport of ozone and its precursors from the SCAB and that local sources of air pollution in the Coachella Valley have a limited impact on ozone levels compared to the transport of ozone precursors generated in SCAB. As part of the districtwide ozone reduction efforts, SCAQMD has adopted various rules to reduce ozone precursors. These include Rule 1121 (Control of Nitrogen Oxides from Residential Type Natural Gas -Fired Water Heaters), Rule 1147 (NOx Reductions from Miscellaneous Sources), Rule 1146 (Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters), and Rule 1146.2 (Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers and Process Heaters).

Indian Wells General Plan Update PDEIR

4.3-11 November 2024

Page 255 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
SCAQMD Rules
Among the SCAQMD rules applicable to the Project are Rule 403 (Fugitive Dust), Rule 403.1 (Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources), and Rule 1113 (Architectural Coatings). Rule 403 requires the use of stringent best available control measures to minimize PM10 emissions during grading and construction activities. Rule 403.1 requires active operations within a Blowsand Zone stabilize new man-made deposits of bulk material and requires a fugitive dust control plan for construction projects. Rule 1113 requires reductions in the VOC content of coatings, with a substantial reduction in the VOC content limit for flat coatings to 50 grams per liter (g/L) which began in July 2008. Additional details regarding these rules and other potentially applicable rules are presented as follows.
2022 AQMP
The U.S. EPA approved the SCAQMD 2022 AQMP for inclusion in the California SIP. The AQMP was adopted by the SCAQMD Governing Board on December 2, 2022 and approved by CARB Board of Directors on January 26, 2023. The 2022 AQMP builds upon and supersedes the 2016 AQMP with updated strategies toward air quality attainment, while recognizing the challenges from experiencing the worst levels of ground -level ozone (smog) and among the highest levels of fine particulate matter (PM2.$) in the nation, despite the progress in air pollution reduction. The 2022 AQMP also recognizes the Coachella Valley's failure to meet federal ozone standards due to transport of pollution from the upwind South Coast Air Basin. The updated strategies focus on reducing emissions of nitrogen oxides (NOx) by 67 percent more than is required by adopted rules and regulations in 2037. This is to be achieved in part through the extensive use of zero emission technologies across all stationary and mobile sources, combined with additional controls over stationary sources that currently account for approximately 20 percent of NOx emissions. The 2022 AQMP recognizes that the overwhelming majority of NOx emissions are from heavy-duty trucks, ships and other State and federally regulated mobile sources that are mostly beyond SCAQMD's control, so federal regulatory action will help toward the AQMP goals.

Sierra Club v. County of Fresno (Friant Ranch, L.P.) (2018) in Relation to SCAQMD In 2018, the California Supreme Court issued a decision in the Sierra Club v. County of Fresno (2018) 6 Cal. 5th 502 case regarding the Friant Ranch project. As it relates to air quality, the Court found that an EIR should make a reasonable effort to inform how a project's emission numbers translate to potential adverse impacts, such as health consequences, or it must adequately explain why, given existing scientific constraints, it is not feasible to provide such analysis. The intent is to disclose a meaningful finding of the health consequences of the project's addition of air pollutants to an air basin and to explain the nature and magnitude of the potentially significant impact.

Rule 402 (Nuisance)
Indian Wells General Plan Update PDEIR

4.3-12 November 2024

Page 256 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
This rule prohibits the discharge from any source whatsoever of such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. This rule does not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals.

Rule 403 (Fugitive Dust)
This rule requires fugitive dust sources to implement best available dust control measures (BACMs) for all sources and prohibits all forms of visible particulate matter from crossing any property line. This may include application of water or chemical stabilizers to disturbed soils, covering haul vehicles, restricting vehicle speeds on unpaved roads to 15 miles per hour (mph), sweeping loose dirt from paved site access roadways, cessation of construction activity when winds exceed 25 mph, and establishing a permanent ground cover on finished sites. SCAQMD Rule 403 is intended to reduce PMio emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust (see also Rule 1186). This rule requires fugitive dust sources to implement best available control measures for all sources, and all forms of visible particulate matter are prohibited from crossing any property line. This rule is intended to reduce PMio emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust. PM10 suppression techniques are summarized below.
• Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. • All on -site roads will be paved as soon as feasible or watered periodically or chemically stabilized. • All material transported off -site will be either sufficiently watered or securely covered to prevent excessive amounts of dust.
• The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times.
• Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface.

Rule 403.1 (Supplemental Fugitive Dust Control Requirements For Coachella Valley Sources) This rule requires the reduction or prevention of the amount of PM10 emitted in the ambient air from man-made fugitive dust sources. The provisions of this rule are supplemental to Rule 403 and apply only to fugitive dust sources in the Coachella Valley. In addition, this rule requires a fugitive dust control plan for construction projects with a disturbed surface area of more than five thousand (5,000) square feet.

Indian Wells General Plan Update PDEIR

4.3-13 November 2024

Page 257 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
Under Rule 403.1, active operations within the Coachella Valley Blowsand Zone are required to stabilize new project -related bulk material within 24 hours of making the material deposit using water application, chemical stabilizer application, and/or installing wind breaks. Moreover, active operations within the Coachella Valley Blowsand Zone are required to stabilize new deposits of bulk material originating from off -site undisturbed desert areas within 72 hours. Such deposits typically consist of blowsand material landing on the site from upwind areas. The stabilization shall occur through water and/or soil binder application. The project is located within the Coachella Valley Blowsand Zone and is subject to the additional requirements noted above.

As a standard condition, construction activities involving five thousand (5,000) square feet of disturbed surface area must demonstrate compliance through an approved Fugitive Dust Control Plan per the City of Indian Wells Guidelines and Application elements, subsequently described, are modeled after Rule 403 and 403.1.

Rule 1113 (Architectural Coatings)
This rule requires manufacturers, distributors, and end users of architectural and industrial maintenance coatings to reduce VOC emissions from the use of these coatings, primarily by placing limits on the VOC content of various coating categories.

Rule 1121 (Control of Nitrogen Oxides from Residential Type, Natural Gas -Fired Water Heaters) This rule prescribes NOx emission limits for natural gas -fired water heaters with heat input rates less than 75,000 British Thermal Unit (BTU) per hour. It applies to manufacturers, distributors, retailers, and installers of natural gas -fired water heaters. In lieu of meeting these NOx limits, this rule allows emission mitigation fees to be collected from water heater manufacturers to fund stationary and mobile source emission reduction projects targeted at offsetting NOx emissions from water heaters that do not meet Rule 1121 emission standards.

Rule 1146.2 (Emissions of Oxides of Nitrogen from Large Water Heaters and Small Boilers and Process Heaters)
This rule requires manufacturers, distributors, retailers, refurbishers, installers, and operators of new and existing units to reduce NOx emissions from natural gas -fired water heaters, boilers, and process heaters as defined in this rule.

SCAQMD Air Quality Analysis Guidance Handbook
In 1993, SCAQMD prepared its CEQA Air Quality Handbook to assist local government agencies and consultants in preparing environmental documents for projects subject to CEQA. The CEQA Handbook and the Air Quality Analysis Guidance Handbook describe the criteria that SCAQMD uses when reviewing and commenting on the adequacy of environmental documents. The Air Quality Analysis Guidance Indian Wells General Plan Update PDEIR

4.3-14 November 2024

Page 258 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
Handbook provides the recommended thresholds of significance in order to determine if a project will have a significant adverse environmental impact. Other important subjects covered in the CEQA Handbook and the Air Quality Analysis Guidance Handbook include methodologies for estimating project emissions and mitigation measures that can be implemented to avoid or reduce air quality impacts. The most recent SCAQMD Air Quality Significance Thresholds table was updated in March of 2023.

City of Indian Wells Municipal Code
Chapter 8.20 (Fugitive Dust Control) of the Indian Wells Municipal Code, has been enacted to establish the minimum requirements for construction and demolition activities and other specified sources in order to reduce man-made fugitive dust and the corresponding PM10 emissions. The corresponding performance standards are based upon the methodologies included in the Coachella Valley Dust Control Handbook, which has been prepared in accordance with CVSIP and SCAQMD Rule 403 and 403.1 referenced above.

4.3.4 Project Impact Analysis
Thresholds of Significance
The following thresholds or criteria are derived from Appendix G of the CEQA Guidelines and are used to determine the level of potential effect. The significance determination is based on the recommended criteria set forth in Section 15064 of the CEQA Guidelines. For analysis purposes, implementation of the GPU would have a significant effect on air quality emissions if it is determined that the GPU will:
a. Conflict with or obstruct implementation of the applicable air quality plan? b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard? c. Expose sensitive receptors to substantial pollutant concentrations? d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Methodology
In 2022, the SCAQMD in conjunction with the California Air Pollution Control Officers Association (CAPCOA) and other California air districts, released the latest version of the California Emissions Estimator Model' (CaIEEMod) Version 2022.1. CaIEEMod serves as a statewide platform to calculate criteria air pollutants and greenhouse gas emissions from construction and operation aspects of land development projects. CaIEEMod utilizes widely accepted methodologies for estimating emissions.

Sources of these methodologies and default data include, but are not limited to, the U.S. EPA AP -42 emission factors, CARB vehicle emission models, studies commissioned by California agencies such as Indian Wells General Plan Update PDEIR

4.3-15 November 2024

Page 259 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
the CEC and CalRecycle. In addition, some local air districts provide customized values for their default data and existing regulation methodologies for use for projects located in their jurisdictions.

The on -the -ground baseline conditions of the City include approximately 6,395 acres of open space, parks and golf course uses, 1,403 acres are developed as residential uses, and approximately 187 acres are vacant. In terms of housing, the City currently has an estimated total of 4,694 single family units and 349 multifamily units, for a total of 5,043 residential units; 1,546,833 square feet of nonresidential space (i.e., office, sports, commercial, etc.); and offers 1,509 jobs within the City. Buildout of the current General Plan would result in 5,455 single family units and 816 multifamily units, for a total of 6,271 residential units; 5,132,104 square feet of nonresidential space; and 6,217 jobs.

Construction emissions resulting from project implementation account for the demolition, site preparation, grading, building construction, paving, and architectural coating (painting) stages in order to construct the land uses associated with the changes to the City's General Plan Land Use Map, associated with the General Plan Update. Specifically, the General Plan Update proposes to change the current land use designation of two locations: APNs 633-150-077 and 633-150-071 would change from a Golf and Recreation land use to a Resort Commercial land use; and APNs 633-310-035 and 633-410- 051 would change from a Community Commercial land use to a Resort Commercial land use.

In addition, the General Plan Update proposes changes to the Whitewater River Channel consistent with ongoing efforts to improve the Channel. Specifically, approximately 6.82 acres of the Whitewater River Channel will be removed from designation as part of the storm channel and added to the designation of developable acreage for resort commercial uses utilizing approved channel re -design. The improvements will include engineered fill material and new slope protection on the southern slope of the Channel in the vicinity of Miles Avenue.

Overall, buildout of the proposed General Plan Update would result in 5,455 single family units and 816 multifamily units, for a total of 6,271 residential units (consistent with the current General Plan); 5,159,667 square feet of nonresidential space (27,563 more square feet than the current General Plan); and 6,310 jobs (93 more jobs than the current General Plan).

Site preparation and grading activities produce fugitive dust emissions (PM10 and PM2.5) from soil - disturbing activities. Exhaust emissions from construction activities on site would vary daily as construction activity levels change. Short-term emissions of criteria air pollutants (e.g., CO, SOx, PM10, and PM2.5) generated by construction and ozone precursors (e.g., VOCs and NOx) were assessed in accordance with SCAQMD-recommended methods. These emissions were modeled using the CARB- approved CaIEEMod computer program as recommended by SCAQMD. CaIEEMod is designed to model construction emissions for land use development projects and allows for the input of project -specific information. Construction of the Plan must comply with SCAQMD rules. The proposed Project would also be in compliance with Rule 403 and 403.1, and with Chapter 8.20 (Fugitive Dust Control) of the Indian Wells Municipal Code, by incorporating the watering of exposed surfaces and unpaved roads three times Indian Wells General Plan Update PDEIR

4.3-16 November 2024

Page 260 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
daily, reducing speed on unpaved roads to less than 15 mph, and sweeping loose dirt from access roadways. The dust control measures are designed to prevent sediment track -out onto public roads, prevent visible dust emissions from exceeding a 20 -percent opacity, and prevent visible dust emissions from extending more than 100 feet (vertically or horizontally from the origin of a source) or crossing any property line. CaIEEMod also incorporates Rule 1113 by reducing the VOC content in the area coatings.

Adherence to the above -noted rules and regulations is not deemed a form of mitigation.

Input for operational emissions relied on the changes associated with the General Plan land use map, as previously described. Operational emissions generated by both stationary and mobile sources would result from normal day-to-day activities associated with the uses that would be permitted by the project.

Source emissions would be generated by the consumption of natural gas and landscape maintenance.

Mobile emissions would be generated by the motor vehicles traveling to and from the project site.

Project -generated, regional area and mobile -source emissions of criteria air pollutants and ozone precursors were also modeled using the CaIEEMod computer program. CaIEEMod allows land use selections that include project location specifics and trip generation rates. CaIEEMod accounts for area - source emissions from the use of natural gas, landscape maintenance equipment, and consumer products and from mobile -source emissions associated with vehicle trip generation. The analysis of daily operational emissions associated with the Project have been prepared using the data and methodologies identified in SCAQMD's CEQA Air Quality Handbook and current motor vehicle emission factors in CaIEEMod. Trip rates for these land uses were obtained from the Traffic Study for the proposed project.

Project Impacts
a. Conflict with or obstruct implementation of the applicable air quality plan? Under CEQA, a significant air quality impact could occur if the proposed project is not consistent with the applicable AQMP or would obstruct the implementation of the policies or hinder reaching the goals of that plan. The proposed project site is located within the SSAB and will be subject to SCAQMD's 2022 Air Quality Management Plan (2022 AQMP), adopted December 22, 2022 to continue serving as a regional blueprint for achieving the federal air quality standards. The 2022 AQMP includes the most current strategies to meet the air quality standards and ensure that public health is protected to the maximum extent feasible. It also includes a comprehensive analysis of emissions, meteorology, atmospheric chemistry, regional growth projections, and the impact of existing control measures is updated with the latest data and methods.

Moreover, the project is subject to the regulations and measures originating from the 2003 Coachella Valley PM10 State Implementation Plan (CVSIP), which is designed to address the region's serious nonattainment area for PM10 (particulate matter with an aerodynamic diameter of 10 microns or less).

Overall, buildout of the proposed GPU would result in 5,455 single family units and 816 multifamily units, for a City total of 6,271 residential units (consistent with the current General Plan); 5,159,667 square Indian Wells General Plan Update PDEIR

4.3-17 November 2024

Page 261 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
feet of nonresidential space (27,563 more square feet than the current General Plan); and 6,310 jobs (93 more jobs than the current General Plan).

The 2022 AQMP is a comprehensive plan that establishes control strategies and guidance on regional emission reductions for air pollutants base, in part, on the land use plans of the jurisdictions in the region.

The General Plan Update has been developed consistent with the various population and employment projections embedded within the 2020-2045 RTP/SCS, which was factored into the 2022 AQMP. It is therefore expected that the project will result in emissions consistent with those factored in the 2022 AQMP. Moreover, as discussed in greater detail under Impact b) of this PDEIR section, the changes to the General Plan land use map associated with the proposed project would not exceed the SCAQMD's criteria pollutant thresholds.

The proposed project would be implemented in accordance with all applicable air quality management plans to ensure any impacts to air quality are mitigated. Actions include, but are not limited to, the preparation and enforcement of any required dust control management plan in compliance with the CVSIP, SCAQMD Rule 403 and 403.1, and Chapter 7.01 (Control of PM10, Fugitive Dust and Other Emissions) of the Indian Wells Municipal Code. Compliance with the dust control standards will prevent sediment track -out onto public roads, prevent visible dust emissions from exceeding a 20 -percent opacity, and prevent visible dust emissions from extending more than 100 feet (vertically or horizontally from the origin of a source) or crossing any property line.

In summary, the proposed project is consistent with the assumptions underlying the AQMP and the 2003 Coachella Valley PM10 State Implementation Plan and will not conflict with or obstruct implementation of the applicable air quality plan. No impact is anticipated.

General Plan Policies
The GPU establishes various policies and actions designed to support the SCAQMD efforts toward regional air quality improvements and the associated public health benefits. Air quality and public health benefits are supported and influenced, directly and indirectly, by a wide range of policies and actions, including those stemming from the Community Development, Mobility, and Resource Management elements of the General Plan.

The Community Development Element will include policies and actions designed to promote efficient land use allocations and compatible development, thus contributing to transportation efficiency and associated emissions reductions. These policies and actions help ensure consistency with the 2022 AQMP. The relevant policies are CD -1.1 (Land Use Pattern), and CD -1.8 (Prohibited Development Types).

These policies and actions are further discussed in Section 4.11, Land Use and Planning, analysis of this PDEIR.

The Mobility Element will include various policies and actions designed to promote transportation efficiency across multiple modes, thus helping reduce the associated mobile emissions and support the Indian Wells General Plan Update PDEIR

4.3-18 November 2024

Page 262 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
regional air quality efforts. These policies and actions also help ensure consistency with the 2022 AQMP.

The relevant policies are M-1.1 (Development -Related Traffic Impacts), M-1.2 (LOS Standards), M-1.3 (Traffic Distribution), M-1.4 (Efficient Circulation), M-1.5 (Transportation Management System), M-1.6 (Intersection Configurations), M-1.7 (Minimize Environmental Impacts), M-1.8 (Local and Regional Collaboration), M-1.9 (Safe Routes to School), M-1.10 (Residential Streets Traffic Calming), M-1.11 (ADA Accessibility), M-1.12 (Truck Routes), M-2.1 (Multi -Modal Streets), M-2.2 (Alternative Modes), M-2.3 (Connectivity), M-2.4 (New Development), M-2.5 (Citywide Bicycle Plan), M-2.6 (Bicyclist and Pedestrian Safety), M-2.7 (CV Link Users), M-2.8 (Bus Stops), M-2.9 (Rail and Air Travel), M-2.10 (The Living Desert).

The relevant actions are M -la through M -1g. These policies and actions are listed and further discussed in Section 4.16, Transportation, of this PDEIR.

The policies and actions contained in the Resource Management Element that are most applicable to air quality plan implementation are summarized below:

Policies
RM-9.1 Reduce Greenhouse Gas Emissions. Consider and adopt new local policies and programs that provide energy efficient alternatives to fossil fuel use to reduce local greenhouse gas emissions and improve air quality.

RM-9.2 Zero -Emission and Low -Emission Vehicle Use. Encourage the use of zero -emission vehicles, low -emission vehicles, bicycles and other non -motorized vehicles, and car - sharing programs by providing sufficient and convenient infrastructure and parking facilities to accommodate these vehicles.

RM-9.3 Sensitive Receptors. Buffer and protect residential areas and other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.

RM-9.4 Regional Air Quality. Participate in air quality improvement efforts in the Riverside County area, including those organized through SCAQMD, ICAPCD, the Coachella Valley Association of Governments (CVAG), and the California Air Resource Board (CARB).

Actions
RM-9a Consider giving preference to contractors and service providers who use reduced emission equipment for City construction projects and service contracts.

RM-9c As applicable, review development projects during the CEQA process for potential air quality impacts to residences and other sensitive receptors. Ensure that Indian Wells General Plan Update PDEIR

4.3-19 November 2024

Page 263 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
mitigation measures and best management practices (BM Ps) are implemented to reduce significant emissions of criteria pollutants.

RM-9d
RM-9e
Review development, infrastructure, and planning projects for consistency with SCAQMD and ICAPCD requirements during the CEQA review process. Require project applicants to prepare air quality analyses to address SCAQMD, ICAPCD, and General Plan requirements, as appropriate, which include analysis and identification of:

1. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.

2. Potential exposure of sensitive receptors to toxic air contaminants.

3. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.

4. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.

Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD construction emission thresholds. Where construction emissions from individual projects exceed SCAQMD and ICAPCD thresholds, the following actions should be incorporated as necessary to minimize impacts. These measures do not exclude the use of other, equally effective mitigation measures as determined by a project specific Air Quality Assessment. • Require all off -road diesel equipment greater than 50 horsepower (hp) to meet U.S. EPA Tier 4 final off -road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) devices including a California Air Resources Board Certified Level 3 Diesel Particulate Filter (DPF) or equivalent. The DPF reduces diesel particulate matter and NOx emissions during construction activities. • Require a minimum of 50 percent of construction debris be diverted for recycling.
• Require building materials to contain a minimum 10 percent recycled content. • Require materials such as paints, primers, sealants, coatings, and glues to have a low volatile organic compound concentration compared to conventional products. If low VOC materials are not available, architectural coating phasing should be extended sufficiently to reduce the daily emissions of VOCs.

Indian Wells General Plan Update PDEIR

4.3-20 November 2024

Page 264 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
RM-9f
RM-9g
Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD operational emission thresholds. For projects where operational emissions exceed regulatory thresholds, the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of the project.
• Provide onsite solar/renewable energy in excess of regulatory requirements. • Require that owners/tenants of non-residential or multi -family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties.
• Require dripless irrigation and irrigation sensor units that prevent watering during rainstorms.

Consider creating dust control measures and coordinating with the Salton Sea Air Basin in implementing strategies proposed in the Air Quality Management Plan to improve regional air quality.

RM-9i Require all new development and redevelopment projects, including construction operations, to conform with the City's PM10 Ordinance as a condition of issuance of grading permits. Evaluate the need for permanent control devices in particularly windy areas to be installed prior to project grading.

RM-9j Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.

RM-9k Schedule regular maintenance for the City fleet vehicles to reduce fuel consumption resulting in less air pollution and decrease fuel purchases. b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard?
The California Emissions Estimator Model (CaIEEMod), version 2022.1, was used to estimate potential air pollutant emissions associated with the proposed project. The SCAQMD has established that impacts to air quality are significant if there is a potential to contribute or cause regional and/or localized exceedances of the federal and/or state ambient air quality standards, such as the NAAQS and CAAQS.

To assist lead agencies in determining the significance of air quality impacts, SCAQMD has established suggested short-term construction -related and long-term operational impact significance thresholds for direct and indirect impacts on air quality. Table 4.3-2 displays the established construction and operational daily significance thresholds to which the air emissions results are measured against. The Indian Wells General Plan Update PDEIR

4.3-21 November 2024

Page 265 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
project -specific construction and operational emissions results are subsequently analyzed and quantified.

Table 4.3-2 SCAQMD's Air Quality Significance Thresholds (Pounds/Day) Emission Source
CO
VOC
NO„
SO,
PM10
PM2.5
Pb
Construction
550
75 100
150
150
55 3
Operation
550
55 55
150
150
55 3
Source: SCAQMD Air Quality Significance Thresholds, March 2023 Project -Related Construction Emissions
Construction emissions resulting from project implementation account for the demolition, site preparation, grading, building construction, paving, and architectural coating (painting) stages in order to construct the new land uses associated with the General Plan Update. The 'Health Club' land use within CaIEEMod was selected as the land use for each of the land uses associated with the proposed project, since it is the best proxy land use available in CaIEEMod for the Resort Commercial land use that is proposed for the project parcels.

The following table describes pollutant emissions during construction of the proposed construction of future projects within the City resulting from the implementation of the GPU. Data represent maximum daily emissions expected during the period of construction. CaIEEMod assumes a continuous period of construction using industry standard phases in chronological and order proportional to the size of the project.

Table 4.3-3 Summary of Short -Term Construction Emissions (Maximum Pounds/Day) Emission Source

ROG/VOC
NO,
CO
5O2
PM10
PM2.5
Peak Daily Emissions Resulting from,
Demolition, Site Preparation, Grading,
Building Construction, Paving, and
Architectural Coating

3.4 31.7

31.8 0.1

21.3 11.4
SCAQMD Threshold
75 100
550
150
150
55 Threshold Exceeded
No
No
No
No
No
No
Source: CaIEEMod Version 2022.1. Refer to Appendix B of this DEIR for detailed tables.

As shown in Table 4.3-3 above, SCAQMD daily thresholds for CO, NOx, ROG, SOx, PM10 and PM2.5 will not be exceeded during construction of the proposed project.

Project -Related Operational Emissions
Indian Wells General Plan Update PDEIR 4.3-22
November 2024

Page 266 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
Operational emissions are those generated over the life of the proposed project (operation of future projects within the City resulting from the implementation of the GPU), including area, energy, and mobile sources. Area sources include consumable products, such as building maintenance and cleaning supplies, kitchen and restroom supplies, pavement off -gassing, and periodic reapplication of architectural coatings. Energy sources include the direct and indirect use of fossil fuels for energy, including natural gas and electricity use in buildings, parking lot lighting, ventilation equipment, and elevators. Mobile emissions are generated by motor vehicle trips consistent with the transportation analysis provided in this document.

Table 4.3-4 Summary of Long -Term Operational Emissions (Maximum Pounds/Day) Emission Source

ROG/VOC
NO,
CO
SO2
PM10
PM2.5
Total (Mobile, Area,
Energy, Waste, and
Water Emissions)

34.1 30.5
273.7

0.7 73.8

19.2 SCAQMD Threshold
55 55
550
150
150
55 Threshold Exceeded
No
No
No
No
No
No
Source: CaIEEMod Version 2022.1. Refer to Appendix B of this DEIR for detailed tables.

Note: Ozone (03) precursors are represented under the ROG and VOC emissions category.

As shown in Table 4.3-4, operational emissions from buildout conditions will not exceed SCAQMD thresholds for any criteria pollutant, and impacts will be less than significant without the need for mitigation measures.

As shown in Tables 4.3-3 and 4.3-4, the project will not exceed criteria pollutant emissions thresholds as a result of construction and operation of the proposed project. The air quality standards and regulatory framework stem from the Clean Air Act, which identified the primary standards to provide public health protection, including protecting the health of "sensitive" populations such as asthmatics, children, and the elderly. Ambient air quality standards, their attainment and maintenance were based on criteria to protect public health. Secondary standards provide public welfare protection, including protection against decreased visibility and damage to animals, crops, vegetation, and buildings. As such, compliance with the established regional and localized thresholds during construction and operation are consistent with the objective of protecting public health and welfare.

The Coachella Valley portion of the SSAB is classified as a "non -attainment" area for PM10 and ozone. As shown in Tables 4.3-3 and 4.3-4 above, project -related PM10 emissions are calculated to be below established SCAQMD Air Quality Significance Thresholds after implementing the required dust control measures under SCAQMD Rule 403/403.1. Therefore, the proposed project will result in incremental, but not cumulatively considerable impact on regional PM10 levels. CO, NOx, and ROG are precursors to ozone, for which the Coachella Valley is in non -attainment. The project will not exceed thresholds for these pollutants and will not result in a cumulatively considerable impact on regional ozone levels. It is Indian Wells General Plan Update PDEIR

4.3-23 November 2024

Page 267 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
worth noting that SCAQMD deems that local sources of air pollution generated in the Coachella Valley have a limited impact on ozone levels compared to the transport of ozone precursors generated in the upwind SCAB.

Pertaining to cumulatively considerable net increases of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard, less than significant impacts are anticipated.

General Plan Policies
As previously discussed, the General Plan Update establishes various policies and actions designed to support the SCAQMD efforts toward regional air quality improvements and the associated public health benefits. Air quality and public health benefits are supported and influenced, directly and indirectly, by a wide range of policies and actions, including those stemming from the Community Development, Mobility, and Resource Management elements of the General Plan.

The Community Development Element will include policies and actions designed to promote efficient land use allocations and compatible development, thus contributing to transportation efficiency and associated emissions reductions. The relevant policies are CD -1.1 (Land Use Pattern), and CD -1.8 (Prohibited Development Types). These policies and actions are further discussed in Section 4.11, Land Use and Planning, of this PDEIR.

1.2 (LOS Standards), M-1.3 (Traffic Distribution), M-1.4 (Efficient Circulation), M-1.5 (Transportation Management System), M-1.6 (Intersection Configurations), M-1.7 (Minimize Environmental Impacts), M-

1.8 (Local and Regional Collaboration), M-1.9 (Safe Routes to School), M-1.10 (Residential Streets Traffic Calming), M-1.11 (ADA Accessibility), M-1.12 (Truck Routes), M-2.1 (Multi -Modal Streets), M-2.2 (Alternative Modes), M-2.3 (Connectivity), M-2.4 (New Development), M-2.5 (Citywide Bicycle Plan), M-

2.6 (Bicyclist and Pedestrian Safety), M-2.7 (CV Link Users), M-2.8 (Bus Stops), M-2.9 (Rail and Air Travel), M-2.10 (The Living Desert). The relevant actions are M -la through M -1g. These policies and actions are further discussed in Section 4.16, Transportation, of this PDEIR.

The policies and actions contained in the Resource Management Element that are most applicable to air quality attainment are summarized below:

Indian Wells General Plan Update PDEIR

4.3-24 November 2024

Page 268 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
RM-9.2 Zero -Emission and Low -Emission Vehicle Use. Encourage the use of zero -emission vehicles, low -emission vehicles, bicycles and other non -motorized vehicles, and car - sharing programs by providing sufficient and convenient infrastructure and parking facilities to accommodate these vehicles.

RM-9.3 Sensitive Receptors. Buffer and protect residential areas and other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.

Actions
RM-9a Consider giving preference to contractors and service providers who use reduced emission equipment for City construction projects and service contracts.

RM-9c
RM-9d
As applicable, review development projects during the CEQA process for potential air quality impacts to residences and other sensitive receptors. Ensure that mitigation measures and best management practices (BM Ps) are implemented to reduce significant emissions of criteria pollutants.

Review development, infrastructure, and planning projects for consistency with SCAQMD and ICAPCD requirements during the CEQA review process. Require project applicants to prepare air quality analyses to address SCAQMD, ICAPCD, and General Plan requirements, as appropriate, which include analysis and identification of:

5. Air pollutant emissions associated with the project during construction, project operation, and cumulative conditions.

6. Potential exposure of sensitive receptors to toxic air contaminants.

7. Significant air quality impacts associated with the project for construction, project operation, and cumulative conditions.

8. Mitigation measures to reduce significant impacts to less than significant or the maximum extent feasible where impacts cannot be mitigated to less than significant.

Indian Wells General Plan Update PDEIR

4.3-25 November 2024

Page 269 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
RM-9e
RM-9f
Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD construction emission thresholds. Where construction emissions from individual projects exceed SCAQMD and ICAPCD thresholds, the following actions should be incorporated as necessary to minimize impacts. These measures do not exclude the use of other, equally effective mitigation measures as determined by a project specific Air Quality Assessment. • Require all off -road diesel equipment greater than 50 horsepower (hp) to meet U.S. EPA Tier 4 final off -road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) devices including a California Air Resources Board Certified Level 3 Diesel Particulate Filter (DPF) or equivalent. The DPF reduces diesel particulate matter and NOx emissions during construction activities. • Require a minimum of 50 percent of construction debris be diverted for recycling.
• Require building materials to contain a minimum 10 percent recycled content.
• Require materials such as paints, primers, sealants, coatings, and glues to have a low volatile organic compound concentration compared to conventional products. If low VOC materials are not available, architectural coating phasing should be extended sufficiently to reduce the daily emissions of VOCs.

Future development projects will be required to demonstrate consistency with SCAQMD and ICAPCD operational emission thresholds. For projects where operational emissions exceed regulatory thresholds, the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of the project.
• Provide onsite solar/renewable energy in excess of regulatory requirements. • Require that owners/tenants of non-residential or multi -family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties.
• Require dripless irrigation and irrigation sensor units that prevent watering during rainstorms.

Indian Wells General Plan Update PDEIR

4.3-26 November 2024

Page 270 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
RM-9g
Consider creating dust control measures and coordinating with the Salton Sea Air Basin in implementing strategies proposed in the Air Quality Management Plan to improve regional air quality.

RM-9j Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.

RM-9k Schedule regular maintenance for the City fleet vehicles to reduce fuel consumption resulting in less air pollution and decrease fuel purchases. c. Expose sensitive receptors to substantial pollutant concentrations A sensitive receptor is a person in the population who is particularly susceptible (i.e., more susceptible than the population at large) to health effects due to exposure to an air contaminant. Sensitive receptors and the facilities that house them are of particular concern if they are located in close proximity to localized sources of carbon monoxide, toxic air contaminants, or odors. Land uses considered by the SCAQMD to be sensitive receptors include residences, long-term health care facilities, schools, rehabilitation centers, playgrounds, convalescent centers, childcare centers, retirement homes, and athletic facilities. The surrounding context of the project includes vacant lots, office uses, and residential uses. Construction -related emissions resulting from the project are not expected to reach or exceed the SCAQMD regional thresholds of significance and therefore would not expose sensitive receptors to substantial pollutant concentrations at a regional level.

The South Coast Air Quality Management District (SCAQMD) has developed and published the Final Localized Significance Threshold (LST) Methodology to help identify potential impacts that could contribute to or cause localized exceedances of the federal and/or State ambient air quality standards (NAAQS/CAAQS). LST methodology was developed in response to environmental justice and health concerns raised by the public regarding exposure of individuals to criteria pollutants in local communities. The purpose of analyzing LSTs is to determine whether a project may generate significant adverse localized air quality impacts in relation to the nearest exposed sensitive receptors, such as schools, churches, residences, hospitals, day care facilities, and elderly care facilities. LST thresholds represent the maximum emissions from a project that will prevent an exceedance of the most stringent applicable federal or state ambient air quality standard at the nearest sensitive receptor, taking into consideration ambient concentrations in each source receptor area (SRA), project, size, and distance to the sensitive receptor. Therefore, complying with the lowest allowable emissions thresholds translates to meeting the most stringent air quality standards for a project locality.

Indian Wells General Plan Update PDEIR

4.3-27 November 2024

Page 271 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
As part of the LST methodology, SCAQMD has divided its jurisdiction into 37 source receptor areas (SRAs) which can be used to determine whether a project may generate significant adverse localized air quality impacts. The proposed development is located in SRA 30, which covers the Coachella Valley and City of Indian Wells. LSTs only apply to certain criteria pollutants: carbon dioxide (CO), oxides of nitrogen (NOX) particulate matter equal to or less than 10 microns in diameter (PMlo), and particulate matter equal to or less than 2.5 microns in diameter (PM2.$).

Geographic Information Systems (GIS) mapping analysis was used to delineate the project area of construction within the City from the implementation of the GPU and identify the nearest sensitive receptors using the distance intervals established by the LST methodology, which are 25 meters (82 feet), 50 meters (164 feet), 100 meters (328 feet), 200 meters (656 feet), and 500 meters (1,640 feet). Some of the project site surroundings include residential uses that are within 25 meters (82 feet) of the project, including at APNs 633-150-077, 633-150-071, 633-310-035 and 633-410-051. As such, the existing sensitive receptors serve as the basis for the LST analysis using the shortest distance interval of 25 meters (82 feet). The shortest distance interval to the nearest sensitive receptor establishes the strictest threshold with the lowest emissions allowances needed to maintain compliance. The LST analysis results are subsequently quantified and discussed.

Table 4.3-5 Summary of Short -Term Construction Emissions in Relation to Localized Significance Thresholds (LSTs) (Pounds/Day) Emission Source
NO.

CO
PM10
PM2.5
Demolition

22.2 19.9

0.9 0.8
Site Preparation

31.6 30.2

1.4 1.3
Grading

29.7 28.3

1.2 1.1
Building Construction

10.4 13.0

0.4 0.4
Paving

9.9 13.0

0.4 0.3
Architectural Coating

9.4 12.9

0.3 0.3
Total Emissions
113.2
117.3

4.6 4.2
SCAQMD LST Threshold for SRA 30
304
2,292
14 8
LST Threshold Exceeded?
No
No
No
No
Sources: AaVVD LST Look -Up Tables corresponding SRA 30, 5 -acre increment, at 25 meters (82 feet).

CalEENbd Version 2022.1. Refer to Appendix B of this DEIRfor detailed tables.

The results provided in Table 4.3-5 demonstrate that the construction activities would not generate emissions in excess of the site -specific LSTs; therefore, site- specific impacts during construction of the project would be less than significant without the need for mitigation. Because the proposed land uses do not include major stationary polluters (such as a landfill, chemical plant, oil field, refineries etc.), LST analysis was not conducted or required for Project operation. Therefore, impacts to sensitive receptors from Project construction will be less than significant.

Indian Wells General Plan Update PDEIR

4.3-28 November 2024

Page 272 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
General Plan Policies that Mitigate Potential Impacts
The General Plan Update establishes various policies and actions designed to support the SCAQMD efforts toward regional air quality improvements and the associated public health benefits. Air quality and public health benefits are supported and influenced, directly and indirectly, by a wide range of policies and actions, including those stemming from the Community Development, Mobility, and Resource Management elements of the General Plan.

The relevant policies are CD -1.8 (Prohibited Development Types) from the Community Development Element and M-1.12 (Truck Routes) from the Mobility Element. These policies and actions are further discussed in Section 4.11, Land Use and Planning, and Section 4.16, Transportation, of this PDEIR.

The policies and actions contained in the Resource Management Element that are most applicable to air quality in relation to sensitive receptors are summarized below:

Policies
RM-9.3 Sensitive Receptors. Buffer and protect residential areas and other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.

Actions
RM-9g
Consider creating dust control measures and coordinating with the Salton Sea Air Basin in implementing strategies proposed in the Air Quality Management Plan to improve regional air quality.

RM-9j Require construction sites, and trucks hauling dirt to and from the sites, to comply with the City's PM10 standards.

RM-9k Schedule regular maintenance for the City fleet vehicles to reduce fuel consumption resulting in less air pollution and decrease fuel purchases. d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Implementation of the proposed Project is not expected to result in emissions that would exceed the South Coast AQMD Air Quality Significance Thresholds pertaining to construction or operation.

Moreover, the project emissions would not exceed the Localized Significance Thresholds applicable to the project setting in relation to the existing residences near the project.

Indian Wells General Plan Update PDEIR

4.3-29 November 2024

Page 273 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
The proposed project has the potential to result in short-term odors associated with operation of heavy equipment during grading, excavation, and other construction activities. However, the nature of construction -related odors is that they tend to be temporary and disperse with distance.

The proposed project will not include the types of facilities commonly known to generate odors, such as agricultural activities, feedlots, wastewater treatment plants, sanitary landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, rendering plants, or food packaging facilities. Moreover, such odors would be inconsistent with the ambiance required for successful operation of proposed land uses. As such, the project is not expected to result in odor emissions adversely affecting nearby neighbors. Pertaining to other emissions adversely affecting a substantial number of people, less than significant impacts are anticipated.

General Plan Policies
The General Plan Update establishes various policies and actions designed to support the SCAQMD efforts toward regional air quality improvements and the associated public health benefits. Air quality and public health benefits are supported and influenced, directly and indirectly, by a wide range of policies and actions, including those stemming from the Community Development, Mobility, and Resource Management elements of the General Plan.

The relevant policy is M-1.7 (Minimize Environmental Impacts) from the Mobility Element, as further discussed in Section 4.16, Transportation, of this PDEIR.

The policies and actions contained in the Resource Management Element that are most applicable to other air emissions are summarized below:

Policies
RM-9.2 Zero -Emission and Low -Emission Vehicle Use. Encourage the use of zero -emission vehicles, low -emission vehicles, bicycles and other non -motorized vehicles, and car - sharing programs by providing sufficient and convenient infrastructure and parking facilities to accommodate these vehicles.

RM-9.3 Sensitive Receptors. Buffer and protect residential areas and other sensitive receptors, such as schools and care facilities, from areas of heightened air quality pollution.

4.3.5 Cumulative Impacts
Using the most current California Emissions Estimator Model (CaIEEMod, Version 2022.1) computer software, the project -specific construction and operational emissions have been quantified and evaluated against the localized and regional air quality standards, which have been established with the Indian Wells General Plan Update PDEIR

4.3-30 November 2024

Page 274 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
purpose of protective public health and sensitive populations. The expected emissions will not exceed the applicable thresholds for criteria pollutants, including PM10 and ozone precursors.

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

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

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

4.3.6 Mitigation Measures
To the extent the GPU will result in direct, reasonably foreseeable, significant environmental impacts, the policies and actions listed throughout this section, as proposed by the GPU, will serve as mitigation or to the extent the impacts will be less than significant, as improvement measures as it relates to air quality. Moreover, State, regional and local regulations will also ensure that buildout of the GPU would Indian Wells General Plan Update PDEIR

4.3-31 November 2024

Page 275 of 1361 ends

Council Agenda- February 13, 2025

4.3 AIR QUALITY
result in less than significant impacts. Therefore, no additional Mitigation or Improvement Measures are required

4.3.7 Level of Significance After Mitigation
The aspect of air quality does not involve significant impacts requiring mitigation.

4.3.8 Resources

1. Analysis of the Coachella Valley PM10 Redesignation Request and Maintenance Plan, by the California Air Resources Board, February 2010; and sections of the SCAQMD Rule Book.

2. Clean Air Act (CWA).

3. 2022 Air Quality Management Plan (AQMP), by South Coast Air Quality Management District (SCAQMD), adopted December 2, 2022.

4. Final 2003 Coachella Valley PM10 State Implementation Plan (CVSIP), by South Coast Air Quality Management District (SCAQMD), August 2003.

Indian Wells General Plan Update PDEIR

4.3-32 November 2024

Page 276 of 1361 ends

Council Agenda- February 13, 2025

PROGAMMATIC DRAFT ENVIRONMENTAL IMPACT REPORT
Indian Wells General Plan Update

4.4 Biological Resources

4.4.1 Introduction
This section of the Indian Wells General Plan Update ("GPU") Programmatic Draft Environmental Impact Report ("PDEIR") addresses both common and sensitive biological resources that could be impacted by the implementation of the GPU on the Indian Wells Planning Area ("Planning Area"). Changes to the Whitewater River Channel are proposed as part of the proposed project consistent with ongoing efforts to improve the channel. Approximately 6.82 acres of the Whitewater River Channel will be removed from the storm channel and added to developable acreage for resort commercial uses.

This section provides a comprehensive overview of the Planning Area's biological conditions, utilizing data from the California Natural Diversity Database ("CNDDB") to identify and analyze species and habitats of concern within the Planning Area limits. Furthermore, this section examines the specific requirements outlined in the City policies and actions that pertain to the conservation and management of biological resources, ensuring that development plans align with environmental protection goals.

Detailed assessments of any habitats, species diversity, and potential environmental impacts are included and discussed below.

4.4.2 Existing Conditions
Physical Features
The City of Indian Wells is located in the Coachella Valley, in Riverside County, California and encompasses approximately 14.6 square miles. The City is east and south of the City of Palm Desert, west of the City of La Quinta, and north of unincorporated Riverside County The Planning Area is a small- scale residential -resort community with land uses that include residential, commercial, and open space.

A majority of the northern portion of the City is completely developed with single-family and multi -family residential, commercial amenities, and open space in the form of golf courses and private recreation.

The southern portion of the City consists of the Santa Rosa Mountains within an Open Space land use designation. The Santa Rosa Mountains environmental conditions and biological resources are not thoroughly analyzed in the following discussions due to the Santa Rosa Mountains being contained in the Santa Rosa and San Jacinto Mountains Conversation Area designated by the Coachella Valley Multiple Species Habitat Conservation Plan (discussed in more detail below under Subsection 4.4.3, Regulatory Settings).

Due to its mostly developed condition, limited native vegetation currently exists in the Planning Area.

Development throughout the Planning Area has isolated any remaining undeveloped land and severely limited any land containing sensitive biological resources. Native vegetation is primarily found in the Indian Wells General Plan Update PDEIR

4.4-1 November 2024

Page 277 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
southern portion of the City contained in the Santa Rosa and San Jacinto Mountains Conservation Area (discussed in more detail below under the Regulatory Settings section).

Primary access to the Planning Area is provided by State Highway 111. Interstate 10 Freeway provides primary access to the region, and State Route 74 provides access to the Coachella Valley region from the south.

Climate
The regional climate is greatly influenced by location and elevation, with associated differences in temperature and precipitation. These factors combine with physical features of the landscape to shape the locations of natural habitat and the unique plant and wildlife species they support. The Planning Area lies within a geographical region known as the Colorado Sonoran Desert. As is typical of the desert region, annual precipitation is 4 to 5 inches per year in the City of Indian Wells. Winter temperatures are mild with a daily average of 71 °F. Winter nights occasionally drop to near freezing. The hottest days are experienced over the summer months with average daily temperature of 108 °F.

Topography
The United States Geological Survey (USGS) La Quinta 7.5 -minute Quadrangle Topographic Map records the existing elevations within the Planning Area, detailing a high of 2200 feet in the southern portion of the City within the Santa Rosa Mountains, and a low of 120 feet near the center of the City along the Whitewater River.

Streambeds and Watercourses
There are two blue -line stream courses in the Planning Area as shown on the USGS La Quinta Quadrangle Topographic Map; the Whitewater River traverses the northeastern portion of the City, and the Deep Canyon Stormwater Channel runs along the base of the mountains and drains into the Whitewater River just west of Washington Street and north of State Highway 111.

The Whitewater River, which is the primary ephemeral stream in the Coachella Valley, runs generally northwest to southeast through the Coachella Valley. East of Washington Street, the river is called the Coachella Valley Stormwater Channel. The Channel qualifies as both a Water of the State and a Water of the U.S. Therefore, construction activities that may affect the Channel require consultation with both California Department of Fish and Wildlife (CDFW) and the United States Army Corps of Engineers (USACE) and the Colorado River Regional Water Quality Control Agency, and permits must be secured from each agency.

Natural Communities
Indian Wells General Plan Update PDEIR

4.4-2 November 2024

Page 278 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
Natural vegetation communities exist within the Planning Area, such as stabilized shielded desert sand fields, mesquite hummocks, Sonoran creosote bush scrub, and Sonoran mixed woody and succulent scrub. Sonoran creosote bush scrub and Sonoran mixed woody and succulent scrub exist in the Santa Rosa Mountain portion of the City and would not be affected by the GPU.

Special Status Plants and Wildlife
Special status plant and wildlife species are those that are designated through federal, State, or local process and regulated by a specific statute and/or the CEQA process. The following discussion describes the special status plant and wildlife species that have been recorded in the City in the California Natural Diversity Database (CNDDB). The CDFW tracks sensitive natural plant communities in the CNDBB. CNDDB provides locations on special status plants, animals, and natural communities.

A 2024 CNDDB search listed 17 special status species that have been previously found within the City boundaries. Descriptions of the species and their recorded sighting in the City are listed below.

Special Status Species Descriptions
Plants
Chaparral sand -verbena (Abronia villosa var. aurita) is an annual herb that typically thrives in sandy soils at elevations below 5,250 feet. Potential habitats for this species may exist within the City of Indian Wells. Although it is neither state nor federally listed, it is recognized by the California Native Plant Society as a rare or endangered plant in California. The last CNDDB recorded sighting in the City dates back to 1922, though the exact location is unknown. This species is not covered under the CVMSHCP.

Coachella Valley milk -vetch (Astragalus lentiginosus var. coachellae) is an annual and perennial herb found in desert dunes within the Sonoran Desert, particularly in the Coachella Valley, at elevations below 2,150 feet. Although not state -listed, it is federally listed as endangered since October 6, 1998, and is also considered rare or endangered by the California Native Plant Society. The last CNDDB recorded sighting in the City occurred in 1922, with the exact location remaining unknown. This species is covered under the CVMSHCP.

Glandular ditaxis (Ditaxis claryana) is a perennial herb that grows in sandy soils at elevations below 1,550 feet, typically found in the Mojave and Sonoran Deserts. The City of Indian Wells may provide suitable habitat for this species. It is neither state nor federally listed, but the California Native Plant Society classifies it as rare or endangered. A CNDDB recorded sighting in 1932 was in Deep Canyon at an estimated elevation of 300 feet, though the exact location is unknown. This species is not covered under the CVMSHCP.

California ditaxis (Ditaxis serrata var. californica) is a perennial herb typically found in the Sonoran Desert at elevations below 3,300 feet. Potential habitats exist within the City. This species is neither state Indian Wells General Plan Update PDEIR

4.4-3 November 2024

Page 279 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
nor federally listed, and the California Native Plant Society does not consider it endangered. There were two CNDDB recorded sightings, one in 1978 and another in 1984, both occurring south of Palm Desert — one near Hidden Valley and the other on the Living Desert Reserve on Eisenhower Mountain Trail along the wash. This species is not covered under the CVMSHCP.

Slender cottonheads (Nemacaulis denudate var. gracilis) is an annual herb that inhabits coastal and desert dunes, including the Sonoran Desert, typically at elevations below 1,300 feet. Potential habitats for this species may be found within the City. Although it is neither state nor federally listed, the California Native Plant Society considers it rare or endangered. A CNDDB record from 1980 noted the species in the City, but the associated habitat has since been lost to development. This species is not covered under the CVMSHCP.

Desert spike -moss (Selaginella eremophila) is a perennial rhizomatous herb that occurs in the Chaparral and Sonoran Desert regions at elevations between 650 and 4,250 feet. Potential habitat for this species may exist within the City. It is not state or federally listed but is classified as rare or endangered by the California Native Plant Society. A CNDDB record indicates the species was observed in Deep Canyon, though the date is unspecified. This species is not covered under the CVMSHCP.

Purple stemodia (Stemodia durantifolia) is a perennial herb found in the Sonoran Desert at elevations between 600 and 1,000 feet. Parts of the City conform to these criteria and may be considered a potential habitat. The purple stemodia is neither state nor federally listed, however, the California Native Plant Society considers it a rare or endangered plant in California. The recorded date of sighting of this plant is 1928, and the location of the siting occurred in "Deep Creek". This species is not covered under the CVMSHCP.

Invertebrates
Coachella giant sand treader cricket (macrobaenetes valgum) Coachella giant sand treader cricket is recognized on the California Department of Fish and Game's Special Animals list and has potential to occur within active desert dunes and sand fields in the Planning Area. A CNDDB record from 1958 notes the species in the City, though the exact location of the sighting is unknown. This species is covered under the CVMSHCP.

Casey's June beetle (Dinacoma caseyi) is listed as endangered by the U.S. Fish and Wildlife Service. The species' range, mapped by the U.S. Fish and Wildlife Service, includes parts of Palm Springs and Cathedral City, with the range ending west of Cathedral Canyon Drive, approximately 8 miles northwest of the City's northern boundary. A CNDDB record indicates the species was once present in the City but is now considered extirpated, with the last sighting occurring in 1953. This species is not covered under the CVMSHCP.

Reptiles and Amphibians
Indian Wells General Plan Update PDEIR

4.4-4 November 2024

Page 280 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
Reptile species of special concern to State and Federal government agencies that have been recorded within the City are listed below.

Flat -tailed horned lizard (Phrynosoma mcalli) is a California species of special concern. This lizard typically inhabits areas with fine sand and sparse vegetation within desert washes and desert scrub, with populations patchily distributed throughout the Coachella Valley. The species has been greatly reduced due to urban development and recreational activities. The last CNDDB record of this species in the City dates back to 1968, though the exact location is unknown. Suitable habitat may still exist in the Santa Rosa Mountains in the southern portion of the City. This species is covered under the CVMSHCP.

Coachella Valley fringe -toed lizard (Uma inornata) is federally listed as threatened and state -listed as endangered. The species requires fine, loose, windblown sand for habitat, limiting its distribution to sand dunes in the Coachella Valley. The species has potential to occur in habitats supporting sand dunes and sand fields within the Planning Area. A CNDDB record indicates the species was observed in the City in 1975. This species is covered under the CVMSHCP.

Birds
Black -tailed gnatcatcher (Polioptila melanura) is considered a special animal whose populations are monitored by the California Department of Fish and Wildlife (CDFW). It is a year-round resident of wooded desert wash habitats and may also be found in desert scrub habitats, particularly in winter. This species may occur in low densities within the City where suitable habitat is present. This species is not covered under the CVMSHCP.

Vermilion flycatcher (Pyrocephalus rubinus) is a CDFW species of special concern and a spring migrant that inhabits desert riparian habitats adjacent to watercourses, including irrigated fields, ditches, and other open, mesic areas. This species may be found in open spaces within the City where suitable habitat is present. This species is not covered under the CVMSHCP.

Crissal thrasher (Toxostoma dorsale) is a state species of special concern and is covered by the CVMSHCP. It has the potential to occur in mesquite thickets within the City. The species was last recorded in the City in 1932, though the exact location is not documented. This species is covered under the CVMSHCP.

LeConte's thrasher (Toxostoma lecontei) is a state species of special concern and is covered by the CVMSHCP. It potentially inhabits desert washes and creosote bush scrub within the City. The species was last reported in the City in 1919. This species is covered under the CVMSHCP.

Prairie falcon (Falco mexicanus) is a state species of special concern. Its preferred nesting habitats are cliffs, though it may also use power lines, buildings, and rock quarries. The species has the potential to forage in agricultural fields and desert scrub habitats in the Planning Area. Based on CNDDB records, the species was recorded in the City in 1978 and 1980. This species is not covered under the CVMSHCP.

Indian Wells General Plan Update PDEIR

4.4-5 November 2024

Page 281 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
Mammals
Western yellow bat (Lasiurus xanthinus) is a state species of special concern and is covered by the CVMSHCP. It has the potential to roost within desert fan palm oasis woodland in the Planning Area. The species was recorded in the City in 1979. This species is covered under the CVMSHCP.

4.4.3 Regulatory Setting
There are a number of regulatory agencies whose responsibility includes the oversight of the natural resources of the State and Nation, including the CDFW, the USFWS, and the USACE. These agencies often respond to declines in the quantity of a particular habitat or plant or animal species by developing protective measures for those species or habitat type. The following is an overview of the federal, State, and local regulations that are applicable to implementing the General Plan Update.

Federal
Endangered Species Act
The Endangered Species Act (ESA) of 1973 provides a program for the conservation and protection of endangered and threatened plants and animals and the habitats in which they are found. Section 7 of the ESA directs federal agencies to use their legal authorities to carry out conservation programs for listed species. It also requires these agencies to ensure that any actions they fund, authorize, or carry out are not likely to jeopardize the survival of any endangered or threatened species, or to destroy or adversely modify its designated critical habitat (if any).

In general, persons subject to ESA (including private parties) are prohibited from "taking" endangered or threatened fish and wildlife species on private property and from "taking" endangered or threatened plants in areas under federal jurisdiction or in violation of state law. Under Section 9 of the ESA, the definition of "take" is to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." USFWS has also interpreted the definition of "harm" to include significant habitat modification that could result in take.

Two sections of the ESA address incidental take. Section 10 regulates incidental take if a non-federal agency is the lead agency for an action that results in take and no federal agencies are involved in permitting or funding the action. However, if a project would result in take of a federally listed species and federal discretionary action (even if a non-federal agency is the overall lead agency) is involved (e.g., a federal agency must issue a permit), the involved federal agency consults with U.S. Fish and Wildlife Service (USFWS) under Section 7 of ESA. Section 7 of ESA outlines procedures for federal interagency cooperation to protect and conserve federally listed species and designated critical habitat. Section 7(a)(2) requires federal agencies to consult with USFWS to ensure that they are not undertaking, funding, permitting, or authorizing actions likely to jeopardize the continued existence of listed species or destroy or adversely modify designated critical habitat.

Indian Wells General Plan Update PDEIR

4.4-6 November 2024

Page 282 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
Habitat Conservation Plans
Habitat Conservation Plans (HCPs) under section 10(a)(1)(B) of the ESA provide for partnerships with non-federal parties to conserve the ecosystems upon which listed species depend, ultimately contributing to their recovery. HCPs are planning documents required as part of an application for an incidental take permit. They describe the anticipated effects of the proposed taking; how those impacts shall be minimized or mitigated; and how the HCP is to be funded. HCPs can apply to both listed and non -listed species, including those that are candidates or have been proposed for listing. Conserving species before they are in danger of extinction or are likely to become so can also provide early benefits and prevent the need for listing.

The Federal Migratory Bird Treaty Act
The Migratory Bird Treaty Act of 1918 (MBTA) governs the obligation of the United States under international treaties and conventions for the protection of migratory birds. The MBTA prohibits the take, possession, import, export, transport, selling, purchase, barter, or offering for sale, purchase or barter, any migratory birds, their eggs, parts, and nests, except as authorized under a valid permit by the Department of Interior U.S. Fish and Wildlife Service. Under the MBTA, "take" is defined as "to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or any attempt to carry out these activities." A take does not include habitat destruction or alteration, as long as there is not a direct taking of birds, nests, eggs, or parts thereof. The current list of species protected by the MBTA can be found in Title 50 of the Code of Federal Regulations (CFR), Section 10.13 (50 CFR 10.13). The list includes nearly all birds native to the United States.

Clean Water Act of 1972
The purpose of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of all waters of the U.S. In accordance with Section 404 of the Clean Water Act (CWA), USACE regulates the discharge of dredged or fill material into waters of the U.S. Permitting is required for filling waters of the U.S. (including wetlands). Permits may be issued on an individual basis or may be covered under approved nationwide permits. The term "waters of the United States" is defined as:
• All waters currently used, or used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide; • All interstate waters, including interstate wetlands; • All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes or natural ponds; the use, degradation, or destruction of which could affect foreign commerce including any such waters: (1) which could be used by interstate or foreign travelers for recreational or other purposes; or (2) from which fish or shell fish are, or could be taken and sold in interstate or foreign commerce; or (3) which are used or could be used for industries in interstate commerce.

Indian Wells General Plan Update PDEIR

4.4-7 November 2024

Page 283 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
• All other impoundments of waters otherwise as defined as waters of the United States under the definition;
• Tributaries of waters identified above;
• The territorial seas; and
• Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in the paragraphs above.

State
California Environmental Quality Act
The California Environmental Quality Act (CEQA) Guidelines Section 15380(b) recognizes species as rare or endangered if they meet specific criteria, akin to the Federal ESA and California Fish and Game Code.

The California Environmental Quality Act (CEQA) allows agencies to safeguard species until officially designated protected, if warranted. CEQA can also mandate protection of local resources, like natural communities, despite lacking legal protection. CNDDB-designated sensitive natural communities are deemed significant by California Fish and Wildlife (CDFW) and fall under CEQA Guidelines, often noted in local planning documents like general plans.

California Endangered Species Act
The California Endangered Species Act (CESA) enacted in 1970 and subsequently amended, conserves and protects plant and animal species at risk of extinction. CDFW has the responsibility for maintaining a list of threatened and endangered species (California Fish and Game Code Section 2070). CDFW also maintains a list of "candidate species," which are species formally noticed as being under review for addition to either the list of endangered species or the list of threatened species. In addition, CDFW maintains lists of "species of special concern," which serve as "watch lists." Pursuant to the requirements of the CESA, an agency reviewing a proposed project within its jurisdiction must determine whether any state -listed endangered or threatened species could be present on a project site and determine whether a proposed project could have a potentially significant impact on such species. In addition, CDFW encourages informal consultation on any proposed project that may affect a candidate species.

Pursuant to the CESA, a permit from CDFW is required for projects that could result in the "take" of a plant or animal species that is listed by the state as threatened or endangered. Under CESA, "take" is defined as an activity that would directly or indirectly kill an individual of a species, but the CESA definition of take does not include "harm" or "harass" like the ESA definition does. As a result, the threshold for take is higher under CESA than under ESA. Authorization for take of state -listed species can be obtained through a California Fish and Game Code Section 2081 incidental take permit.

California Fish and Game Code Section 3503, 3503.5, and 3513 Indian Wells General Plan Update PDEIR

4.4-8 November 2024

Page 284 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
Section 3503 of the Fish and Game Code states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird. Section 3503.5 of the California Fish and Game Code states that it is unlawful to take, possess, or destroy any raptors (i.e., species in the orders Falconiformes and Strigiformes), including their nests or eggs. Typical violations include destruction of active nests as a result of tree removal or disturbance caused by project construction or other activities that cause the adults to abandon the nest, resulting in loss of eggs and/or young. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by the rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.).

California Fish and Game Code Fully Protected Species
Protection of fully protected species is described in Sections 3511, 4700, 5050, and 5515 of the California Fish and Game Code. These statutes prohibit the take or possession of fully protected species and do not provide for authorization of incidental take.

Native Plant Protection Act
The Native Plant Protection Act (NPPA) enacted in 1977 and implemented by CDFW, prohibits the killing or possession of California rare, threatened, or endangered plant species without authorization or permit by CDFW. All state departments and governing agencies are required to use their authority to enforce conservation of rare or endangered plant species.

Section 401 of the CWA
Under Section 401, the State Water Resources Control Board (SWRCB) has authority over wetlands in California through Section 401 of the CWA, as well as the Porter -Cologne Act, California Code of Regulations Section 3831(k), and California Wetlands Conservation Policy. The CWA requires that an applicant for a Section 404 permit (to discharge dredged or fill material into waters of the United States) first obtain a certificate from the appropriate State agency stating that the fill is consistent with the State's water quality standards and criteria. In California, the authority to either grant certification or waive the requirement for permits is delegated by the SWRCB to the nine regional boards. A request for certification is submitted to the regional board while an application is filed with the Army Corps of Engineers (ACOE).

Regional
Coachella Valley Multiple Species Habitat Conservation Plan The Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (CVMSHCP) is a regional multi -agency conservation plan that provides for the long-term conservation of Indian Wells General Plan Update PDEIR

4.4-9 November 2024

Page 285 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
ecological diversity in the Coachella Valley region of Riverside County. Significant progress has been made in plan implementation since State and federal permits were issued in September and October 2008. The term of all HCP permits is 75 years, which is the length of time required to fully fund implementation of the CVMSHCP.

The CVMSHCP includes an area of approximately 1.1 million acres in the Coachella Valley region within Riverside County. A major amendment to the Plan, completed in 2016, added 770 acres to the Plan's Conservation Areas. The plan area boundaries were established to incorporate the watersheds of the Coachella Valley within the jurisdictional boundaries of CVAG and within Riverside County. Indian Reservation Lands are not included in the CVMSHCP although coordination and collaboration with tribal governments has been ongoing.

One Conservation Area exists in the City of Indian Wells, the Santa Rosa and San Jacinto Mountains Conservation Area. There are 21 Conservation Areas in the CVMSHCP which are a system of lands that provide Core Habitat and Other Conserved Habitat for the Covered Species, conserves natural communities, conserves Essential Ecological Processes, and secures Biological Corridors and Linkages between Habitat areas.

Core Habitat is the areas identified in the Plan for a given species that are composed of a Habitat patch or aggregation of Habitat patches that (1) are of sufficient size to support a self-sustaining population of that species, (2) are not fragmented in a way to cause separation into isolated populations, (3) have functional Essential Ecological Processes, and (4) have effective Biological Corridors and/or Linkages to other Habitats, where feasible, to allow gene flow among populations and to promote movement of large predators.

Other Conserved Habitat is part of a Conservation Area that does not contain Core Habitat for a given species, but which still has Conservation value. These values may include Essential Ecological Processes, Biological Corridors, Linkages, buffering from edge effects, enhanced species persistence probability in proximate Core Habitat, genetic diversity, recolonization potential, and flexibility in the event of long- term Habitat change.

Covered Species are the species for which Take Authorization is provided through Permits issued in conjunction with the Implementing Agreement. These species are discussed in the CVMSHCP documents.

It is important to note that Conservation Areas protect species of various protection status. For example, California Species of Special Concern (CSSC) status species exist in Conservation Areas due to overlapping habitat. CSSSC status applies to animals generally not listed under the federal Endangered Species Act or the CESA, but which nonetheless are declining at a rate that could result in listing, or historically occurred in low numbers and known threats to their persistence currently exist. Multiple CSSC species are Associated Covered Species. These species and other sensitive species are listed in Table 9-1b:

Indian Wells General Plan Update PDEIR

4.4-10 November 2024

Page 286 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
Summary of Core Habitat and Other Conserved Habitat to be Conserved in Conservation Areas, located in the CVMSHCP document.

There is a Management Program, Monitoring Program, and Adaptive Management for Conservation Areas in the CVMSHCP. The Monitoring Program includes, but is not limited to, establishing baseline conditions, and monitoring threats and habitat and species status at the landscape, natural community, and species levels. The Management Program includes, but is not limited to, patrol, law enforcement, habitat restoration, maintaining fencing, and signage. Adaptive Management costs could include pilot projects to evaluate management tools, studies in response to results of the Monitoring Program, and Changed Circumstances.

The Coachella Valley Conservation Commission (CVCC) is the agency responsible for CVMSHCP implementation. The CVCC is comprised of elected representatives of the Local Permittees including Riverside County, the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, the Coachella Valley Water District, Mission Springs Water District, and the Imperial Irrigation District. The Riverside County Flood Control and Water Conservation District (County Flood Control), Riverside County Regional Park and Open Space District (County Parks), and Riverside County Waste Resources Management District (County Waste) are also Local Permittees.

Other Permittees include three state agencies, the California Department of Parks and Recreation (State Parks), the Coachella Valley Mountains Conservancy (CVMC), and the California Department of Transportation (CalTrans). A major amendment to include the City of Desert Hot Springs and Mission Springs Water District as Permittees was approved by the CVCC in March 2014 and all local Permittees approved the Major Amendment in 2014. The US Fish and Wildlife Service (USFWS) approved the Major Amendment in December 2015. The final approval of the Major Amendment by CDFW was in August 2016. The CVMSHCP involves the establishment of an MSHCP Reserve System to ensure the conservation of the covered species and conserved natural communities in perpetuity. The existing conservation lands managed by local, State, or federal agencies, or non-profit conservation organizations form the backbone of the MSHCP Reserve System.

As stated above, the City of Indian Wells is a signatory to the CVMSHCP; therefore, development projects outside Conservation Areas are required to pay the prescribed mitigation fee to offset the potential impacts of the development on the natural environment and ensure the future availability of funds to purchase regional conservation lands.

Development adjacent or within a Conservation Area, like areas in the City that are adjacent to the Santa Rosa and San Jacinto Conservation Area, are required to follow Land Use Adjacency Guidelines outlined in the CVMSHCP. These guidelines (Outlined in 4.5 Lands Use Adjacency Guidelines of the CVMSHCP) aim to prevent or reduce negative impacts on Conservation Areas from nearby development. Such impacts Indian Wells General Plan Update PDEIR

4.4-11 November 2024

Page 287 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
can include noise, light pollution, drainage issues, human intrusion, and the introduction of invasive species.

To address these issues, the Land Use Adjacency Guidelines recommend avoiding development directly adjacent to Conservation Areas and minimizing edge effects through measures like fencing, landscaping, and careful planning.

4.4.4 Impact Analysis
Thresholds of Significance
According to the CEQA Guideline's Appendix G Environmental Checklist, to determine whether impacts to biological resources are significant environmental effects, the following questions are analyzed and evaluated. Would the Project:
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife Service?
c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Methodology
This program -level analysis identifies the potential impacts of implementation of the GPU on biological resources. The following analysis is based upon full buildout of the City. To perform this analysis, a 2024 CNDDB search and aerial imagery were reviewed and analyzed.

Adoption of the GPU would not result in any changes to existing conditions; however, subsequent development could affect biological resources. The analysis below evaluates potential biological resources impacts from future developments. The analysis evaluates the ability of GPU policies and actions as well as local plans to avoid or substantially reduce adverse impacts on biological resources.

Indian Wells General Plan Update PDEIR

4.4-12 November 2024

Page 288 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
Project Impact
According to the CEQA Guidelines' Appendix G Environmental Checklist, to determine whether impacts to biological resources are significant environmental effects, the following thresholds are analyzed and evaluated. Would the Project:
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service
As discussed above, the Planning Area can be characterized as a resort town, mostly developed with residential, commercial, and open space land uses. There are only a few areas of the Planning Area that have not been developed or disturbed. However, this does not negate the presence of special status species occurring in these areas. The implementation of the GPU would not directly approve or entitle any development or infrastructure projects. However, implementation would allow and facilitate future development in Indian Wells, which could result in adverse impacts to special -status plant and wildlife species, as well as sensitive remaining natural habitat.

According to a 2024 CNDDB search of the City, a search revealed 17 special status species within the City boundaries (listed under Special Status Species, above). Subsequent development under the GPU could result in the direct loss of habitat areas associated with these special status species since suitable habitat for some of these species does still exists within the City. Additionally, indirect impacts to special status plant species could occur with implementation of the GPU.

In order to ensure that less than significant impacts occur to any special status species located in the City, any future development would be required to follow City policies and actions. Applicable policies and actions to special status species include Policy RM-1.1, to preserve biological communities that contribute to the region's biodiversity, with a special focus on sensitive, rare, or endangered plant and wildlife species in accordance with State and federal resource agency requirements. Policy RM-1.6 states that the City should direct development away from areas of sensitive biological habitat unless effective mitigation measures can be implemented. Policy RM-1.7 requires development proposals to identify significant biological resources and provide mitigation including the use of adequate buffering, selective preservation, the provision of replacement habitats, the use of sensitive site planning techniques and other appropriate measures. Policy RM1-1.8 encourages the preservation of areas of riparian vegetation and wildlife habitat along the Whitewater River and Deep Canyon storm channels. Action RM-la states that the City shall strictly monitor new development and redevelopment through site inspections to ensure the maximum feasible protection of native plants. Action RM-1d states that the City will use the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) to help assess potential project impacts and mitigation requirements. Action RM-1d states how development in the City must comply Indian Wells General Plan Update PDEIR

4.4-13 November 2024

Page 289 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
with CVMSHCP in terms of payment of mitigation fees, narrow endemic surveys, riparian/riverine policy, and other applicable surveys. Action RM-le states that where feasible, vegetation and tree removal should occur outside of the bird nesting season (February 1 to August 31). If not feasible, the project applicant shall retain a qualified biologist to conduct a nesting bird survey no more than three days prior to the commencement of construction activities. Action RM-1f states that the City shall review each development proposal submitted to the City to assure that the potential impacts on the natural environment are minimized. Action RM-1g requires that any development proposed in areas of "high ecological sensitivity" are required to conduct a biological study for the area.

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

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

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

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

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

RM-1.6 Sensitive Biological Habitat. Direct development away from areas of sensitive biological habitat unless effective mitigation measures (such as preconstruction Indian Wells General Plan Update PDEIR

4.4-14 November 2024

Page 290 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
biological surveys to identify whether candidate, sensitive, and/or special -status species occur onsite) to reduce potential impacts can be implemented.

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

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

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

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

Where feasible, vegetation and tree removal should occur outside of the bird nesting season (February 1 to August 31). If not feasible, the project applicant shall retain a qualified biologist to conduct a nesting bird survey no more than three days prior to the commencement of construction activities. The biologist conducting the clearance survey shall document the negative results if no active bird nests are observed on the project site or within the vicinity during the clearance survey with a brief letter report, submitted to the City of Indian Wells Planning Department prior to construction, indicating that no impacts to active bird nests would occur before construction can proceed. If an active avian nest is discovered during the pre -construction clearance survey, construction activities shall stay outside a 300 -foot buffer around the active nest. For listed raptor species, this buffer shall be 500 feet. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to Indian Wells General Plan Update PDEIR

4.4-15 November 2024

Page 291 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
ensure the nesting behavior is not adversely affected by construction activity, pursuant to the Migratory Bird Treaty Act (MBTA). Prior to the commencement of construction activities and the issuance of any permits, results of the pre - construction survey and any subsequent monitoring shall be provided to the City of Indian Wells Planning Department, California Department of Fish and Wildlife (CDFW), and other appropriate agencies.

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

RM-1g Prior to the approval of any development proposed in areas of "high ecological sensitivity," require the applicant to prepare a biological study for the area. b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife Service
The GPU could facilitate development that could impact existing vegetation communities. According to Natural Community Accounts and Conservation Measures from the Final Major Amendment to the CVMSHCP (August 2016) mesquite hummocks were formerly widespread from the dune areas of Indian Wells but are now restricted to undeveloped lots amid urban lands. Changes in soil moisture and water table declines may have reduced the occurrence of these hummocks.

The City has policies and actions regarding natural communities, to ensure less than significant impacts occur. Policy RM-1.1 states that the City should preserve biological communities that contribute to the region's biodiversity, with a special focus on sensitive, rare, or endangered plant and wildlife species in accordance with State and federal resource agency requirements. Policy RM-1.6 states that the City should direct development away from areas of sensitive biological habitat unless effective mitigation measures can be implemented. Policy RM-1.7 requires development proposals to identify significant biological resources and provide mitigation including the use of adequate buffering, selective preservation, the provision of replacement habitats, the use of sensitive site planning techniques and other appropriate measures. Policy RM1-1.8 encourages the preservation of areas of riparian vegetation and wildlife habitat along the Whitewater River and Deep Canyon storm channels. Applicable actions include Action RM-la, stating that the City develop a Native Plant Preservation Ordinance to preserve and protect natural vegetation and wildlife areas, mature trees and landscaping, and to promote the restoration of indigenous vegetation. In addition, the City shall strictly monitor new development and redevelopment through site inspections to ensure the maximum feasible protection of native plants.

Action RM-1d states that the City should cooperate with the County of Riverside to develop and manage preserve areas within the urban landscape. During the review of development proposals, use the CVMSHCP to help assess potential project impacts and mitigation requirements. Development in the City Indian Wells General Plan Update PDEIR

4.4-16 November 2024

Page 292 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
shall be required to comply with the applicable terms of the MSHCP including, but not limited to, the payment of mitigation fees, narrow endemic surveys, riparian/riverine policy, and other applicable surveys. Action RM-1f states that the City shall review each development proposal submitted to the City to assure that the potential impacts on the natural environment are minimized. Action RM-1g requires that any development proposed in areas of "high ecological sensitivity" are required to conduct a biological study for the area.

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

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

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

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

Indian Wells General Plan Update PDEIR

4.4-17 November 2024

Page 293 of 1361 ends

Council Agenda- February 13, 2025

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

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

Indian Wells General Plan Update PDEIR

4.4-18 November 2024

Page 294 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
RM-1g Prior to the approval of any development proposed in areas of "high ecological sensitivity," require the applicant to prepare a biological study for the area. c. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? The City does not contain federally protected wetlands, marshes, or other natural drainage features.

There is the Whitewater River and Deep Canyon Stormwater Channel in the City. Both waterways are managed by the Coachella Valley Water District (CVWD). Federal standards prohibit development in the floodways though some watercourse areas are used for golfing.

Changes to the Whitewater River Channel are proposed as part of the proposed project consistent with ongoing efforts to improve the channel. Approximately 6.82 acres of the Whitewater River Channel will be removed from the storm channel and added to developable acreage for resort commercial uses.

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

Development in the City shall be required to comply with the applicable terms of the MSHCP including, but not limited to, the payment of mitigation fees, narrow endemic surveys, riparian/riverine policy, and other applicable surveys. Action RM-1f states that the City shall review each development proposal submitted to the City to assure that the potential impacts on the natural environment are minimized.

Action RM-1g requires that any development proposed in areas of "high ecological sensitivity" are required to conduct a biological study for the area. Overall, implementation of the GPU would not result in the direct removal, filling, or other hydrological interruption to any of these resources.

Indian Wells General Plan Update PDEIR

4.4-19 November 2024

Page 295 of 1361 ends

Council Agenda- February 13, 2025

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

4.4-20 November 2024

Page 296 of 1361 ends

Council Agenda- February 13, 2025

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

RM-1g Prior to the approval of any development proposed in areas of "high ecological sensitivity," require the applicant to prepare a biological study for the area. d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The City does not act as a wildlife movement corridor due to the current built environment as well as the presence of urban/suburban development encompassing much of the City. Any development occurring from the GPU shall comply with the CVMSHCP through the payment of mitigation fees required by new developments (Action RM-1d). Additionally, development in the City is required to follow Action RM-1g set forth by the City. Action RM-1g states that prior to the approval of any development proposed in areas of "high ecological sensitivity," the applicant is required to prepare a biological study for the area.

Additionally, if any future development were to occur adjacent to the Santa Rosa and San Jacinto Conservation Area, development would be required to follow the Land Use Adjacency Guidelines outlined in the CVMSHCP as discussed under the Regulatory Setting section above. These guidelines were developed to reduce impacts to biological resources in the Conservation Area to less than significant levels.

Both required actions and compliance with the CVMSHCP as well as compliance with all applicable federal, State, and regional laws and regulations that relate to migratory wildlife corridors and native wildlife nursey sites would ensure that impacts to these biological resources would not be expected.

General Plan Actions
Actions
RM-1d
Cooperate with the County of Riverside to develop and manage preserve areas within the urban landscape. During the review of development proposals, use the Coachella Valley Multiple Species Habitat Conservation Plan to help assess Indian Wells General Plan Update PDEIR

4.4-21 November 2024

Page 297 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
potential project impacts and mitigation requirements. Development in the City shall be required to comply with the applicable terms of the CVMSHCP including, but not limited to, the payment of mitigation fees, narrow endemic surveys, riparian/riverine policy, and other applicable surveys.

RM-1g Prior to the approval of any development proposed in areas of "high ecological sensitivity," require the applicant to prepare a biological study for the area. e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
The City lies within the boundary of the CVMSHCP which outlines policies for conservation habitats and natural communities and is implemented by the City of Indian Wells. There are no other unique local policies or ordinances protecting biological resources that would cause a conflict. Any development occurring from the GPU shall comply with the CVMSHCP through the payment of mitigation fees required by new developments within the City (Action RM-1d). If any future development were to occur adjacent to the Santa Rosa and San Jacinto Conservation Area, development would be required to follow the Land Use Adjacency Guidelines outlined in the CVMSHCP as discussed under the Regulatory Setting section of this Section. These guidelines were developed to reduce impacts to biological resources in the Conservation Area to less than significant levels.

Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
As discussed above, the City of Indian Wells is a participant of the CVMSHCP. The Plan outlines policies for conservation habitats and natural communities and is implemented by the City of Indian Wells. The southern portion of the City is included in the Santa Rosa and San Jacinto Mountains Conservation Area; however, no development is proposed in the Conservation Area. If any future development were to occur adjacent to the Santa Rosa and San Jacinto Conservation Area, development would be required to follow the Land Use Adjacency Guidelines outlined in the CVMSHCP as stated above and discussed under the Regulatory Setting section of this Section, which include regulations to minimize edge effects from drainage, toxics, lighting, noise, and invasive species. These guidelines were developed to reduce impacts to biological resources in the Conservation Area to less than significant levels. Future development in the City would comply with the CVMSHCP and all applicable City policies and actions set forth in the GPU; therefore, impacts associated with the implementation of the GPU would be less than significant.

4.4.5 Cumulative Impacts
Implementation of the proposed Indian Wells General Plan Update (GPU) will not result in project -level effects to biological resources. However, when considered in combination with other cumulative Indian Wells General Plan Update PDEIR

4.4-22 November 2024

Page 298 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES
developments within the area, there is potential for adverse cumulative effects to biological resources.

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

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

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

4.4.6 Mitigation Measures
The City of Indian Wells is almost fully built -out with few parcels left to be developed. For the vacant lots that can be developed in the future, the City has created multiple policies and actions that address biological resources. To the extent the GPU will result in direct, reasonably foreseeable, significant environmental impacts, the policies and actions listed throughout this section, as proposed by the GPU, will serve as mitigation or to the extent the impacts will be less than significant, as improvement measures as it relates to biological resources. Moreover, State, regional and local regulations will also ensure that buildout of the GPU would result in (or continue to result in) less than significant impacts.

Therefore, no additional Mitigation or Improvement Measures are required

4.4.7 Level of Significance After Mitigation
Not applicable.

4.4.8 Resources

1. California Natural Diversity Database (CNDDB) 2024 Database for the City of Indian Wells

2. Environmental Protection Agency, May 2020 https://www.epa.gov/laws-regulations/summary- endangered-species-act

3. U.S. Fish and Wildlife Service, https://www.fws.gov/endangered/what-we-do/hcp- overview.html

4. U.S. Fish and Wildlife Service, National Wetlands Inventory Map Viewer, https://www.fws.gov/wetlands/data/mapper.html

5. U.S Fish and Wildlife Service, Casey's June Beetle Range Map, https://www.fws.gov/species/caseys-june-beetle-dinacoma-caseyi/map Indian Wells General Plan Update PDEIR

4.4-23 November 2024

Page 299 of 1361 ends

Council Agenda- February 13, 2025

4.4 BIOLOGICAL RESOURCES

6. Indian Wells 2018 General Plan, Chapter 5 Conservation and Open Space

7. Coachella Valley Multiple Species Habitat Conservation Plan 2019 Annual Report

8. California Native Plant Society, Inventory of Rare and Endangered Plants http://www.rareplants.cn 3s.org/

9. Coachella Valley Multiple Species Habitat Conservation Plan, Conservation Areas Map https://cvmshcp.org/Plan Maps.htm
Indian Wells General Plan Update PDEIR

4.4-24 November 2024

Page 300 of 1361 ends

Council Agenda- February 13, 2025

PROGRAMMATIC DRAFT ENVIRONMENTAL IMPACT REPORT
Indian Wells General Plan Update

4.5 Cultural and Tribal Cultural Resources

4.5.1 Introduction
This section provides a background discussion of the prehistory, ethnology, historical period background, and cultural resources found in Indian Wells. In addition, this section discusses the cultural resources that may be present in the project site or in the vicinity and assesses impacts on these resources from the development associated with implementation of the Indian Wells General Plan Update (GPU). This analysis relies upon the results of the Cultural and Paleontological Resource Study for the GPU (Appendix D).

The City received 2 comment letters related to this environmental topic during the NOP comment period. The Native American Heritage Commission (NAHC) submitted a letter dated August 1, 2024. The comment letter provided an overview of tribal consultation requirements. The issues raised in this letter have been addressed in this chapter of the Draft El R.

4.5.2 Existing Conditions
The City of Indian Wells is located in the Coachella Valley, approximately 17 miles east of the City of Palm Springs, and 30 miles west from the present-day shoreline of the Salton Sea. Regional access is provided by the Interstate 10, State Route (SR) 74 and SR -111. The central east -west artery of the City is SR -111.

Generally, the area of the Indian Wells GPU is nestled between the cities of Palm Desert to the north and west, La Quinta to the east, and unincorporated Riverside County Land to the north, south and west. The developed areas of the City are predominantly the northern and western areas with much of the City undeveloped rugged desert mountains to the south.

Cultural Setting
Prehistoric Period
The Paleoindian Period (10,500-9,500 BP) & San Dieguito Period (9,500-8,500 BP) Within the Colorado Desert, the Paleoindian Period is characterized as the earliest archaeological sequence. However, there are no known Paleoindian sites in the Coachella Valley, specifically within the City of Indian Wells, and this chronological framework is applied from data collected in adjacent desert and coastal areas of California.

The same is true of the San Dieguito period in the Coachella Valley. Wallace noted similarities between the "Lake Mojave Period" to the north and the "San Dieguito Tradition" and implied that they represent regional variants of an early hunting tradition that prevailed over a wide geographical area. Artifacts Indian Wells General Plan Update PDEIR

4.5-1 November 2024

Page 301 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
such as fluted points, crescents, Lake Mojave and Silver Lake points, and leaf shaped projectile points associated with ancient terraces and playas are sparsely found during this time in the southern California deserts. In the Colorado Desert, investigations on the Salton Sea Test Base produced two crescent - shaped artifacts like those in the Lake Mojave Complex which were associated with Late Pleistocene habitation. Additionally, an absence of ground stone and milling stone from this period has been viewed as an indicator of a lack of plant protein in the diet. However, substantial data associated with San Dieguito period are relatively rare in the Colorado Desert.

The Archaic Period: Early (8,500-5,800 BP), Middle (5,000-3,500 BP), Late (3,000-1,150 BP) The Early Archaic Period is highly underrepresented in the Colorado Desert compared to southwestern California and Arizona. Very few archaeological remains have been found during this time when the Colorado Desert appeared to have low population densities. Groups living in the desert during this period are characterized as hunter -gatherers who practiced wide -range procurement strategies and produced distinct stemmed or notched point types such as the Pinto Basin projectile point which is often found associated with heavy -keeled scrapers near ephemeral lakes and springs. The six Pinto projectile points documented during site evaluations conducted at the Salton Sea Test Base are the few artifacts found during the Early Archaic period.

It is proposed that during the Middle Archaic Period of the Colorado Desert, population growth occurred in the region, but it is based on the transitional Middle Archaic in Arizona, where population density appears to have increased along with mixed forager -collector strategies. Shackley (1986) concluded from obsidian studies and artifact morphology that territorial ranges of social groups were being defined at this time, possibly because of population increase and competition for resources. Due to a variability of projectile point types, it is possible that groups were competing for resources.

The Late Archaic Period coincides with the production of smaller points and the occurrence of late Pinto and Gypsum cultural patterns. The Indian Hill rock -shelter in Anza Borrego Desert State Park contained burials that date to the Late Archaic, and the Yuha burial near Truckhaven, initially dated to a pre- Paleoindian period, have since been confirmed to date to the Archaic period. The small amount of human remains recovered during this time indicates a low population density of hunter gatherer groups who shared strategies and projectile point styles.

The Late Prehistoric Period (1,300 BP -Contact)
The Late Prehistoric Period (1,300 BP -Contact) in the Colorado Desert has been generally represented by the Patayan sequence with the emergence of brown and buff ceramics and agriculture in the region.

When Lake Cahuilla began to fill after about 1,070 BP, it has been suggested groups from the Colorado River area moved west and brought Patayan II pottery and Desert Side -notched points into northern Coachella Valley. Additionally, San Luis Rey groups coming from coastal and interior southern California Indian Wells General Plan Update PDEIR

4.5-2 November 2024

Page 302 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
introduced Cottonwood points which created a blend of Patayan II and Palomar traits to form the Peninsular I cultural assemblage.

Peninsular Phase:

Peninsular I phase (900-800 BP), Peninsular II phase (ca. 750-300 BP), Peninsular III phase (200- 160 BP)
The Peninsular I phase settlement systems consisted of generally permanent Lakeshore villages that exploited lacustrine resources and created special use sites in various ecozones to exploit terrestrial resources. An excavation at Myoma Dunes contained both Desert Side -notched and Cottonwood Triangular points, LCB pottery, shell beads from both the Pacific and Gulf of California coasts, and considerable evidence of the use of lacustrine resources from shell and coprolites. Additionally, a cultural site located within the Project area and three miles from the last high shoreline of Lake Cahuilla consisted of a cremation, a complete Cottonwood Triangular point, chipped stone, fire affected clay, fire -affected rocks, fish bones, and mammal bones
Peninsular II phase is defined by the appearance of Tizon Brown pottery, a new funerary complex, stone fish traps that were built as lake levels began to fluctuate and begin to decline, and an adoption of a new settlement system. Many of these traits can be seen along the Lake Cahuilla high stand shoreline near La Quinta. Stone and ceramic straight pipes, no ceramic figurines, a roughly even mixture of Tizon Brown and Salton Buff (Patayan II) pottery, cremations in "containers", very little obsidian (largely from unidentified sources), Olivella dama beads, and both lacustrine and terrestrial fauna were found in the Coachella Valley as well.

The start of the Peninsular II I phase begins with the disappearance of Lake Cahuilla around 300 BP which causes an abrupt change in settlement and subsistence systems, material culture, mortuary practices, and rock art. Paddle -shaped type ceramic figurines found at Tahquitz Canyon mark the beginning of a style specific to the ethnographic Cahuilla and Luiseno known as the "Northern Tradition". Principal settlements began to relocate away from the former Lakeshore to near springs along the fringes of the northern Peninsular Ranges or wells on the desert floor. Additionally, special use sites were in upland and desert ecozones and no longer on the Lakeshore, a similar system implemented by the ethnographic Cahuilla. The Tahquitz Canyon site began as a small Peninsular II upland special purpose site, but when Lake Cahuilla disappeared, the principal settlement population moved from the shorelines and established a Peninsular II I settlement that evolved into an ethnohistoric Cahuilla village.

Ethnographic Period
The Planning Area is located within the boundaries of the Cahuilla ancestral territory. The Cahuilla Indians are commonly divided by anthropologists into three groups: the Pass Cahuilla of the San Gorgonio Pass -Palm Springs area, the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains Indian Wells General Plan Update PDEIR

4.5-3 November 2024

Page 303 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
and the Cahuilla Valley, and the Desert Cahuilla of the eastern Coachella Valley. Generally, their territory included the southeast side of the San Bernardino Mountains in the north to the northern Chocolate Mountains and Borrego Springs in the south, and from the Colorado Desert in the east to the northeastern slopes of Palomar Mountain in the west. The Cahuilla spoke a dialect of the Cupan group of the Takic language family. Shoshonean speakers (a subgroup of the greater Uto-Aztecan family languages) migrated sometime between 3,000 BP - 1500 BP from the Great Basin region of Nevada, Utah, and eastern California into southern California. This family of languages included what was to become the late -prehistoric Takic language of Cahuilla, the principal linguistic group of the Coachella Valley.

Each clan of Cahuilla lived in villages that were independent, politically autonomous from other villages.

Numerous lineages were part of a clan, each of which had their own communal area owned within the larger clan area. Additionally, both lineages and individuals in those lineages had ownership rights to various food collecting, mineral collecting, hunting, fishing, and sacred area locations. The Cahuilla often lived in canyons or near drainages on alluvial fans and were arranged so that each lineage or community was placed in an area near significant water and food resources. Important sources of food were acorns, pinyon nuts, mesquite, legumes, agave, wild fruits and berries, tubers, cactus bulbs, roots and greens, deer, antelope, big horn sheep, rabbits, and wood rats. Typically, Cahuilla women gathered, and men hunted, although work tasks often overlapped in a highly developed, seasonal mobility system. They adapted to the arid conditions of the desert floor, the lacustral cycles of Holocene Lake Cahuilla, and the environments of the nearby mountains. The lake provided an abundance of freshwater resources, particularly during its high stands. However, when it desiccated, the Cahuilla relied upon terrestrial resources and trade for subsistence. The Cahuilla were also part of the Northern Sonoran Desert Amity Enmity System shared with the Serrano to the north and the Gabrielino to the northwest. This large- scale alliance helped the tribes in various socioeconomic activities such as trade, marriage, shared rituals, and war.

Historic Period
In California, the historic era is generally divided into three periods: the Spanish or Mission Period (1769 to 1821), the Mexican or Rancho Period (1821 to 1848), and the American Period (1848 to present). The first Europeans in California were the Spanish. In 1542 Juan Rodriguez Cabrillo entered what would become known as San Diego Harbor where he met a group of Kumeyaay Indians while on shore. Over the next few hundred years there were several maritime excursions along the California coast, but it would be more than 225 years until the Spanish established a permanent settlement. To protect its interests, Spain sent four excursions into California, two by land and two by sea. The entire expedition was led by Captain Gaspar de Portola, military commander of California. Portola came through the Los Angeles basin area in 1769 while travelling from San Diego to Monterey. To fulfill some of the religious goals of the expedition Father Junipero Serra was sent to California to establish a system of Catholic Indian Wells General Plan Update PDEIR

4.5-4 November 2024

Page 304 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
Missions. It was not until two years later, on September 8, 1771 that Mission San Gabriel Arcangel was established by Fathers Pedro Cambon and Angel Somera. Ten years later, on September 4, 1781, Los Angeles was founded. Early settlers farmed and they built a system of zanjas, or irrigation ditches, to transport water from the Los Angeles River to plots of land. With Mexican Independence in 1821, Los Angeles and California experienced great economic independence and growth.

Very little is presently known about the history of the Coachella Valley prior to 1820. However, in 1821, a party of Cocomaricopa Indians arrived at the San Gabriel Mission, announcing they had traveled from the Colorado River in only six days using the Cocomaricopa trail. In 1825, Jose Maria Romero along with Jose Maria Estudillo, and Romualdo Pacheco departed from present day Los Angeles and headed east through the San Gorgonio Pass across the Coachella Valley to Blythe in search of the Cocomaricopa Trail leading to Yuma. Shortly after the expedition, another route to the south was discovered going from Yuma to San Diego which became known as the "Southern Route". The "Southern Route" was later used extensively by immigrants and prospectors during the California Gold Rush of the Tate 1840s and early 1850s. The route became so popular that the Butterfield Overland Mail Company began operating a semi-weekly stage service in 1858. However, by 1862, the discovery of gold near the town of Blythe produced a demand for a direct route eastward from California to Arizona. In that same year, William David Bradshaw met that demand and reached the Colorado river northeast of Blythe with the help of a hand drawn map from Cahuilla Chief, Cabazon. The trail was then called the Bradshaw trail and served as the means of communication and main thoroughfare between southern California and Texas until the completion of the Southern Pacific Railroad in 1883.

By the late nineteenth and early twentieth century, non -Indian settlements began to emerge in many areas of what is now Riverside County, encouraged by two federal acts. The Homestead Act of 1862 established a three -fold homestead acquisition process for U.S. citizens or foreign immigrants intending citizenship: filing an application, improving the land measuring 160 acres, and filing for deed of title.

Secondly the Desert Land Act of 1877 encouraged and promoted the economic development of the arid and semiarid public lands of the western United States as married couples could apply for a desert -land entry to reclaim, irrigate, and cultivate 640 acres of land. Within the context of these acts, settlement in present day City of Indian Wells began as a drinking stop by many who made their journey through the Bradshaw trail and those who came later via the Southern Pacific Railroad in the 1880s.

Early prominent settlers such as Melvin Harmon and William Hayhurst along with others homesteaded in what is today the City of Indian Wells and opened the first market and post office by 1915. Until the passage of the Taylor Grazing Act of 1934, however, no control was exercised over the California desert lands. Because of the extreme aridity of the California deserts and subsequent lack of grazing land, this Act had virtually no practical impact on the region until the Bureau of Land Management (BLM) assumed control of range lands in 1946. Since that time, the BLM also has been engaged in evaluating lands for various "uses," and classifying them for different types of management.

Indian Wells General Plan Update PDEIR

4.5-5 November 2024

Page 305 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
The paucity of water in many areas of the Colorado Desert discouraged farming, and subsequently agricultural development flourished only when water was imported in significant quantities. However, because of the relatively high-water table in the Coachella Valley, the agricultural industry began to develop prior to the importation of water by means of drilling artesian wells. The use of these wells for grape, date and fig cultivation led to dropping groundwater levels despite plans to export Coachella Valley groundwater to Imperial Valley. These factors led local farmers to create the Coachella Valley County Water District in 1918. Following passage of the Boulder Canyon Project Act of 1928, the AII- American Canal and Coachella Valley Extension were developed to harness the waters of the Colorado River for the development of agriculture in Imperial and Coachella Valleys. Branching off from the AII- American Canal, the Old Coachella Canal extends 199 km (123.5 mi) north to the northern Coachella Valley, bringing the first imported irrigation water to the valley in 1949.

Fueled by the abundance of water from the various federal water canals, by the mid twentieth century a considerable growth in recreational development and a boom of country club living and resort hotels began to appear. The City of Indian Wells was incorporated in July of 1967. The first mayor of the City of Indian Wells, E.M. "Pete" Peterson established the first property owner's association and solidified the City of Indian Wells as a unique desert destination.

Existing Historic and Prehistoric Resources
The Eastern Information Center (EIC), located at the University of California, Riverside, is the designated repository of the California Historical Resources Information System (CHRIS), for records concerning archaeological and historical resources and associated studies in Riverside County. The EIC provides archaeological and historical resources information on a fee -for -service basis, to local governments and individuals with responsibilities under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the California Environmental Quality Act (CEQA).

Records from the EIC indicate that there are 72 confidential cultural resources mapped within the City, which are summarized in Table 4.5-1 below. The resources include 38 prehistoric archaeological sites, 18 prehistoric isolates, three (3) multicomponent sites, seven (7) historic archaeological sites, one (1) historic isolate, and five (5) historic built environment resources. Of the five (5) historic built environment resources listed within the Built Environment Resource Directory, three (3) were determined potentially eligible for inclusion on the National Register of Historic Places but are no longer extant.

Indian Wells General Plan Update PDEIR

4.5-6 November 2024

Page 306 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
Table 4.5-1 Previously Recorded Cultural Resources
Resource Type
Quantity
Prehistoric Site
38 Prehistoric Isolate
18 Multi -Component Site
3 Multi -Component Isolate
0 Historic Built Environment
5 Historic Resource
7 Historic Isolate
1 TOTAL
72 A total of seven historic archaeological sites, one historic isolate, and five historic built environment resources are within the City. The two most abundant type of historic site or site component are refuse deposits and standing structures. The two types of historic built environment resources are single-family properties and farms or ranches. According to the EIC records, three of the five historic built environment resources within the City are P33-007517, P33007522 and P33-007523 are listed as potentially eligible for inclusion in the NHRP.

P33-007517 is the Cavanagh adobe, a single-family farm recorded by Carpenter (1982a). It is described as a two-story adobe situated in a date garden. This house is rectangular in plan with the massive fireplace a prominent feature of the exterior design. The entrance porch and a portion of the first -floor roof (once used for & sleeping deck in summer) were later enclosed to make additional rooms. The shed roof of hand -made tile distinguishes this Mediterranean/Spanish Revival structure of adobe brick made on the premises. Sturdy lintels of 8" timbers support the small, well-proportioned windows in 18" thick walls. The Cavanagh adobe is significant because it is one of the oldest buildings in the Coachella Valley's Cove area built between 1922 to 1928. The 20 acre -land on which the Cavanagh adobe sits was purchased from Caleb Cook, Coachella Valley's date industry pioneer, who encouraged the Cavanagh brothers to become successful date ranchers themselves. The building is extant, in excellent condition and is eligible under NRHP criteria A and C.

P33-007522 is assigned to the Ripple's Date Garden recorded by Carpenter (1982b). It is described as a one-story commercial building is of Spanish Revival design. A long porch supported by huge posts with a tiled canopy is the outstanding feature of this roadside shop on State Route 111. A portion of the main building, once used as a residence, has a gable roof. The Ripple's Date Garden was built in 1933 and significant because it represented the importance of the date industry to Coachella Valley's growth. The building is no longer extant as it was destroyed with the development of luxury residential properties.

P33-007523 records a mansion historically known as Billikie Ranch as recorded by Bowie & Carpenter (1982). The resource is an imposing two-story structure in Mediterranean/Spanish Revival style, this stucco mansion has a gabled entrance with massive wrought iron gates with intricate leaf design. The roof, a combination of hip and shed, is of tile made in the La Quinta area. A separate garage is connected Indian Wells General Plan Update PDEIR

4.5-7 November 2024

Page 307 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
with the main house by an 8 -foot wall which extends around the building and unifies the compound.

Billikie Ranch was a significant cultural resource because it was owned by J.E. "Doc" and Ruth A. Gurley, a prominent pioneering family in the Coachella Valley. It was also the most admired home in the area because of the complete unity of the site with the buildings. The prominent hill is simply landscaped with an expansive grass lawn, shrubs, and a few trees. Additionally, Billikie, a prominent builder in the region, constructed the Gurley's mansion in 1931. The building is no longer extant as it was destroyed with the development of luxury residential properties.

A reconnaissance -level overview of the City was conducted by DUKE CRM on December 22, 2020.

Reconnaissance survey consisted of visiting previously recorded prehistoric and historic archaeological sites and built environment resources. Revisits to site and resource locations were cursorial in effort.

The goal was to determine if the resource was present and if the surrounding area of the resource has been disturbed. A total of 72 cultural resources have been previously recorded within the City. Of these, 21 sites were accessible in the field. Of these, four (4) sites were relocated. The remainder of the sites could not be relocated due to development projects or were not within the public right of way and located on inaccessible private property.

The reconnaissance -level survey of the City revealed that land use within the City is predominantly modern -age residential and luxury country club development. The foothills of the City consist of a mix of modern residential, luxury golf and country clubs, and modern commercial buildings. The Santa Rosa and San Jacinto Mountains surround the City of Indian Wells and are primarily undeveloped.

Currently, multiple construction projects are underway in the City. The general character within the City consists of modern, nonhistorical era buildings, less than 50 years old. Many of the residential homes within the City have a Spanish Colonial Revival or modern Mid -Century style.

Most prehistoric archaeological sites and isolates are located along the foothills and toes of the slopes of Eisenhower Mountain and along the Coachella Valley Stormwater Channel. Of these, most sites and isolates are or include ceramic artifacts. Additionally, flaked stone artifacts and bedrock milling features are the next most frequent type of prehistoric resource or component of resources in the City. The next most frequent type of prehistoric resource or component of resources is habitation debris and trails/linear earthworks. The various other types of resources are all approximately 10% or less.

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

4.5-8 November 2024

Page 308 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
prehistoric sensitivity within the City is located in Hidden Valley, in the southwest corner, in the foothills west of Eisenhower Mountain. Although the area has gone through a large-scale country club development known as the "Reserve", there is a potential for buried deposits from the concentration of 31 prehistoric sites and isolates in the vicinity. Historic sensitivity within the City is along the SR -111 corridor where historic sites and historic built environment resources are focused. The Bradshaw trail, where SR -111 is now, was used extensively during the 1860s and could potentially yield resources during highway improvements.

4.5.3 Regulatory Setting
Federal
National Historic Preservation Act of 1966
The National Historic Preservation Act (NHPA) (54 USC 300101 et seq.) instituted a multifaceted program, administered by the Secretary of the Interior, to encourage sound preservation policies of the nation's cultural resources at the federal, State, and local levels. The NHPA authorized the expansion and maintenance of the National Register of Historic Places (NRHP), established the position of State Historic Preservation Officer, and provided for the designation of State Review Boards. The NHPA also set up a mechanism to certify local governments to carry out the goals of the NHPA and created the Advisory Council on Historic Preservation (ACHP).

Section 106 of the NHPA (54 USC 306108) states that federal agencies with direct or indirect jurisdiction over federally funded, assisted, or licensed undertakings must take into account the effect of the undertaking on any historic property that is included in or eligible in the NRHP. After an undertaking is identified, federal agency stakeholders must consult by notifying the appropriate consulting parties.

Consultation is between the federal agency, the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO), and other consulting parties. including but not limited to the ACHP, certified local governments, and members of the general public with an economic, social or cultural interest in the project.

National Register of Historic Places
The National Register of Historic Places (NRHP) was established by the NHPA in 1966 as "an authoritative guide to be used by federal, state, and local governments, private groups and citizens to identify the Nation's cultural resources and to indicate what properties should be considered for protection from destruction or impairment" (36 CFR part 60.2). The NRHP recognizes properties that are significant at the national, state, and local levels. To be eligible for listing in the NRHP, a resource must be significant in American history, architecture, archaeology, engineering, or culture. Districts, sites, buildings, structures, and objects of potential significance must also possess integrity of location, design, setting, materials, workmanship, feeling, and association.

Indian Wells General Plan Update PDEIR

4.5-9 November 2024

Page 309 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
A property is eligible for the NRHP if it is significant under one or more of the following criteria:
• Criterion A: It is associated with events that have made a significant contribution to the broad patterns of our history.
• Criterion B: It is associated with the lives of persons who are significant in our past. • Criterion C: It embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. • Criterion D: It has yielded, or may be likely to yield, information important to prehistory or history. Ordinarily cemeteries, birthplaces, or graves of historic figures; properties owned by religious institutions or used for religious purposes; structures that have been moved from their original locations; reconstructed historic buildings; and properties that are primarily commemorative in nature are not considered eligible for the NRHP unless they satisfy certain conditions. In general, a resource must be 50 years of age to be considered for the NRHP unless it satisfies a standard of exceptional importance.

State
California Register of Historical Resources
Created in 1992 and implemented in 1998, the California Register of Historical Resources (CRHR) is "an authoritative guide in California to be used by state and local agencies, private groups, and citizens to identify the state's historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change" Public Resources Code (PRC) (Sections 21083.2 and 21084.1). Certain properties, including those listed in or formally determined eligible for listing in the NRHP and California Historical Landmarks numbered 770 and higher, are automatically included in the CRHR. Other properties recognized under the California Points of Historical Interest program, identified as significant in historical surveys, or designated by local landmark programs, may be nominated for inclusion in the CRHR. According to PRC Section 5024.1 (c), a resource, either an individual property or a contributor to a historic district, may be listed in the CRHR if the State Historical Resources Commission determines that it meets one or more of the following criteria, which are modeled on NRHP criteria:
• Criterion 1: It is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage. • Criterion 2: It is associated with the lives of persons important in our past. • Criterion 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.

Indian Wells General Plan Update PDEIR

4.5-10 November 2024

Page 310 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
• Criterion 4: It has yielded, or may be likely to yield, information important in history or prehistory.

California Environmental Quality Act
CEQA requires lead agencies to determine if a project would have a significant effect in the environment, including significant effects on historical or archaeological resources. Under PRC Section 21084.1, a project that may cause a substantial adverse change to the significance of a historical resource is a project that may have a significant effect on the environment. CEQA guidelines recognize that historical resources include:
• A resource listed in, or determined to be eligible by the State Historical Resources Commission for listing in, the CRHR;
• A resource included in a local register of historical resources, as defined in PRC Section 5020.1(k), or identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); and
• Any object, building, structure, site, area, place, record, or manuscript that a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.

If a lead agency determines that an archaeological site is a historical resource, then the resource under CEQA must be protected. If a project may cause a substantial adverse change to the resource and avoidance is not feasible, the lead agency must identify potentially feasible measures to lessen the impact to less than significant levels.

If an archaeological site does not meet the historical resource criteria contained in the State CEQA Guidelines, and it is not deemed a unique archaeological resource in accordance with PRC § 21083.2 and CEQA Guidelines § 15064.5, no further action would be required.

California Health and Safety Code
The California Native American Graves Protection and Repatriation Act of 2001 is intended to provide a seamless and consistent state policy to ensure that all California Indian human remains, and cultural items be treated with dignity and respect. The intent of the legislature shall also do the following:
• Apply the state's repatriation policy consistently with the provisions of the Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), which was enacted in 1990. • Facilitate the implementation of the provisions of the federal Native American Graves Protection and Repatriation Act with respect to publicly funded agencies and museums in California. • Encourage voluntary disclosure and return of remains and cultural items by an agency or museum.

Indian Wells General Plan Update PDEIR

4.5-11 November 2024

Page 311 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
• Provide a mechanism whereby lineal descendants and culturally affiliated California Indian tribes that file repatriation claims for human remains and cultural items under the Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.) or under this chapter with California state agencies and museums may request assistance from the commission in ensuring that state agencies and museums are responding to those claims in a timely manner and in facilitating the resolution of disputes regarding those claims. • Provide a mechanism whereby California tribes that are not federally recognized may file claims with agencies and museums for repatriation of human remains and cultural items.

Senate Bill 18
As of March 1, 2005, California Government Codes 65092; 65351; 65352; 65352.3; 65352.4; 65352.5; and 65560, formerly known as Senate Bill 18 (SB 18), requires that cities and counties contact and consult with Native American tribes prior to amending or adopting any general plan or specific plan, or designating lands as open space. The purpose of SB 18 is to involve Native Americans at the onset of the planning process to allow for considerations concerning the protection of traditional tribal cultural places in the context of broad local land use policy prior to individual site -specific, project level land use decisions. Tribes have 90 days from the date on which they receive notification to request consultation unless a shorter time has been agreed to by the tribe. At least 45 days before a local government adopts or amends a general plan or specific plan, the local government must refer the proposed action to any Native American tribes identified by NAHC, for review and comment.

California Assembly Bill 52 (AB 52)
In addition to Native American Consultation that occurs as part of the Cultural Resource Assessment, AB 52, which went into effect on July 1, 2015, requires a lead agency to consider a project's impacts on Tribal Cultural Resources ("TCR"). TCR as defined in Public Resources Code § 21074 are as follows:
(a) "Tribal cultural resources" are either of the following:
(1) Sites, features, places cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
(A) Included or determined to be eligible for inclusion in the California Register of Historical Resources.
(B) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1.
(2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision of Section 5024.1.

In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of Indian Wells General Plan Update PDEIR

4.5-12 November 2024

Page 312 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe.
(b) A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.
(c) A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a "nonunique archaeological resource" as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a).

Section 1 (a)(9) of AB 52 establishes that "a substantial adverse change to a tribal cultural resource has a significant effect on the environment." Effects on tribal cultural resources should be considered under CEQA. Section 6 of AB 52 adds Section 21080.3.2 to the PRC, which states that parties may propose mitigation measures "capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource." Further, if a California Native American tribe requests consultation regarding project alternatives, mitigation measures, or significant effects to tribal cultural resources, the consultation shall include those topics (PRC Section 21080.3.2[a]). The environmental document and the mitigation monitoring and reporting program (where applicable) shall include any mitigation measures that are adopted (PRC Section 21082.3[a]).

Under AB 52, the CEQA Lead Agency is required to begin consultation with a California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the proposed project. Tribal consultation can be initiated once a project application is deemed complete. Once the Lead Agency has contacted necessary tribal governments, tribes have 30 days to respond to comments or request for consultation. "Consultation" is the meaningful and timely process of seeking, discussing, and carefully considering the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between government agencies and Native American tribes must be conducted in a way that is mutually respectful of each party's sovereignty. Consultation must also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural significance. Consultation concludes when either: the parties agree on measures to mitigate or avoid significant impacts to TCRs or a party, in good faith and after reasonable effort, concludes that a mutual agreement cannot be reached.

Regional and Local
City of Indian Wells Municipal Code
Chapter 16.26 — Adoption of California Historical Building Code (CHBC) Indian Wells General Plan Update PDEIR

4.5-13 November 2024

Page 313 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
The California Historical Building Code, Title 24, Part 8, 2022 Edition and appendices thereof, as approved by the California Building Standards Commission, prescribing regulations for the preservation, restoration, rehabilitation, relocation, or reconstruction of buildings or properties designated as qualified historical buildings or properties within the City, are adopted by reference as the historical building code of the City. With a few exceptions, these are buildings or properties over 50 years in age.

The CHBC is intended to save California's architectural heritage by recognizing the unique construction issues inherent in maintaining and adaptively reusing historic buildings.

Chapter 18.06 — Archeological Resources Grading Standards This chapter contains grading regulations relating to archeological, paleontological, and historical sites within the City of Indian Wells. Section 18.06.020, Known Sites, describes that permits to preform grading at or near known archaeological, paleontological, or similar sites of historical significance may be conditioned in such a manner as to: (a) Ensure the preservation of the site; (b) Minimize adverse impacts on the site; (c) Allow reasonable time for qualified professionals to perform archaeological investigations at the site; or (d) Preserve for posterity, in such other manner as may be necessary or appropriate in the public interest, the positive aspects of the cultural or historical site involved.

Section 18.06.030, Unknown Sites, requires where a grading (or encroachment permit) has been issued with respect to an area not known at the time of issuance to include an archaeological, paleontological, or historical site, where it is subsequently learned, either by representatives of the City or by any person doing grading pursuant to a grading permit, that an archaeological, paleontological, or historical site may be encompassed within the area to be graded or being graded, all grading shall cease, and the grading permit shall be deemed suspended. Details on reporting and conditions for specific permits can be found in Chapter 18.06
Chapter 26.16.100 — Mills Act
The City of Indian Wells authorized the creation of a Mills Act Program in 2015 (22.16.100 Preservation incentive(s)) for the preservation of historically significant properties. The Mills Act of 1972 is an economic incentive program by the State of California to encourage private property owners to restore and preserve qualified historic buildings. Local governments (Counties and Municipalities) can choose to implement and administer contracts with property owners to provide tax abatement, establish their own criteria for qualified historic buildings, and determine how many contracts they will allow in their jurisdiction. California State Codes relating to the Mills Act include the California Government Code, Article 12, Sections 50280 - 50290 and the California Revenue and Taxation Code, Article 1.9, Sections 439 — 439.4.

The Mills Act is a formal agreement executed between the City of Indian Wells and the property owner for a revolving, automatic ten-year term. Owners of qualified historic properties may apply for the program if they pledge to rehabilitate and maintain the historical and architectural character of their Indian Wells General Plan Update PDEIR

4.5-14 November 2024

Page 314 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
properties for the perpetual ten-year term of the contract. A qualified historic property in the City is a property listed on the NRHP, the CRHR, or the California Historical Landmarks (CHL).

Contracts are renewed each year so that the term of the contract can extend for ten years automatically.

Under this contract, property owners agree to restore, maintain, and protect the property in accordance with specific historic preservation standards and other conditions identified in the contract. Inspections by City officials every five years ensure proper upkeep of the property to the standards included in the contract. Either the property owner or the City may elect not to renew for any reason. The effect of non - renewal is to terminate the contract at the end of the current ten-year plan. The owner may also petition the City to initiate an immediate cancellation. If cancelled, a penalty is imposed. The City may also cancel the contract, but only in the case of breach of the contract conditions. The contract is transferred to new owners if the property is sold and is binding to all successive owners.

Participation in the Mills Act is a benefit to qualified property owners, especially for recent buyers of historic properties but also for current owners of historic buildings who have made major improvements to their properties. An income approach to value rather than by the standard market approach determines the appraised value. The income approach, divided by a capitalization rate, determines the assessed value of the property. In general, the income potential for an owner -occupied residential property is calculated by examining comparable rents for similar properties in the area, while the income amount on a commercial property is based on actual rent received. Because rental values vary from area to area, actual property savings may vary. In addition, as counties are required to assess all property annually, Mills Act properties may realize slight increases in property taxes each year.

Chapter 22.16 — Cultural Resource
Cultural Resources Preservation (Chapter 22.16) of the Indian Wells Municipal Code has been implemented to establish a mechanism by which community resources such as buildings, structures and sites within the City of Indian Wells may be identified, protected, enhanced and perpetuated to promote public awareness, education and enjoyment of historic resources within the City of Indian Wells. The provisions of the cultural resource preservation ordinance are applicable to any cultural and archeological resource, archeological district or historic structure within the City boundaries.

4.5.4 Project Impact Analysis
Thresholds of Significance
The thresholds used to evaluate potential impacts to cultural resources are derived from Appendix G of the CEQA Guidelines. The significance determination is based on the recommended criteria set forth in Section 15064.5 of the CEQA Guidelines. For analysis purposes, development of the proposed project would have a significant effect on cultural resources if it is determined that the project would:

Indian Wells General Plan Update PDEIR

4.5-15 November 2024

Page 315 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
a. Cause a substantial adverse change in the significance of a historical resource pursuant to 15064.5?
b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5?
c. Disturb any human remains, including those interred outside of formal cemeteries.

Additionally, a significant impact related to tribal cultural resources would occur if the project would:
d. Cause a substantial adverse change in the significance of a Tribal cultural resource defined in PRC Section 21074 as either as site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, scared place, or object with cultural value to a California Native American Tribe and that is:
i. Listed or eligible for listing in the CHHR, or in local register of historical resources as defined in PRC Section 5020.1 (k), or
ii. A resource determined by a Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1. In applying the criteria set forth in subdivision (c) of PRC Section 5024.1, the lead agency shall consider the significance of the resource toa California Native American.

Methodology
A cultural resources assessment was prepared for the project to review and summarize available information regarding known archaeological and historical resources within the City (Appendix D). The focus and purpose of this report are to support the Indian Wells GPU and, therefore, are broad and programmatic in scope. Baseline paleontological, archaeological, and historical data was compiled from record searches at various research facilities and online. Multiple survey methods, including desktop and reconnaissance, were employed over the large area of the City. The reconnaissance field survey was limited due to the lack of access to archaeological and historic resources on private property. a. Cause a substantial adverse change in the significance of a historical resource pursuant to 15064.5?
Impact Analysis
The GPU will accommodate future growth in Indian Wells, including new businesses, expansion of existing businesses, and new residential uses. The buildout analysis utilizes a 20 -year horizon, and for analysis purposes 2045 is assumed to be the buildout year of the General Plan. Buildout of the proposed General Plan would result in 5,455 single family units and 816 multifamily units, for a total of 6,271 residential units (consistent with the Current General Plan); 5,159,667 square feet of nonresidential space (27,563 more square feet than the Current General Plan); and 6,310 jobs (93 more jobs than the Current General Plan).

Indian Wells General Plan Update PDEIR

4.5-16 November 2024

Page 316 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
Analysis of EIC and other databases of previously recorded resources within the GPU indicate five historic built environment resources are currently identified within the City. None are listed on the NRHP or CRHR. Three built environment resources were previously determined eligible for the NRHP. Of these, two buildings are no longer extant and one is still intact. The remaining two previously recorded built environment resources were determined not eligible for the NRHP or the CRHR.

While the GPU does not propose any site -specific plans that would affect an identified historical resource, future developments may have the potential to impact a historic resource at the project level.

As future development and infrastructure projects are considered by the City, each project will be evaluated for conformance with the City's General Plan, Municipal Code, and other applicable State and Local regulations. Subsequent development and infrastructure projects would also be analyzed for potential environmental impacts, consistent with the requirements of CEQA and mitigation may be required as future projects are planned. The City's Resource Management Element of the GPU includes Policy RM-4.1, RM-4.3, RM-4.4 and Actions RM-4a, RM-4b, RM-4c, RM-4e, RM-4j, and RM-4k that would ensure that impacts to historic resources are taken into consideration and reduced or minimized in conjunction with future development.

Therefore, potential impacts to historical resources associated with growth forecast under the GPU would be less than significant because all future projects will abide by State and local regulations, and the City policies and actions listed below.

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

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

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

RM-4.4 Funding. Identify funding programs to assist private property owners in the preservation of historic resources.

Actions
Indian Wells General Plan Update PDEIR

4.5-17 November 2024

Page 317 of 1361 ends

Council Agenda- February 13, 2025

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

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

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

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

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

RM-4f In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall halt excavation or disturbance of Indian Wells General Plan Update PDEIR

4.5-18 November 2024

Page 318 of 1361 ends

Council Agenda- February 13, 2025

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

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

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

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

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

Conduct a historic properties inventory that takes into consideration buildings, neighborhoods, tribal cultural resources, eligible properties and other features of historic, architectural, or cultural significance and pursue official designation as warranted.
b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Indian Wells General Plan Update PDEIR

4.5-19 November 2024

Page 319 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
Future development consistent with the GPU could result in the impact of archeological resources.

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

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

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

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

Section 5097.5 of the California Public Resources Code also prohibits the removal, destruction, or defacement of archaeological resources on public lands without express permission by the jurisdiction (State of California 2015). As future projects are planned, they must adhere to GPU policies such as RM-

4.1 discussed above and GPU Actions RM-4a, RM-4c, RM-4e and all applicable regulations to ensure that impacts to archaeological resources are considered as future development is proposed.

Potential impacts to archaeological resources associated with growth forecast under the GPU would be less than significant.

General Plan Policies and Actions
Policies
RM-4.1 As outlined above in discussion a.

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

4.5-20 November 2024

Page 320 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
or require mitigation measures to mitigate the impacts. Mitigation may involve archaeological investigation and resources recovery.

RM-4e
The City shall make provisions for historic archeological resources accidentally discovered during construction for projects where the City has approval authority over the project. These provisions shall include an immediate evaluation of the find and contingency funding and time allotment sufficient to allow for the recovery of the historic archeological resource or implement measures to avoid disturbing the resource if the historic archeological resource is determined to be unique.
c. Would the project disturb any human remains, including those interred outside of dedicated cemeteries?
Future development associated with the GPU could disturb native soils and therefore could have the potential to encounter human remains. Therefore, all development in the City must comply with applicable laws related to the discovery of human remains. Including but not limited to the California Health and Safety Code Section 7050.5, which states that in the event of discovery of any human remains on the project site, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains.

If the coroner determines the remains to be Native American or has reason to believe that they are those of Native American, the coroner shall contact the NAHC within 24 -hours, and the NAHC will be responsible for identifying the Most Likely Descendant (MLD) and contacting them for ongoing consultation and resolution. The project will be subject to these requirements during all construction and excavation activities. Compliance with the California Health and Safety Code and GPU Action RM-4f of the GPU Resource Management Element will ensure that should there be a discovery of any human remains during project construction activities, impacts would be reduced to less than significant levels.

General Plan Policies and Actions
Actions
RM-4f In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall halt excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner has been informed and has determined that no investigation of the cause of death is required. If the remains are of Native American origin, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the descendants from the deceased Native Americans have made a recommendation to the landowner or the persons responsible for the excavation work, regarding appropriate means of treating Indian Wells General Plan Update PDEIR

4.5-21 November 2024

Page 321 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
the ancestral remains, with appropriate dignity, including the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being granted access to the site.
d. Would the project cause a substantial adverse change in the significance of a Tribal cultural resource, defined in PRC Section 21074 as either a site, features, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is:
i. Listed or eligible for listing in the CHHR, or in local register of historical resources as defined in PRC Section 5020.1 (k), or
ii. A resource determined by a Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1. In applying the criteria set forth in subdivision (c) of PRC Section 5024.1, the lead agency shall consider the significance of the resource toa California Native American.

The GPU will facilitate future growth in Indian Wells, including new businesses, expansion of existing businesses, and new residential uses. The buildout analysis of the 20 -year horizon, and 2045 buildout will result in a total of 6,271 residential units, which is consistent with the Current General Plan; additional square feet of nonresidential space; and 6,310 jobs.

While much of the City has been developed, there is potential for encountering buried resources associated with Native American Tribes. The potential for intact cultural deposits at certain depths is probable at locations deemed sensitive or in proximity to known recorded archaeological resources. All prehistoric archaeological sites and isolates are Tribal Cultural Resources (TCR); however, plants and other natural resources, as well as geographic locations can also be a TCR. Unless already documented, TCRs can only be identified by Tribal representatives or persons working on their behalf.

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

4.5-22 November 2024

Page 322 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
RM-4k outlined below. Adherence to the State, tribe, and local regulations in conjunction with the GPU policies would ensure impacts to TCRs would be reduced to less than significant levels.

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

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

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

In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall halt excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner has been informed and has determined that no investigation of the cause of death is required. If the remains are of Native American origin, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the descendants from the deceased Native Americans have made a Indian Wells General Plan Update PDEIR

4.5-23 November 2024

Page 323 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
recommendation to the landowner or the persons responsible for the excavation work, regarding appropriate means of treating the ancestral remains, with appropriate dignity, including the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being granted access to the site.

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

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

Therefore, with adherence to policies as identified in this section, all new development within the proposed project is expected to be less than significant.

Indian Wells General Plan Update PDEIR

4.5-24 November 2024

Page 324 of 1361 ends

Council Agenda- February 13, 2025

4.5 CULTURAL AND TRIBAL CULTURAL RESOURCES

4.5.6 Mitigation Measures
To the extent the GPU will result in direct, reasonably foreseeable, significant environmental impacts, the policies and actions listed throughout this section, as proposed by the GPU, will serve as mitigation or to the extent the impacts will be less than significant, as improvement measures as it relates to cultural and tribal cultural resources. Moreover, State and local regulations will also ensure that buildout of the GPU would result in less than significant impacts. Therefore, no additional Mitigation or Improvement Measures are required.

4.5.7 Level of Significance After Mitigation
The Cultural and Tribal Cultural Resources section does not involve significant impacts requiring mitigation.

4.5.8 Resources

1. Indian Wells General Plan, Resource Management Element

2. Indian Wells Municipal Code; https://ecode360.com/IN4940

3. Cultural and Paleontological Resource Study for the General Plan Update conducted by Duke Cultural Resources Management, LLC., 2021.

Indian Wells General Plan Update PDEIR

4.5-25 November 2024

Page 325 of 1361 ends

Council Agenda- February 13, 2025
Page intentionally blank

Page 326 of 1361 ends

Council Agenda- February 13, 2025

PROGRAMMATIC DRAFT ENVIRONMENTAL IMPACT REPORT
Indian Wells General Plan Update

4.6 Energy Resources

4.6.1 Introduction
This section of the Indian Wells GPU PDEIR describes the existing energy resources setting and the possible significant energy impacts resulting from construction and operation of future projects within the City from the implementation of the GPU. Information for this section was obtained in September 2024 from the calculations provided by CaIEEMod Version 2022.1.1 for the GPU. The CaIEEMod calculation is included in Appendix B of this PDEIR. Section 4.3, Air Quality, Section 4.8, Greenhouse Gas Emission, and Section 4.16, Transportation, of this PDEIR provide further discussion regarding the GPU's estimated energy use and infrastructure, as well as their associated environmental impacts. This portion of the PDEIR primarily concentrates on energy consumption via electricity, natural gas, and mobility - related petroleum (gasoline and diesel fuel).

4.6.2 Environmental Setting
Existing Conditions
The City of Indian Wells covers approximately 15 square miles in Riverside County. Energy sources are made available to the City of Indian Wells by private and public agencies. Major energy providers in the Coachella Valley include Southern California Edison (SCE), Imperial Irrigation District (IID), and the Southern California Gas Company (The Gas Company or SoCalGas). Electricity and natural gas are the primary sources of energy in the City of Indian Wells. SCE provides electricity to a majority of the City, while IID provides electricity to approximately 1,810 acres of the southeast portion of the City (primarily undevelopable land). Figure 4.6-1 illustrates the electric service areas and facilities within the City.

Title 24 of the California Administrative Code sets efficiency standards for new construction, regulating energy consumed for heating, cooling, ventilations, water heating, and lighting. These building efficiency standards are enforced through the City's building permit process.

Electricity
As previously stated, SCE provides electricity to a majority of the City. SCE provides electric power to more than 15 million persons in 15 counties and in 180 incorporated cities, within a service area encompassing approximately 50,000 square miles. SCE derives electricity from varied energy resources including fossil fuels, hydroelectric generators, nuclear power plants, geothermal power plants, solar power generation, and wind farms. SCE also purchases from independent power producers and utilities, including out-of-state suppliers.

Indian Wells General Plan Update PDEIR

4.6-1 November 2024

Page 327 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
The California Energy Commission (CEC) is the state's primary energy policy and planning agency and plays a critical role in implementing and creating policies and programs to create a low -carbon economy.

According to the CEC's Energy Consumption Database, SCE's service area consumed 107,876 GWh of electricity in 2022. Commercial uses consumed 42,240 GWh of SCE's electricity, followed by residential uses, which consumed 39,400 GWh, industrial uses consumed 17,353 GWh, and the transportation sector consumed 688 GWh. Electricity usage in SCE's service area for differing land uses varies substantially by the type of uses in a building, type of construction materials used in a building, and the efficiency of all electricity -consuming devices within a building. SCE is regulated by the California Public Utilities Commission (CPUC) and the Federal Energy Regulatory Commission (FERC). SCE receives electric power from a variety of sources. According to the Edison International 2023 Sustainability Report, SCE delivered an estimated 52 percent carbon -free power to customers.

IID is the sixth largest electrical utility in California, serving more than 150,000 customers. The IID energy service territory covers 6,471 square miles, including all of Imperial County along with parts of Riverside and San Diego counties. According to the CEC Energy Consumption Database, approximately 3,733 GWh were consumed in IID's service area in 2022. IID provides residents and businesses in its service area with various assistance and renewable energy programs.

Due to the State's energy efficiency standards and efficiency and conservation programs, California's per capita electricity use had remained stable for more than 30 years, while the national average has steadily increased. The California Independent System Operator (ISO) governs the transmission of electricity from power plants to utilities.

Natural Gas
California accounts for less than 1 percent of total U.S. natural gas reserves and production. California imports 90 percent of its supply of natural gas. Natural gas from out-of-state production basins is delivered into California via the interstate natural gas pipeline system. As with crude oil, California's natural gas production has experienced a gradual decline since 1985. In 2019, about 37 percent of natural gas delivered to consumers went to the state's industrial sector, and about 28 percent was delivered to the electric power sector. Natural gas fueled more than two -fifths of the state's utility -scale electricity generation in 2019. The residential sector, where two-thirds of California households use natural gas for home heating, accounted for 22 percent of natural gas deliveries. The commercial sector received 12 percent of the deliveries to end users and the transportation sector consumed the remaining 1 percent.

According to the Energy Information Administration (EIA), California used approximately 200,871 million therms of natural gas in 2021 (the most recent year for which data is available). In 2021, the industrial sector consumed 33 percent of the State's natural gas, the electric power sector consumed 30 percent, the residential sector consumed 21 percent, the commercial sector consumed 11 percent, the Indian Wells General Plan Update PDEIR

4.6-2 November 2024

Page 328 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
transportation sector consumed 1 percent, and the remaining 3 percent was utilized for operations, processing, and production of natural gas itself.

SoCalGas provides service to about 5.9 million customers. SoCalGas transports natural gas to the Coachella Valley through regional high-pressure lines. Limiting stations transfer the gas to supply lines with reduced pressure, which feeds local accounts. According to the CEC Gas Consumption Database, approximately 5,026.5 million therms was consumed in SoCalGas service area in 2022. High-pressure distribution lines are also located along Highway 111, Cook Street, Washington Street, and Country Club Road.

Petroleum
According to the CEC, transportation accounts for nearly 37 percent of California's total energy consumption. Petroleum -based fuels account for approximately 92 percent of California's transportation energy sources. Technological advances, market trends, consumer behavior, and government policies could result in significant changes to fuel consumption by type and total. Various policies, rules, and regulations have been enacted to improve vehicle fuel efficiency, promote the development and use of alternative fuels, reduce transportation -source air pollutants and Greenhouse Gas (GHG) emissions, and reduce vehicle miles traveled (VMT), at the federal and state levels. Technological advances have made use of other energy resources or alternative transportation modes increasingly feasible, as market forces have driven the price of petroleum products steadily upward.

Highway 111 is a regional route that serves the City of Indian Wells, and connects the City to the surrounding desert cities. Highway 111 extends from its juncture with Interstate -10 (I-10), several miles west of Palm Springs and southeast to Brawley, in the Imperial Valley. Other major transportation roadways within the City includes Fred Waring Drive, Cook Street, Washington Street, and Hovley Lane.

Indian Wells General Plan Update PDEIR

4.6-3 November 2024

Page 329 of 1361 ends

HOVLEY LN
42ND AVE
City of
Palm Desert

FRED WARING DR
HWY 111
a
Council Agenda- Ee}bruary .13,w?425
co i y o ndian e s
General Plan Update
Figure 4.6-1
Electric Facilities
U)
0 F
City of N City of —
Palm Desert g La Quinta

FRED WARING DR

4. MILES
AVE

i E SCE Sub Station Locations
I SCE Electric Distribution Network
I SCE/I ID Electric Service Territory Limits
r
Distr
Legend
City of Indian Wells
Sources: City of Indian Wells,
leo RI"?' Riverside County, USGS, FEMA, USDA
I f I
FT
1,500 3,000 4,500 6,000
GENERAL PLAN 2040
IND N '1004461

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES

4.6.3 Regulatory Setting
Federal
Corporate Average Fuel Economy Standards
First established by the US Congress in 1975, the Corporate Average Fuel Economy (CAFE) Standards reduce energy consumption by increasing the fuel economy of passenger cars and light trucks. The National Highway Traffic Safety Administration (NHTSA) and the US Environmental Protection Agency (USEPA) jointly administer the CAFE standards. The US Congress has specified that CAFE standards must be set at the "maximum feasible level" with consideration given for: (1) technological feasibility; (2) economic practicality; (3) effect of other standards on fuel economy; and (4) need for the nation to conserve energy.

Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission (FERC) is an independent agency that regulates the transmission and sale of electricity, natural gas, and oil in interstate commerce, licensing of hydroelectric projects, and oversight of related environmental matters. The setting and enforcing of interstate transmission sales is also regulated by FERC.

Federal Energy Policy and Conservation Act
In 1975, Congress enacted the Federal Energy Policy and Conservation Act to serve the nation's energy demands and promote feasibly attainable conservation methods. This act established the first fuel economy standards for on -road motor vehicles in the United States. Pursuant to the act, the National Highway Traffic Safety Administration is responsible for establishing additional vehicle standards. In 2012, new fuel economy standards were approved for model year 2017 passenger cars and light trucks at 54.5 miles per gallon. Fuel economy is determined based on each manufacturer's average fuel economy for the fleet of vehicles available for sale in the United States.

Intermodal Surface Transportation Efficiency Act of 1991 The Intermodal Surface Transportation Efficiency Acts of 1991 (ISTEA) promoted the development of intermodal transportation systems to maximize mobility, as well as address national and local interests in air quality and energy. ISTEA contained factors that metropolitan planning organizations were to address in development transportation plans and programs, including some energy -related factors. To meet the new ISTEA requirements, metropolitan planning organizations adopted explicit policies defining the social, economic, energy, and environmental values guiding transportation decisions.

Indian Wells General Plan Update PDEIR

4.6-5 November 2024

Page 331 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
The Transportation Equity Act for the 21St Century
The Transportation Equity Act for the 21St Century (TEA -21) was signed into law in 1998 and builds on the initiatives established in the ISTEA legislation, discussed above. TEA -21 authorizes highway, highway safety, transit, and other efficient surface transportation programs. TEA -21 continues the program structure established for highways and transit under ISTEA, such as flexibility in the use of funds, emphasis on measures to improve the environment, and focus on a strong planning process as the foundation of informed transportation decisions. TEA -21 also provides for investment in research and its application to maximize the performance of the transportation system through, for example, deployment of Intelligent Transportation Systems, to help improve operations and management of transportation systems and vehicle safety.

Energy Policy Act of 2005
The Energy Policy Act of 2005 addresses energy production in the United States, including (1) energy efficiency; (2) renewable energy; (3) oil and gas; (4) coal; (5) tribal energy; (6) nuclear matters and security; (7) vehicles and motor fuels, including ethanol; (8) hydrogen; (9) electricity; (10) energy tax incentives; (11) hydropower and geothermal energy; and (12) climate change technology. The act includes provisions such as increasing the amount of biofuel that must be mixed with gasoline sold in the United States and loan guarantees for entities that develop or use innovative technologies that avoid the by -production of greenhouse gases (GHGs).

Energy Independence and Security Act of 2007
On December 19, 2007, the Energy Independence and Security Act of 2007 (EISA) was signed into law.

In addition to setting increased Corporate Average Fuel Economy standards for motor vehicles, the EISA includes other provisions related to energy efficiency:
• Renewable Fuel Standard (RFS) (Section 202)
• Appliance and Lighting Efficiency Standard (Sections 301-325) • Building energy Efficiency (Sections 411-441)
This federal legislation requires ever-increasing levels of renewable fuels to replace petroleum. The EPA is responsible for developing and implementing regulations to ensure that transportation fuel sold in the United States contains a minimum volume of renewable fuel.

Additional provisions of the EISA addresses energy savings in government and public institutions, promoting research for alternative energy, additional research in carbon capture, international energy programs, and the creation of "green" jobs.

State
Indian Wells General Plan Update PDEIR

4.6-6 November 2024

Page 332 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
California Code of Regulations Title 13, Section 2449(d)(3) and 2485 California Air Resources Board (CARB) is responsible for enforcing California Code of Regulations (CCR) Title 13 Sections 2449(d)(3) and 2485, which limit idling from both on -road and off -road diesel -powered equipment.

California's Energy Efficiency Standards for Residential and Nonresidential Buildings Located in CCR Title 24, Part 6 and commonly referred to as "Title 24", these energy efficiency standards were established in 1978 in response to a legislative mandate to reduce California's energy consumption.

The goal of Title 24 energy standards is the reduction of energy use. The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. In December 2018, the CEC adopted the 2022 Building and Energy Efficiency Standards with the effective date beginning January 1, 2023. Title 24 of the California Administrative Code sets efficiency standards for new construction, regulating energy consumed for heating, cooling, ventilation, water heating, and lighting. These building efficiency standards are enforced through the City's building permit process.

Title 24 also includes Part 11, known as California's Green Building Standards (CALGreen). The CALGreen standard took effect in January 2011 and instituted mandatory minimum environmental performance standards for all ground -up new construction of commercial, low-rise residential, and State-owned buildings, as well as schools and hospitals. The 2022 CALGreen standards became effective on January 1, 2023. Part 11 establishes design and development methods that include environmentally responsible site selection, building design, building siting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties.

Energy Action Plan 11
The CEC, California Power Authority, and California Public Utilities Commission (CPUC) adopted an Energy Action Plan (EAP) to establish goals for California's energy future and a means to achieve these goals. EAP II supports and expands on the commitment of State agencies to cooperate and reflect on the energy actions since original EAP adoption. EAP II includes a coordinated implementation plan for state energy policies that have been articulated through Executive Orders, instructions to agencies, public positions, and appointees' statements; CEC's integrated Energy Policy Report; CPUC and CEC processes; agencies' policy forums; and legislative direction.

Integrated Energy Policy Report
Senate Bill 1389 (Bowen, Chapter 568, Statues of 2002) requires the CEC to prepare a biennial integrated energy policy report that assesses major energy trends and issues facing the State's electricity, natural gas, and transportation fuel sectors and provides policy recommendations to conserve resources; Indian Wells General Plan Update PDEIR

4.6-7 November 2024

Page 333 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
protect the environment; ensure reliable secure, and diverse energy supplies; enhance the State's economy; and protect public health and safety (Public Resources Code Section 25301[a]). The CEC prepares these assessments and associated policy recommendations every two years, with updates in alternate years, as part of the Integrated Energy Policy Report.

The 2022 Integrated Energy Policy Report (IEPR) was adopted February 2023, and continues to work towards improving electricity, natural gas, and transportation fuel energy use in California. The 2022 IEPR introduces a new framework for embedding equity and environmental justice at the CEC and the California Energy Planning Library which allows for easier access to energy data and analytics for a wide range of users. Additionally, energy reliability, western electricity integration, gasoline cost factors and price spikes, the role of hydrogen in California's clean energy future, fossil gas transition and distributed energy resources are topics discussed within the 2022 IEPR.

State of California Energy Plan
The CEC is responsible for preparing the State Energy Plan, which identifies emerging trends related to energy supply, demand, conservation, public health and safety, and the maintenance of a healthy economy. The Plan calls for the state to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies several strategies, including assistance to public agencies and fleet operators and encouragement of urban designs that reduce vehicle miles traveled (VMT) and accommodate pedestrian and bicycle access.

California Code of Regulations Title 13, Section 2449(d)(3) and 2485 The California Air Resources Board (CARB) is responsible for enforcing California Code of Regulations (CCR) Title 13 Sections 2449(d)(3) and 2485, which limit idling from both on -road and off -road diesel - powered equipment.

Cahfornia's Energy Efficiency Standards for Residential and Nonresidential Buildings Located in CCR Title 24, Part 6 and commonly referred to as "Title 24", these energy efficiency standards were established in 1978 in response to a legislative mandate to reduce California's energy consumption.

Indian Wells General Plan Update PDEIR

4.6-8 November 2024

Page 334 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Title 24 also includes Part 11, known as California's Green Building Standards (CALGreen). The CALGreen standard took effect in January 2011 and instituted mandatory minimum environmental performance standards for all ground -up new construction of commercial, low-rise residential, and State-owned buildings, as well as schools and hospitals. The 2022 CALGreen standards became effective on January 1, 2023. Part 11 establishes design and development methods that include environmentally responsible site selection, building design, building siting and development. Design and development methods include the installation of short- and long-term bicycle parking, designated parking for clean air vehicles and EV charging stations, water conserving plumbing fixtures and fittings (i.e., water closets, urinals, showerheads, faucets and fountains), and measures to reduce outdoor water consumption (i.e., compliance with local ordinances).

Renewable Portfolio Standards
First established in 2002 under Senate Bill (SB) 1078, California's Renewable Portfolio Standards (RPS) requires retail sellers of electric services to increase procurement from eligible renewable resources to 33 percent of total retail sales by 2020.

State Vehicle Standards
The CARB Advanced Clean Cars program for passenger vehicles — cars and light trucks — serves to reduce petroleum consumption by increasing the operating efficiencies of vehicles and accelerating the penetration of plug-in hybrid and zero -emission vehicles in California. CARB has also adopted regulations that enhance the operating efficiencies of various types of construction equipment. While such regulations primarily are adopted to reduce air pollution, co -benefits in the form of reduced petroleum consumption are common.

Regional
Coachella Valley Association of Governments Desert Cities Energy Partnership The Coachella Valley Association of Governments (CVAG) is a sub -regional organization within the Southern California Association of Governments (SCAG). CVAG operates as part of larger jurisdictional or regional teams within the Coachella Valley, made up of ten cities, Riverside County, and two Native American Indian tribes. CVAG initiated the Desert Cities Energy Partnership (DCEP) with SCE and SoCalGas through an Agreement effective January 2010. The First Amendment to the agreement between CVAG and the utilities to continue the partnership through December 31, 2014 was authorized by CVAG Executive Committee in December 2012. Since then, the Second through Fifth Amendments to the agreement extended DCEP each year and provided an authorized budget. The Fifth Amendment was approved to extend the program to December 2018, including a reduction in the SCE budget amount for the DCEP. SCE, SoCalGas, and the CPUC continue to evaluate the benefits as well as the future of these partnerships.

Indian Wells General Plan Update PDEIR

4.6-9 November 2024

Page 335 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
The goal of the DCEP is to help local governments effectively lead their communities to increase energy efficiency, reduce greenhouse gas emissions, protect air quality and ensure that their communities are more livable and sustainable. The partnership provides performance -based opportunities for the Coachella Valley jurisdictions to demonstrate energy efficiency leadership in our communities through energy saving activities.

Indian Wells Climate Action Plan
The City of Indian Wells adopted a Climate Action Plan (CAP) in 2013 consistent with both Assembly Bill (AB) 32, known as the Global Warming Solutions Act of 2006, and Senate Bill (SB) 32. The Climate Action Plan is a framework for the development and implementation of policies and programs that will reduce the City's emissions. It addresses the major sources of emissions in seven spheres of daily life: (1) residential, (2) business, (3) building, (4) transportation, (5) municipal, (6) hospitality/recreation, and (7) education. For each sphere, the Plan suggests a number of programs or policies that can be implemented by Indian Wells to meet its goals. The measures in the CAP are listed below.

Where We Live (Residential)
Residential PACE: Partner and aggressively promote Residential PACE Program to reach 25% of homes with property -secured funding for 100% of the cost of energy upgrades and renewable energy systems.

Pool Pumps: Promote high -efficiency, variable speed pool pumps to households at community fairs and retail outlets to achieve a minimum of 500 units.

Peak Demand Reduction: Partner with SCE to provide local promotion of the residential Summer Discount Program to cut peak demand in 10% of the housing stock.

On -Bill Finance/Repayment: Partner with SCE and SCG to locally promote on -bill financing/repayment for residential energy efficiency retrofits in 15% of housing stock.

Solid Waste Diversion: Increase solid waste diversion rate by 5% to 78.8% by 2015 potentially through use of tiered rate structure.

Drought Tolerant Landscaping: Promote and augment CVWD rebates for drought tolerant planting, turf replacement and buy-back.

Where We Work (Business)
Commercial Energy Audits: Promote energy audits for 500,000 square feet of commercial buildings and confirm replacement/upgrade schedule.

Commercial PACE Program: Partner and aggressively promote commercial PACE program to provide commercial property owners —from retail to resorts —with property -secured funding for 100% of the cost of energy efficiency upgrades/renewable energy installations.

Commercial On -Bill Financing/Repayment: Encourage On -Bill Financing/Repayment through SCE and SCG with green messaging and teamwork in the community.

Indian Wells General Plan Update PDEIR

4.6-10
November 2024

Page 336 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Peak Demand Reduction: Collaborate with SCE and encourage 100 businesses to enroll in Energy Efficiency and Demand Response programs such as the Summer Discount Program.

Water Efficient Landscaping Ordinance: Build on and exceed current Water Efficient Landscaping Ordinance in the commercial sector by 20% by 2020.

Food Waste Composting at Restaurants: Increase restaurant composting program for food waste to reach all restaurants that serve more than 100 meals a day.

Car -Pooling and Mass Transit: Promote "Shared Vehicle at Work" programs to increase carpooling and mass transit by 20% with a "guaranteed -ride home".

How We Build (Building)
Green Building Program: Adopt the Voluntary Green Building Program to prepare for enhanced Title 24 requirements and green building standards.

Shade Trees: Promote properly sited and selected shade trees in 100% of new construction to reduce heat islands and provide shade to offset air conditioning.

Affordable Housing: Promote additional construction of energy -efficient affordable housing with private -sector partners.

How We Get Around (Transportation)
Electric Vehicles: Promote the lease and purchase of 250 electric vehicles in the community with recognition and preferential parking for participants.
"Golf Cars:" Provide special financing, leasing and bulk purchase of Golf Cars to the community to increase the community fleet by 250 new cars.

Bike, Walking, NEV "Parkway:" Support Parkway 1e11 as a Valley amenity and means to alternative forms of transportation and to promote health in Indian Wells.

Bus Route Maximization: Collaborate with Sun Line officials to reform routes to promote smaller buses with more routes and frequencies to increase ridership by 1,500 riders.

Van Pools: Partner and recognize all Indian Well's major employers with over 50 employees for van pools.

How We Govern (Municipal)
Sustainability Committee: Form and facilitate a "blue ribbon committee" for sustainability issues and management.

Desert Cities Energy Partnership: Continue to actively partner with serving utilities to fully utilize energy efficiency and demand response programs in municipal facilities.

Municipal Facility Efficiency Upgrades...Payback Threshold Policy: Establish energy policy within City's Energy Action Plan to invest in measures with less than a four-year, simple payback.

Municipal Facility Efficiency Upgrades: Complete 100% of remaining Energy Action Plan measures developed in EAP (2015-2020).

Indian Wells General Plan Update PDEIR

4.6-11
November 2024

Page 337 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Efficient and Green New Construction: Establish policy that 100% of new municipal buildings and major remodels adhere to Voluntary Green Building Program standards and are minimum LEED Silver or equivalent.

Utility Manager Software: Maximize use of the Los Angeles County Energy Enterprise Management Information System (EEMIS) to manage municipal facilities.

Benchmarking: Abide by the Energy Benchmarking Policy to gauge relative energy use and efficiency of municipal facilities.

Retro Commissioning: Abide by the Retro-Commissioning (RCx) policy and guidelines for qualifying municipal buildings.

Public/Private Partnerships: Explore private- public partnerships for renewable energy installations and energy -efficiency upgrades on municipal facilities (performance -based contracts and power purchase agreements).

Solar Ready Ordinance: Develop and implement an ordinance requiring 100% of new homes be solar ready (PV).

Water Feature Efficiency: Update water feature ordinance to maintain amenities while increasing water and energy efficiency through time of use and seasonal timers.

Where We Visit and Play (Hospitality/Recreation)
Comprehensive Pool Efficiency: Promote comprehensive pool efficiency including variable speed pool pumps, covers, wind breaks, and solar heating for 1,000 pools.

Resort Management: Revise management contracts for resorts to include efficiency as a performance metric.

Neighborhood Electric Vehicles: Design and promote Neighborhood Electric Vehicle program to achieve minimum of 400 NEVs for Valley residents and visitors.

Irrigation System Controls: Promote the installation of irrigation control sensors at parks and golf courses.

Drought -Tolerant Landscaping: Promote reduced need for golf course irrigation through design and use of drought -tolerant plants.

How We Teach and Learn (Education)
Green Building Lectures and Continuing Education: Provide lectures, seminars and training on green building based on Voluntary Green Building Program guide and training materials emphasizing desert conditions and opportunities.

Workforce Development: Promote workforce development in partnership with College of the Desert, UCR, and CSUSB to achieve 500 "green careers" by 2020.

Indian Wells General Plan Update PDEIR 4.6-12
November 2024

Page 338 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Indian Wells Municipal Code
The City's Municipal Code includes provisions that encourage the use of alternative transportation means that reduce the use of non-renewable energy and the use of energy efficient appliances and building design standards. The following list includes some of these provisions:
• Chapter 16.25 — California Energy Code: Adoption of t Title 24, Part 6, 2022 Edition and appendices thereof, as approved by the California Building Standards Commission, prescribing regulations governing the building envelope, space -conditioning system, water -heating systems, indoor lighting systems, outdoor lighting systems, and indoor and outdoor signs installations, construction, maintenance, alteration, and repair, are adopted by reference as the energy code of the City.
• Chapter 16.50 — Transportation Demand Management Requirements for Specified New Development Projects: intended to protect the public health, safety and welfare by reducing air pollution, traffic congestion and energy consumption attributable to vehicle trips and vehicle miles traveled.

4.6.4 Project Impact Analysis
Thresholds of Significance
The following thresholds or criteria are derived from Appendix G of the CEQA Guidelines and are used to determine the level of potential effect. The significance determination is based on the recommended criteria set forth in Section 15064 of the CEQA Guidelines. For analysis purposes, development of the GPU would have a significant effect on energy resources if the project will:
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Methodology
The analysis in this section is derived from the project -specific California Emissions Estimator Model (CaIEEMod) Version 2022.1.1 Modeling Data. CaIEEMod is a Statewide land use emissions computer model designed to provide a uniform platform to quantify potential criteria pollutant and greenhouse gas (GHG) emissions associated with both construction and operations from land use projects. Fuel consumption by construction equipment was calculated based on the equipment mix and usage factors provided in the CaIEEMod construction output files. Fuel consumption from construction worker and vendor trucks was calculated using the trip rates and distances provided in the CaIEEMod construction output files. Total VMT were then calculated for each type of construction -related trip and divided by the corresponding miles per gallon factor using the USEPA's Greenhouse Gas Equivalency Calculator.

Indian Wells General Plan Update PDEIR

4.6-13 November 2024

Page 339 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Annual Consumption of electricity and natural gas was calculated using demand factors provided in CaIEEMod also included in Section 4.8, Greenhouse Gas Emissions of this PDEIR. Daily Trip Generation used in this analysis was also based on the inputs from CaIEEMod, which calculated the annual VMT.

Based on the annual VMT, gasoline and diesel consumption rates were calculated for operations.

Construction of the proposed GPU is anticipated to occur in 2025 through 2029, as a conservative estimate based on the most feasible and shortest time frame for buildout of the remaining developable areas in the City. Construction emissions resulting from project implementation account for the demolition, site preparation, grading, building construction, paving, and architectural coating (painting) stages in order to construct the new land uses associated with the General Plan Update. The CaIEEMod calculations reflect land use changes to APNs 633-150-077 and 633-150-071, which would change from the Golf and Recreation land use to the Resort Commercial land use; and APNs 633-310-035 and 633- 410-051, which would change from Community Commercial land use to Resort Commercial land use.

The 'Health Club' land use type within CaIEEMod was determined to be the best proxy land use within CaIEEMod for this land use type; additionally, the amount of building square footages analyzed was estimated by CaIEEMod, based on the total lot acreages associated with these APNs, since actual building square footages are not known at the current time. For analysis purposes, all project components have been analyzed concurrently over a single period, as this buildout scenario represents the worst -case scenario conditions compared to a phased implementation. This is also conservative because it assumes buildout would occur by 2029, sixteen years before the buildout year for the GPU of 2045, since construction vehicles would because more efficient over time.

Project Impacts
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation
Electricity and natural gas are provided to the project property by Southern California Edison (SCE) and Imperial Irrigation District (IID), and the Southern California Gas Company (The Gas Company or SoCalGas). SCE/IID and SoCalGas would continue to serve the City of Indian Wells. Energy resources, including electricity, natural gas and mobility -related petroleum, further discussed in this section.

The General Plan Update proposes buildout of the City of Indian Wells, with a horizon year of 2045.

Buildout of the GPU includes residential, commercial, and resort uses (see Chapter 3.0, Project Description). The amount of energy used in the Planning Area at buildout would directly correlate to the type and size of development, the energy consumption associated with unit appliances, outdoor lighting, and energy use associated with other buildings and activities. Other major sources of Planning Area energy consumption include fuel used by vehicle trips generated during construction and operational activities, and fuel used by off -road construction vehicles during construction. The following discussion Indian Wells General Plan Update PDEIR

4.6-14 November 2024

Page 340 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
provides calculated levels of energy use expected for the GPU, based on commonly used modelling software (CaIEEMod V2022.1.1 and the California Air Resource Board's EMFAC2017). The following analysis provides an estimate of energy consumption in the Planning Area in buildout year 2045.

Transportation Energy
Petroleum would be consumed throughout construction of the GPU. Fuel consumed by construction equipment would be the primary energy resource expended over the course of construction, while VMT associated with the transportation of construction materials and construction worker commutes would also result in petroleum consumption. Heavy-duty equipment used for construction would rely on diesel fuel, as would haul trucks involved in off -hauling materials from demolition or excavation. Construction workers would travel to and from the City throughout the duration of construction. It is assumed that construction workers would travel to and from the City in gasoline -powered passenger vehicles. There are no unusual land use characteristics or construction processes that would require the use of equipment that would be more energy intensive which is used for comparable activities or use of equipment that would not conform to current emissions standards (and related fuel efficiencies).

Heavy-duty construction equipment of various types would be used during each phase of construction.

CaIEEMod was used to estimate construction equipment usage. Fuel consumption from construction equipment was estimated by converting the total CO2 emissions from each construction phase (i.e., demolition, site preparation, grading, building construction, paving, and architectural coating) to gallons using the conversion factors shown in the tables provided.

Table 4.6-1, Construction Worker Gasoline Demand, illustrates the estimated demand of gasoline for construction worker trips for the various construction phases. The number of worker trips was automatically estimated within CaIEEMod, based on the lot acreages associated with these APNs, and other project characteristics. Construction worker demand would result in a total demand of 38,148.3 gallons of gasoline.

Table 4.6-1 Construction Worker Gasoline Demand
Const. Phase
Days
Trips
Miles
VMT
KgCO2e
Kg/CO2/
Gallon
Gallons
Demolition
50 15

18.5 13,875
4660

8.89*
524.2
Site Prep.
30 17.5

18.5 9,712.5
3260

8.89 366.7
Grading
75 20

18.5 27,750
9310

8.89 1,047
Building Const.
740
139

18.5 1,902,910
316400

8.89 35,590.6
Paving
55 15

18.5 15,262.5
4820

8.89 542.2
Arch. Coating
55 27.7

18.5 28,184.75
690

8.89 77.6
Total Construction Worker Gasoline Demand
38,148.3
* https://www.epa.gov/energy/greenhouse-gases-ecuivalencies-calculator-calculations-and-references https://www.epa.gov/ener7y/; reenhouse-;as-ecuivalencies-calculator Indian Wells General Plan Update PDEIR 4.6-15
November 2024

Page 341 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Table 4.6-2, Construction Vendor Diesel Demand, illustrates the demand of diesel fuel for construction vendor trips. These trips are associated with the delivery of construction materials during the construction phase. Construction vendors are estimated to consume 56,620.8 gallons of diesel fuel during construction.

Table 4.6-2 Construction Vendor Diesel Demand
Const. Phase
Days
Trips
Miles
VMT
KgCO2e
Kg/CO2/
Gallon
Gallons
Demolition
50 0
0 0
0 10.18*
0 Site Prep.
30 0
0 0
0 10.18
0 Grading
75 0
0 0
0 10.18
0 Building Const.
740

54.1 10.2
408,346.8
576,400

10.18 56,620.8
Paving
55 0
0 0
0 10.18
0 Arch. Coating
55 0
0 0
0 10.18
0 Total Construction Vendor Diesel Demand
56,620.8
* https://www.epa.gov/energy/greenhouse-gases-ecuivalencies-calculator-calculations-and-references https://www.epa.gov/energy/green house-gas-ecuivalencies-calculator Table 4.6-3, Construction Hauling Diesel Demand, illustrates the demand of diesel fuel for construction hauling trips to and from the site (i.e., the lots associated with APNs 633-150-077, 633-150-071, 633- 310-035 and 633-410-051) during demolition of portions of the site. The demolition phase was assumed to include demolition of an estimated total of 25,000 total square feet of existing building area, based on an analysis of the total existing building area located within these APNs. Construction hauling demand during demolition equals a total of 916.5 gallons of diesel fuel.

Table 4.6-3 Construction Hauling Diesel Demand
Const. Phase
Days
Trips
Miles
VMT
KgCO2e
Kg/CO2/
Gallon
Gallons
Demolition
50 5.76
20 5,750
9,330

10.18 916.5
Site Prep.
30 0
0 0
0 10.18
0 Grading
75 0
0 0
0 10.18
0 Building Const.
740
0 0
0 0

10.18 0
Paving
55 0
0 0
0 10.18
0 Arch. Coating
55 0
0 0
0 10.18
0 Total Construction Hauling Diesel Demand
916.5
https://www.epa.gov/energy/greenhouse-gases-ecuivalencies-calculator-calculations-and-references https://www.epa.gov/energy/greenhouse-gas-ecuivalencies-calculator Table 4.6-4, Construction Equipment Diesel Demand, displays the demand of diesel fuel for constriction vehicles on -site during the various construction phases. Construction equipment diesel demand is expected to 119,917.6 gallons of diesel fuel.

Indian Wells General Plan Update PDEIR 4.6-16
November 2024

Page 342 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Table 4.6-4 Construction Equipment Diesel Demand
Const. Phase
Days
Equipment
Units
KgCO2e
Kg/CO2/Gallons
Gallon
Demolition
50 6
77,900

10.18 7,652.3
Site Prep.
30 7
72,300

10.18 7,102.2
Grading
75 8
225,000

10.18 22,102.2
Building Const.
740
9 807,500

10.18 79,322.2
Paving
55 6
37,800

10.18 3,713.2
Arch. Coating
55 1
260

10.18 25.5
Total Construction Equipment Diesel Demand
119,917.6
https://www.epa.ov/energy/greenhouse-gases-equivalencies-calculator-calculations-and-references https://www.epa.gov/energy/greenhouse-gas-ec uivalencies-calculator As stated throughout, the City of Indian Wells is largely developed. Buildout of the lots that would be converted to the Resort Commercial Land Use under the GPU, as explained above, would involve the development of 44.57 acres (representing an estimated total building square footage of approximately 330,000 square feet) for Resort Commercial land uses. This reflects the total acreages associated with APNs 633-150-077, 633-150-071, 633-310-035 and 633-410-051, which were modeled within CaIEEMod.

This total development is estimated to consume approximately 38,148.3 gallons of gasoline and 177,454.9 gallons of diesel fuel during project construction. In total, buildout of these lots would consume a total of 215,603.2 gallons of petroleum. In the event construction activities are extended over a longer period of time, it is possible that more gasoline would be used for workers traveling to and from the site, but any such increase would be relatively minor, and would not change any of the impact determinations stated in this section. Petroleum use is also necessary to operate construction equipment. The US EPA implements a Tier 4 program in order to reduce the impacts of motor vehicles emissions on air quality and public health. These vehicle emissions standards reduce both tailpipe and evaporative emissions from passenger cars, light -duty trucks, medium duty passenger vehicles, and some heavy-duty vehicles. Future projects will be required to operate off -road diesel construction equipment rated at 50 horsepower (hp) or greater in compliance with EPA/CARB Tier 4 off -road emissions standards or equivalent, during all construction activities. The use of Tier 4 engines or higher during construction would assist in reducing construction -related emissions within the Planning Area.

The GPU will not conflict or obstruct the EPA/CARB Tier 4 emissions standards. Additionally, energy used during construction of the project would be limited to the construction period and would not involve long-term petroleum use. As such, energy consumption during construction activities would not be considered excessive, inefficient or unnecessary.

As noted above, there are no unusual land use characteristics or construction processes that would require the use of equipment that would be more energy intensive than what is used for comparable activities or use of equipment that would not conform to current emissions standards (and related fuel efficiencies). Thus, construction of the GPU would not consume petroleum in a wasteful or inefficient manner.

Indian Wells General Plan Update PDEIR

4.6-17 November 2024

Page 343 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Operation of the GPU would generate vehicle trips during its operational phase. Based on the Transportation Analysis prepared for the project (Appendix F), total VMT associated with the City of Indian Wells as a result of implementation of the GPU (in addition to existing development) could generate up to 542,972 VMT per day; however, the GPU itself does not propose any specific development. In order to calculate operational on -road vehicle energy use and emissions, default trip lengths generated by CaIEEMod were used, which are based on the Planning Area location and urbanization level parameters (i.e., Riverside County). These values are provided by the individual districts or use a default average for the State, depending on the location of a project.

The consumption and use of petroleum -based fuels related to vehicular travel is anticipated during operation of the GPU. Operation of the GPU would add approximately 579,783 vehicle miles traveled daily. As shown in Table 4.6-5, Operational Annual Petroleum, it was calculated that on -road vehicle energy usage in the Planning Area at buildout year 2045 would be approximately 1,126,231.7 gallons of gasoline per year, and 79,744.6 gallons of diesel per year, for a total of 1,205,976.3 gallons of petroleum per year.

Table 4.6-5 Operational Annual Petroleum
Fuel Type
Daily VMT
CO2e
Kg/CO2/Gallon
Gallons
Gasoline
502,249.1
10,012.2

8.89 1,126,231.7
Diesel
40,722.9
811.8

10.18 79,744.6
Total Annual Petroleum
1,205,976.3
Over the lifetime of GPU buildout and operation, the fuel efficiency of vehicles in use is expected to increase as older vehicles are replaced with newer, more efficient models. Thus, the amount of petroleum consumed because of vehicle trips during operation would decrease over time. There are numerous regulations in place that require and/or encourage increased fuel efficiency. For example, CARB has adopted a new approach to passenger vehicles by combining the control for smog -causing pollutants and GHG emissions into a single coordinated package of standards. The approach also includes efforts to support and accelerate the number of plug-in hybrids and zero -emissions vehicles in California.

As such, operation of the GPU is expected to use decreasing amounts of petroleum over time due to advances in fuel economy.

Although the GPU would result in an increase in petroleum use during operation compared to the existing conditions, the project -specific petroleum use would be expected to diminish over time as fuel efficiency improves, including the use of zero -emission and low -emission vehicle use (GPU Policy RM-9.2 and Action RM-9b). The GPU also provides policies that promote multiple modes of transportation and safety for multi -modal transportation in Policies M-1.9, M-2.1, M-2.2, M-2.5, M-2.6, M-2.7, M-2.8, and M-2.9, and the thoughtful connectivity between land uses to reduce vehicle miles traveled and subsequently petroleum consumed in Policies M-2.3 and M-2.4, and Action M -le and M -1f. Therefore, petroleum use on the project area would not contribute to substantial or excessive consumption.

Indian Wells General Plan Update PDEIR

4.6-18 November 2024

Page 344 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Electricity and Natural Gas
During grading and construction, the GPU's electricity demand will be limited. Energy used to pump water, power security and other lighting, and for incidental purposes, will result in electricity consumption during grading and construction. The electricity demand at any given time would vary throughout the construction period based on construction activities being performed. When not in use, electric equipment would be powered off so as to avoid unnecessary energy consumption. Once construction activities are complete, electricity demand will transition to operational power demand.

Natural gas will not likely be used during construction of the GPU. Fuels used for construction would primarily consist of petroleum distillates, including diesel and gasoline fuels, which are discussed above.

No adverse effects to nonrenewable energy resources are anticipated with the operation of the proposed GPU. As shown in Table 4.6-7, GPU Operational Electricity and Natural Gas Usage, the GPU's new energy demand would be approximately 3,157,794 kWh of electricity per year, 14,173,607 thousand British thermal units, and (kBTU) of natural gas per year.

Table 4.6-7 GPU Operational Electricity and Natural Gas Usage Source
Units
GPU Buildout
Electricity Total
kWh/yr
3,157,794
Natural Gas Total
kBTU/yr
14,173,607
Notes: kWh/year = thousand kilowatt-hours per year; kBTU/yr = thousand British Thermal Units per year.

Electricity and Natural Gas for the project is total operational usage.

While the GPU would result in a long-term increase in demand for electricity, the developments within the Planning Area would be required to comply with Title 24 and CALGreen requirements related to energy efficiency, as required by GPU Policy RM-10.1 and Action RM-10j. Further, submittal, review, and approval of project plans through the City, SCE and IID would ensure future electricity demand would be manageable (GPU Policy RM-10.4). The City will continue to educate the public, promote energy conservation, renewable energy, solar design, and encourage energy efficient design (i.e., site planning techniques, building orientation, and building methods that reduce energy use, conserve non-renewable energy and materials, and promote water efficient landscaping to support energy conservation), and retrofitting, as implemented by GPU Policy RM-10.2, RM-10.3, RM-10.6, RM-10.8, RM-10.9 and RM-

10.11, and Actions RM-10a, through RM-10i. While the GPU would result in a long-term increase in demand for electricity, future projects would be required to comply with Title 24 and CALGreen requirements related to energy efficiency and the GPU policies and actions listed above.

Conclusion
Necessity, Efficiency and Wastefulness:

The consumption of diesel, gasoline, and electric fuels in construction -related off -road equipment and vehicle trips are necessary to achieve buildout of the proposed GPU, which would ensure long-term Indian Wells General Plan Update PDEIR

4.6-19 November 2024

Page 345 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
economic benefits and stability for the City, adding employment -generating land uses that would create new jobs for the City, and providing development that results in a connected, complete place with housing and commercial uses.

The proposed GPU establishes land use and development regulations that provide balanced and sustainable residential and non-residential development, based on the unique characteristics of the Planning Area, and given its infrastructure, public service, and utility needs, to ensure the comprehensive and coordinated planning of the GPU's land uses. The GPU, therefore, would result in the orderly and efficient development of the Planning Area pursuant to applicable Municipal Code and policy requirements. The use of energy resources to develop the Planning Area would not be inefficient.

The proposed GPU policies and actions discussed herein promotes efficient buildings (Policies RM-10.1, RM-10.3, RM-10.4, and RM-10.5), energy conservation (Policies RM-10.2, and RM-10.6), renewable energy (Policies RM-10.7, RM-10.8, and RM-10.9), and multi -modal transportation (Policies M-2.1 through M-2.9, and RM-9.2). The proposed GPU's energy consumption would be necessary and occur in an efficient manner. Energy conservation policies ensure that the GPU would not result in wasteful use of energy.

This would be a less than significant impact.

General Plan Policies and Actions
Policies
RM-10.1 Green Building Standards Code. Ensure that new construction and major redevelopment complies with the most current version of the California Green Building Standards Code.

RM-10.2 Energy Conservation. Promote energy conservation by residents and businesses in existing structures, in close coordination with other agencies and local energy providers, including Southern California Edison and Southern California Gas Company.

RM-10.3 Energy Efficient Design. Encourage energy efficient design including site planning techniques, building orientation, and building methods that reduce energy use, conserve non-renewable energy and materials, and promote water efficient landscaping to support energy conservation.

RM-10.4 Conditions of Approval. Require all new development projects obtaining discretionary action by the City to comply with energy related conditions of approval.

RM-10.5 Retrofitting. Encourage energy -efficient retrofitting of existing buildings, including homes, throughout the City.

RM-10.6 Public Education. Improve public dissemination of information for possible energy conservation solutions.

Indian Wells General Plan Update PDEIR

4.6-20 November 2024

Page 346 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
RM-10.7 Renewable Energy. Encourage the use of renewable energy and non-traditional energy sources such as wind, hydrologic, and solar to reduce dependence on traditional energy sources.

RM-10.8 Solar Design. Encourage the use of active or passive solar design whenever feasible.

RM-10.9 Solar Access. Continue to protect solar access in accordance with the Solar Rights Act.

RM-10.10 Multi -Jurisdictional Efforts. Explore cooperative efforts with other jurisdictions and entities related to renewable energy and distributed generation systems.

RM-10.11 Municipal Buildings and Vehicles. Continue efforts to reduce dependency on fossil fuels in all municipal buildings and vehicles.

M-1.9 Safe Routes to School. Work with schools and school districts within the city to encourage parents and children to walk or bike to school through programs such as Safe Routes to School.

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

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

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

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

M-2.5 Citywide Bicycle Plan. Implement construction of the bike network system by requiring new development to provide bike lanes on public roads and update the plan as needed.

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

Indian Wells General Plan Update PDEIR

4.6-21 November 2024

Page 347 of 1361 ends

Council Agenda- February 13, 2025

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

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

M-2.9 Rail and Air Travel. Participate with regional agencies and cities to promote rail and air service capacities that meet the needs of residents, workers, and visitors.

Actions
RM-10a Establish an education program, in partnership with relevant agencies and community organizations, to improve public dissemination of information for possible energy conservation solutions to residents, businesses, and the building industry.

RM-10b Provide the public with current information on energy grants, incentives and energy conservation programs.

RM-10c Implement the Home Energy Assistance Link (HEAL) program, a monetary incentive program, that assists Indian Wells residents purchase energy and water efficient appliances.

RM-10d Develop a green building resource guide that will encourage the following:
• Reduction or elimination of toxic and harmful substances within buildings and their surrounding environments.
• Selection of materials and products based on their life -cycle environmental impacts and use of materials and products with recycled content.

RM-10e Audit existing City facilities and operations to identify energy efficiency improvements and seek grant funding to implement these improvements.

RM-10f Investigate incorporating sustainable materials and construction elements into the Capital Improvement Program.

RM-10g Continue the City's program for recycling green waste from City maintained landscape areas and the Golf Resort into mulch for use as ground cover.

RM-10h Utilize LED Tight fixtures and motion detectors at City HaII to reduce the demand on electrical power.

RM-10i Pursue Leadership in Energy and Environmental Design (LEED) certification for future construction of affordable housing at City Housing Authority properties.

RM-10j Incorporate into City codes, when feasible, planning and building standards which minimize consumption of non-renewable resources, such as natural gas and fossil fuels.

Indian Wells General Plan Update PDEIR

4.6-22 November 2024

Page 348 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
RM-10k
Permit the use of solar panels to maximize energy efficiency provided the panels are in accordance with the City's/State's design guidelines contained in the Zoning Code and establish a program to waive permit fees for solar installation.

RM-10I Explore cooperative efforts with other jurisdictions and entities related to renewable energy and distributed generation systems.

RM-10m Coordinate with Coachella Valley Association of Governments (CVAG) to hold workshops on the use of renewable energy and the local development associated industries in the Coachella Valley.

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

M -1f Consider streetscape improvements such as landscaping, sidewalks, paths, lighting, and other pedestrian -oriented features in the City.

RM-9b
Evaluate the purchase of low -emission vehicles for the City's fleet and the use of available clean fuel sources for trucks and heavy equipment for the provision of City services based on operating requirements and financial feasibility. b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency
Buildout of the GPU would use energy resources for the operation of buildings (electricity and natural gas), for on -road vehicle trips (e.g., gasoline and diesel fuel), and from off -road construction activities (e.g., diesel fuel) associated with 2045 buildout of the GPU. Developers of individual projects within the Planning Area would be responsible for conserving energy, to the extent feasible, and would rely heavily on reducing per capita energy consumption to achieve this goal, including through statewide and local measures. Buildout of the GPU would be in compliance with all applicable State and local regulations regulating energy consumption, including Senate Bill 100, California Building Energy Efficiency Standards (Title 24), and Indian Wells Climate Action Plan (CAP).

In accordance with SCE and I'D policies, the projects within the City would consult with the associated electricity provider to coordinate electrical infrastructure removals or relocations with site -specific requirements for each planned development (Policy RM-10.2). This would ensure that SCE's and IID's specific design practices would be implemented as part of the development which would further reduce the project's demand on electrical infrastructure during construction as well as avoid any disruption of electrical service to the site and other surrounding properties. As such, construction of the GPU is not anticipated to adversely affect the electrical infrastructure serving the surrounding uses or utility system capacity.

Indian Wells General Plan Update PDEIR

4.6-23 November 2024

Page 349 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
Moreover, in accordance with SoCalGas policies, the projects within the City would consult with SoCalGas to coordinate natural gas infrastructure removal or relocation with site -specific requirements.

This would ensure that the existing gas lines would be maintained and secured and not impacted during construction. This would avoid disruption of gas to the project site or other properties as well as would further reduce the GPU's demand on SoCalGas's infrastructure during construction. As such, construction of the GPU is not anticipated to adversely affect the natural gas infrastructure currently serving the City, surrounding area or utility system capacity.

In addition, the mix of land uses, and the various forms of multi -modal transportation (i.e., bus, bicycle, pedestrian, golf cart) would contribute to reduced VMT and the efficient use of mobile source energy resources, to reduce petroleum fuel consumption (Policies M-2.1 through M-2.9, and RM-9.2).

Senate Bill 100
Senate Bill 100 (De Leon, 2018), the 100 Percent Clean Energy Act of 2018, requires California's renewable energy and zero -carbon resources to supply 100 percent of electric retail sales to end -use customers, and 100 percent of electricity procured to serve state agencies, by 2045. Energy providers are working to integrate new clean energy technologies to meet the State's 2045 deadline. The proposed GPU policies and actions discussed herein promotes efficient buildings (Policies RM-10.1, RM-10.3, RM-

10.4, and RM-10.5), energy conservation (Policies RM-10.2, and RM-10.6), renewable energy (Policies RM-10.7, RM-10.8, and RM-10.9), and multi -modal transportation (Policies M-2.1 through M-2.9, and RM-9.2). The listed policies will assist in achieving the State's 2045 goal.

Title 24
Title 24's Building Energy Efficiency Standards are designed to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings. Title 24 also includes Part 11, known as California's Green Building Standards (CALGreen), which instituted mandatory minimum environmental performance standards for all ground -up new construction of commercial, low-rise residential, and State-owned buildings, as well as schools and hospitals. Title 24 establishes new multi -family (including hotels and motels) building envelope (e.g., roof deck and ceiling insulation, roof solar reflectance, window insulation and glazing, window heat gain, etc.), building systems (e.g., space and water heating), lighting, and solar requirements. The GPU will be required to meet the standards of Title 24, as required in GPU Policy RM-10.1, RM-10.3, RM-10.8, and RM-10.9.

Indian Wells Climate Action Plan
The City of Indian Wells's Climate Action Plan (CAP) also outlines measures to reduce energy consumed by existing and future developments within the City. The CAP details strategies and actions in seven sectors (residential, business, building, transportation, municipal, hospitality/recreation, and education) to achieve the greenhouse gas emissions reduction goal. Although the City's CAP was adopted in 2013, Indian Wells General Plan Update PDEIR

4.6-24 November 2024

Page 350 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES
some of the measures remain applicable to City's goal to reduce greenhouse gas emissions, including those related to solid waste diversion, drought -tolerant and efficient landscaping, energy efficient construction and buildings, and alternative transportation systems. GPU Policies RM-7-1 through RM-

7.7are consistent with solid waste diversion in compliance with local, regional and State regulations (see Section 4.17, Utilities and Service Systems). See Policies RM-6.4 and RM-6.6. GPU Policies RM-6.4 and RM-6.6 promotes the incorporation of water -wise native landscaping or alternative water saving materials wherever feasible in the City and encourages the use of reclaimed water for landscaping and irrigation needs in an effort to reduce water and energy consumption and remain energy efficient. GPU Policy RM-7. 7 encourages the recycling/composting of all City organic materials including landscape and food waste materials. As discussed above, the GPU will be required to meet the standards of Title 24, as required in GPU Policy RM-10.1, RM-10.3, RM-10.8, and RM-10.9. The GPU encourages the use of zero - emission vehicles, low -emission vehicles, bicycles and other non -motorized vehicles, and car -sharing programs by providing sufficient and convenient infrastructure and parking facilities to accommodate these vehicles in Policy RM-9.2. As stated above, GPU Policies M-2.1 through M-2.9 promote multiple forms of transportation throughout the City including bicycle, pedestrian, low speed vehicles, and public transit. Specifically, working with SunLine and other providers to improve bus stop amenities. With the foregoing, the GPU is consistent with and would not obstruct implementation of the applicable strategies and actions contained in the City's CAP.

The GPU is not anticipated to conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Impacts would be less than significant.

General Plan Policies and Actions
See policies and actions listed in threshold discussion a. (above).

4.6.5 Cumulative Impacts
As future development projects are received and reviewed by the City in subsequent years, those projects will be reviewed for consistency with the GPU and all relevant State -level programs and requirements. All future projects must implement the most current version of the Title 24 energy efficiency requirements, as required by State law. Consistency with the GPU and other mandatory State - level programs would ensure that future project -level contributions to inefficient, wasteful, or unnecessary energy use would be less than significant. Moreover, as identified above, buildout of the GPU would not be expected cause an inefficient, wasteful, or unnecessary use of energy resources nor conflict with or obstruct a State or local plan for renewable energy or energy efficiency. As a result, the proposed GPU's incremental contribution to cumulative greenhouse gas, climate change, and energy impacts would be less than cumulatively considerable.

Indian Wells General Plan Update PDEIR

4.6-25 November 2024

Page 351 of 1361 ends

Council Agenda- February 13, 2025

4.6 ENERGY RESOURCES

4.6.6 Mitigation Measures
No mitigation measures are necessary because all potential impacts would be less than significant. To the extent the GPU will result in direct, reasonably foreseeable, significant environmental impacts, the policies and actions listed throughout this section, as proposed by the GPU, will serve as mitigation or to the extent the impacts will be less than significant, as improvement measures as it relates to energy resources. Moreover, federal, State, and local regulations will also ensure that buildout of the GPU would result in (or continue to result in) less than significant impacts. Therefore, no additional Mitigation or Improvement Measures are required.

4.6.7 Level of Significance After Mitigation
Compliance with existing State, regional, and City regulations, plans, and actions, in addition to the incorporation of the use of energy efficient building materials and design features, would ensure that project impacts related to energy resources would be less than significant. Additionally, submittal, review, and approval of plans through the City and relevant energy providers would ensure future energy demands would be manageable. Therefore, less than significant impacts related to energy resources are expected with the implementation of the GPU.

4.6.8 Resources

1. California Energy Demand 2018-2030 Revised Forecast, California Energy Commission, Demand Analysis Office, February 2018.

2. Carbon Neutrality by 2045, Governor's Office of Planning and Research, https://opr.ca.gov/climate/carbon-
neutrality.html#:^':text=SB%20100%20(De%20Leon%2C%202018,serve%20state%20agencies% 2C%20by%202045.

3. Corporate Average Fuel Economy, National Highway Traffic Safety Administration, available at htt3s:// www.nhtsa.gov/laws-regulations/cor porate-ave rage -fuel -economy

4. Electricity Consumption by Planning Area, California Energy Commission, California Energy Consumption Database, http://www.ecdms.energy.ca.gov/elecbyplan.aspx

5. Greenhouse Gas Equivalencies Calculator — Calculations and References, Environmental Protection Agency, available at https://www.epa.gov/energy/greenhouse-gases-equivalencies- calculator-calculations-and-references

6. Natural Gas and California, California Public Utilities Commission, available at https://www.cpuc.ca.gov/natural gas/
Indian Wells General Plan Update PDEIR

4.6-26 November 2024

Page 352 of 1361 ends

Council Agenda- February 13, 2025

PROGRAMMATIC DRAFT ENVIRONMENTAL IMPACT REPORT
Indian Wells General Plan Update

4.7 Geology and Soils

4.7.1 Introduction
This section of the Indian Wells GPU PDEIR describes the current conditions of the Planning Area relative to geology and soils, including paleontological resources. This section also analyzes the potential impacts from geologic conditions and the impacts to possible paleontological resources within the City from the implementation of the GPU. This section is organized with an existing setting, regulatory setting, and impact analysis. Descriptions and analysis in this section is based on information sourced from City documents, United States Geological Survey (USGS) La Quinta 7.5 -minute Quadrangle Topographic Map, USGS Landslide Inventory and Interactive Map, Sustainable Groundwater Management Act (SGMA) Data Viewer Application, California Department of Conservation Earthquake Zone Application, 2020 Coachella Valley Regional Urban Water Management Plan, and the Cultural and Paleontological Resource Study for the General Plan Update, City of Indian Wells, Riverside County in January 2021, by DUKE Cultural Resources Management (Duke CRM).

4.7.2 Existing Conditions
Regional
The City of Indian Wells is located in the Coachella Valley, Riverside County, the westernmost extension of the Colorado Sonoran Desert, which lies south of the Mojave Desert in Imperial, Riverside, and San Diego Counties. The Coachella Valley is part of the Colorado Desert Geomorphic Province (CDGP) and the Salton Trough, a large northwest -trending structural basin extending about 180 miles from the San Gorgonio Pass to the Gulf of California. This basin, including the below -sea -level Salton Sea, has been gradually filling with sediment from local mountain ranges, the Colorado River, and incursions from the Gulf of California since at least the late Miocene Epoch. Sediments in the Salton Trough, including alluvium and colluvium, are estimated to be two to five miles thick.

The Colorado Sonoran Desert is bordered by the Peninsular Range and the Pacific Coastal Plain to the west and the Colorado River to the east. The Peninsular Ranges province features northwest -trending mountain ranges and valleys shaped by faults related to the San Andreas Fault. The Coachella Valley is bordered to the north and east by the Little San Bernardino, Cottonwood, and Orocopia Mountains, and to the south and west by the Santa Rosa and San Jacinto Mountains. Portions of the Santa Rosa Mountain Range extend into the southern part of the City. The closest faults to the City include the San Andreas and San Jacinto Faults (discussed further in the Seismic Hazards subsection below).

The Coachella Valley experiences a semi -arid climate with seasonal temperature extremes and distinctive wind patterns. The surrounding mountains, which reach elevations of 6,000 to 10,000 feet, Indian Wells General Plan Update PDEIR

4.7-1 November 2024

Page 353 of 1361 ends

Council Agenda- February 13, 2025

4.7 GEOLOGY AND SOILS
create a rain shadow effect, resulting in minimal precipitation on the eastern slopes and valley floor. The annual average rainfall is 3.2 inches, mostly during winter, though occasional summer tropical storms from the Gulf of Mexico can cause flash floods. Runoff from seasonal streams in the washes sinks quickly into the alluvial fans at the mouths of canyons.

Topography
The City of Indian Wells encompasses approximately 14.6 square -miles within the Coachella Valley. The United States Geological Survey (USGS) La Quinta 7.5 -minute Quadrangle Topographic Map records the existing elevations within the City, detailing a high of 2,200 feet in the southern portion of the City within the Santa Rosa Mountains, and a low of 120 feet near the center of the City along the Coachella Valley Stormwater Channel. The developed portion of the City is found primarily on the valley floor and gently sloping alluvium.

The City is designed to drain stormwater generated throughout the City to the existing Deep Canyon Stormwater Channel (DCSC) and the Coachella Valley Stormwater Channel (CVSC). The DCSC runs alongside the base of the mountains, ultimately directing flows towards the CVSC. The CVSC is a 50 -mile storm channel that runs from the Whitewater area north of Palm Springs to the Salton Sea, crossing through the City's northeaster portion along the way.

Paleontological Resources
Paleontological resources represent the remains of prehistoric life, excluding human remains, and include the localities where fossils are found as well as the sedimentary rock formations in which they are discovered. Fossils are generally defined by their geologic age, typically older than 12,000 years, marking the boundary between the late Pleistocene (circa 2.6 million to 12,000 years B.P.) and the current Holocene epoch (circa 12,000 years B.P. to the present). In the Coachella Valley, fossils are often discovered within lacustrine sediments linked to ancient Lake Cahuilla, whose shoreline reached the 42 - foot elevation contour during its last high stand in the late 17th century.

Common fossil remains in the region include marine shells, bones and teeth of fish, amphibians, reptiles, and mammals, as well as leaf assemblages and petrified wood. Fossil traces, such as internal and external molds or casts, are also found. These resources serve as critical indicators of the age of the rock formations in which they are found and may help determine the timing of geologic events and the relationships between different rock deposits. They also provide valuable data about evolutionary processes, environmental conditions, and biological communities.

Fossil resources are typically found in sedimentary rock formations like sandstone, siltstone, mudstone, claystone, or shale. Vertebrate fossils are considered nonrenewable due to their rarity. Fossils can occasionally be exposed through natural erosion or human activities, but they are often buried beneath surface soils. The absence of fossils on the surface does not rule out the possibility of their presence in subsurface deposits, and surface fossils often indicate that more may lie below.

Indian Wells General Plan Update PDEIR

4.7-2 November 2024

Page 354 of 1361 ends

Council Agenda- February 13, 2025

4.7 GEOLOGY AND SOILS
Paleontological resources are considered scientifically significant if they meet certain criteria, including providing information about evolutionary relationships, aiding in the dating of rock units, contributing to the understanding of biological communities, or showcasing unusual historical life circumstances.

Additionally, they may be of importance if they are rare or at risk of depletion through natural or human factors.

These resources are typically found in older soils that have accumulated in the valley over millions of years. Paleontological surveys and record searches are typically conducted to identify fossil localities within specific areas and determine their potential significance.

Figure 4.7-1, City of Indian Wells Paleontological Sensitivity, depicts what areas of the City are expected to have either no paleontological sensitivity, low sensitivity, high sensitivity at depth, or high sensitivity at the surface.

Indian Wells General Plan Update PDEIR

4.7-3 November 2024

Page 355 of 1361 ends

Council Agenda- MrisifyydibA,AR5
General Plan Update PDEIR
Figure 4.7-1
Paleontological Sensitivity
Source: Cultural and Paleontological Resource Study for the General Plan Update, City of Indian Wells, Riverside County, DUKE Cultural Resources Management, January 2021 GENERAL PLAN 2040
0111
INDIANge„ ELT S
ao .361

Council Agenda- February 13, 2025

4.7 GEOLOGY AND SOILS
Paleontological Sensitivity in Geologic Units
The City of Indian Wells is underlain by a range of geologic units, each with varying degrees of paleontological sensitivity. These geologic formations represent the deposition of sediments over millions of years, influenced by the environmental conditions of the Pleistocene and Holocene epochs.

The paleontological potential of these units is determined by their age, depositional environment, and the presence of fossils, which provide valuable insights into the region's prehistoric ecosystems and climatic history.

Geologic units within the City range from middle to late Pleistocene old alluvial deposits to Tate Holocene alluvial fan and wash deposits. These deposits include sediments carried by rivers, streams, and wind, with their composition varying from unconsolidated sands to slightly consolidated gravels and boulders.

This section provides an overview of the geologic units within the City, detailing their composition, depositional characteristics, and associated paleontological significance. Figure 4.7-2, City of Indian Wells Geologic Units, depicts the geologic units found within the City. Additionally, the geologic units found within the City are described below.

Old alluvial valley deposits (Qoa) (middle to late Pleistocene) Old alluvial valley deposits are composed of slightly to moderately consolidated silt to boulder deposits issued from confined valleys or canyons in the southeastern corner of the City.

Old alluvial fan deposits (Qof (middle to late Pleistocene) Old alluvial fan deposits are composed of slightly to moderately consolidated clay to gravel deposited along stream valleys and floodplains of large rivers associated with the Chino Canyon Fan. These deposits are found in the foothills of the highlands in the southwestern portion of the City.

The climate of Southern California during the Pleistocene was cooler and moister than the modern Mediterranean climate. In contrast to the harsh, cold conditions in high latitudes near the ice sheets, Southern California experienced a relatively milder climate during this time.

During this time, the area was inhabited by the familiar Pleistocene or "Ice Age" fauna, such as mammoth, mastodons, horses, camelids, and ground sloths. Towards the end of the Pleistocene, the Colorado River delta would have started to form a "dam" between the Salton Trough and the Gulf of California, initiating the first iterations of the Lake Cahuilla when the river meandered west and infilled the trough.

Young eolian and dune deposits (Qye) (late Pleistocene to Holocene) Young eolian and dune deposits are composed of unconsolidated to slightly consolidated wind- blown sands and are found in the northeastern portion of the City.

Young alluvial valley deposits
Qya) (late Pleistocene to Holocene)
Indian Wells General Plan Update PDEIR

4.7-5 November 2024

Page 357 of 1361 ends

Indian Wells City CouncilFebruary 13, 2025

Indian Wells City Council
February 13, 2025